Item Q12BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July l% 2.006. - KW
Bulk Item. Yes X No
Division: _County Attorney
Department Cunty Attorney
Staff Contact Person: Suzanne A. I Iutton
AGENDA ITEM WORDING:
Approval of-,-Wonro Comm- Publk Records I'ohcle,ss and 1'rocethires to establish accountability and
detailed operational procedures to ensure compliance with )Florida Statutes.
ITEM BACKGROUND:
Florida Statutes set forth specific guidelines for maintenance, accessibility, retention and disposition of
public records. Administrative polices and procedures are critical to ensure the Courty's compliance
with applicable statutory requirements.
PREVIOUS RELEVANT BOCC ACTION:
NIA
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval,
TOTAL COST: N/A BUDGETED: Yes No
COST TO COUNTY: NIA SOURCE OF Ft'N[]S:
RVVENUE PRODUCING: Yes No AMOt.NT PER MONTH Year
APPROVED BY: County Atty h OMB/Purchasing, Risk Management
DIVISION DIRECTOR APPROVAL: Q
NN -A. Ht, ON. CO�ORNEY
DOCUMENTATION: Included X_-_ Not Required
DISPOSITION:
Etch i sed 2,10
AGENDA ITEM #
NIONROE COUNTY, FLORIDA
Pli I3i,lC: REMRDS
POLICIES AND PROCEDURES
Basic Prernise Unless specifically exempted by law, all records or documents in the custody
of a local 0overnmcrit of the State of Florida is deemed a public record.
Basic Fxemptions Kecords exempt from disclosure include
• Social Security numbers
• Lists ofretirees' names with their addresses (DROP participants are retirees).
• All personal identifying information regarding a participant in the Public
Employee Optional Retirement Program (also known as the I KS Investment
Plan)-
• All personal identifying information (home addresses, telephone numbers,
social security numbers and photographs, and school or day care information
regardinz� their children) regarding active: or former law enforcement officers,
former or current state and 'assistant state: attorneys, former or current code
enforcement officers, former or current US and Assistant [- S Attorneys, forrrrer
or current judges, former or current guardians ad ]item, and their spouses or
children.
■ All personal identil'ving information regarding former or, current p,:rsonrrel 01'
local governments whose responsibilities Include revenue collection and
enforcement or child support enforcement, and their spouses or children.
• All personal identifying information regarding f'01111er or current firefighters
and their spouses or children .
• All personal identifying, information regarding former or current personnel of
local governments whose responsibilities include human resources, labor
relations, or employee relations, and their spouses or, children.
■ All personal identifying information regarding, and their spouses or children.
• health information.
• Certain exarn results.
• Other exemptions exist. It' the recipient of a request is unsure as to the
permissibility of prodding the requestor with a view or copy of the requested
record, contact the County Attorney's Office and ask.
The following policies and procedures apply to the County of Monroe, Florida
POLICY
t. All public records should be kept in the buildings in which they are ordinarily used -
At such time as records are no ionoer needed for operation of County g.ovcrnment,
the records may be stored off -site or dispersed pursuant to the records retention
policies and procedures.
2. When complying with a request, the coLinty will not. create a document or generate
information that does not already exist in the county's records. consequently, the
county would riot provide a list of current contracts unless a list has alreadv been
compiled and exists -
Each Division ,hall have a records custodian designated to respond to public records
requests for that DP%,-1s10n.
4. All requests for view or copies of public records shall he treated in a uniform
and timely manner.
DEFINITIONS
Active Records tiles and records that have not been stored or archived.
Actual Cost of Duplication the cost of the material and supplies used to duplicate the
record. It dues not include the labor- cost or overhead cost associated with such duplication.
Division Record — records in the Division's or its contract provider's custody.
Duplication Fee - the fee which may be charged for the duplication of the records- The fee
shall be 15 cents per copy for duplicated copies no lamer than 14 inches by 8 ',, inches. For
copies lamer than 14 inches by K '. inches, the fee shall be the actual cost of duplicating the
requested material. If applicable, this fee shall also include the cost of mailing or stripping the
requested material.
Exempt Record — a record in the custody of an a-ency or its contract provider which is
exempt from public inspection and examination pursuant to Florida Statutes.
Exemption the statutory basis by which the agency or its designees claims that a record or
information contained in that record is exempt from public inspection and examination -
Fee Guidelines - the guidelines that apply to fees charged for records other than the 150 per
copy of one-sided copies up to 8'I" x 14" and the additional 5¢ per double -sided copy for
duplicates up to H'/ " x 14". These guidelines include the following-
a. The hourly salary rate of the employees who copy and review information
pursrant to requests for records shall be determined, and the cost cliarged to the
r'equester-
b. ?Mailing costs, if the documents are mailed to the respective party, will be assessed,
and this cost will be charged to the requester.
c F:niployees requesting copies for personal use -Will be charged Cor all copy service
rendered. L
d. Entities currently under contract to BOCC to provide services will be provided,
free of charge, one complete copy of any administrative publication(s) addressing
those services or addressing the provider's contractual obligations.
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c. City. count,, state or federal government agencies and elected or appointed
government officials will be provided, free of charge, one complete copy of any
Division record. Copies of confidential records will be provided only to those
individuals or agencies as specified by law.
f Anv employee, attorney or representative of an eniploGce who requests copies of
public records that are needed in order to prepaz-e a case O-e. Career Service
Grievance, Collective Bargaining Grievance, Career Service Appeal, etc-) will be
charged #or all copying and redaction services rendered.
Inactive Records files and records that have been stored or archi-ved-
Information Technology Resources -- data processing hardware, software and services_
communications, supplies, personnel, facility resources, maintenance, and training.
Payment of Fees monies that must be collected prior to the delivery of the requested
material. Fees must be paid by cashier's check, money order, or personal check and made
payable to Monroe County.
Public Record - all dOCUMCWS, papers, letters, maps, hooks, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical form,
characteristics, or rneans of transmission, made or received pursuant to law or ordinance or in
connection with the transaction of official business by any agency -
Record Custodian - the Divisional employee who has supervision and control over a
document or record or has legal responsibility for its care, keeping or guardianship.
Records Custodian Liaison the Division stall' ass'
l-greed by each office to coordinate the
processing of records requests.
Records 'Management Administrator — County Administrator, who shall approve all
disposal requests prior to destruction of public records in compliance with the State Iaws
governing disposal of public records.
Records Management Liaison Officer - the County Administrator's designee who serves as
the point of contact between the divisions and Administrator's office, and is restionsible fi_rr
developing and revising; Division retention schedules and for conducting records management
training -
Redaction the process by which information that is confidential and exempt #i oin public
disclosure is edited Irony Division records.
Requestor any person making a request to view or to obtain copies of public records.
Social Security Number (SSN) - the identification number assigned to an individual by the
United States Government.
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Subpoena duce tecum a court process, initiated by a party in litigation, compellithy
production ofcertain specific docunlcrlts and other items in a person Is possession.
Special service charge — a charge that may be added to the fee for duplicating the requested
material A special service charge for "extensive assistance by BOCC staff" tray not be
assessed unless BOCC stall' spent at least 15 minutes in retrieving, copying and re -filing the
requested material The office assessing the special service charge will provide the BOCC
invoice (attachment I ) which provides documentation supporting the assessment. The fee tar
providing information which is already contained in a computer -generated report will be
based upon the actual cost to BOCC for providing the record. The fee for providin- existing
records which requires the use of the computer to generate the requested information will he
based on the hourly salary rate of the technical services employees to generate the requested
i nformati on.
View — to view, or the viewing of, the documents for which a public records request is made.
RESPONSIBILITiES:
A. Original recipient of request
1. Logs in or records receipt requests for division records, maintains records of how the
request was processed, including date and to whom the request was directed for response.
If' necessary. #«rwards requests to the Records Mana-ement Liaison Officer for
processino.
B Human Resources
1 . Processes requests for employment Information.
2 Reviews all requests of County divisions for disposal prior to destruction-
C. All Divisions:
I . Division director appoints a member of staITto be the divisional Records Custodian.
2. Any recipient of a public records request shall notify the divisional Records Custodian
Of the request, and, if that recipient knows, shall 1ril'orrn the Requestor of ail estii7lated
time for fulfillment of' the request. The recipient shall inform the Records Custodian
as to information provided to the requester regarding fulfillment of the request-
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3. -the Records Custodian shall notifv the reque.stor of any additional information
necessary to fulfill the request, includin- times and location available for vicA,
estimated cast of copies and that the estimated cost must be paid prior to copies hein8
made.
D. Office of the County Attorney
1. Reviews and processes all public records requests that involve current litigation
matters -
Reviews and assists [)]'vision employees in answering subpoenas duce tecum.
Advises, upon request, Division offices oil legal issues presented in a public records
request. .
STANDARDSTROCEDURES
A. Request to view Division Records : Any person may request to view public records of
the Division -
Upon receipt ol'a public records vie�a request, the Records Custodian:
l . Must make the records available for viewing at a reasonable
time and place under his/her supervision
3. Shall, prior to allowing the Public to view the Division
records. review the records to determine that the record to
be viewed does not contain any confidential information. It'
confidential information such as social security numbers are
contained in the record, copies of the pages containin0
information excepted from the public r'ecor'ds law shall be
made, the excepted information redacted and the redacted
pages with a notation as to the t}ape of redacted info (SS#,
address, etc) shall be substituted in the record to be viewed.
The view shall be made in a manner that allows Countv
personnel to keep the viewing :-equestor under surveillance
to assure the integrity of the files.
5
B. Request for copies of'Di.ision Records other than Employee Records:
Requests for copying of any records open to the public shall be directed to any office of the
Division where such records are kept for processing unless it involves current litigation.
1. The Records Custodian shall forward to the Records Management Liaison Officer
fOF processing any request for records not in the custody ol' that division.
L. If the request is known to involve records related to litigation, the Records
Custodian Shall forward the request to the County Attorney's Office.
3. It' the rcqucst is for records of the division receiving the reLluest, the Records
Custodian shall notify the reuestor of the estimated cost of duplication and estimated
service charges pursuant to fee guidelines.
4_ The Records Custodian shall
a. Collects and processes all fees associated with duplication prior -
to documents being provided. A money order or check is preferred,
but a receipt for any monies received shall be issued to the Requestor.
b. >'pon receipt ol' pa_yment tier estimated cost of duplication and
seniice charges, reviews records and redacts information exempt
from public inspection and examination pursuant to ss. 1 19.07 and
985.04, Florida Statutes, or requests assistance with same from the
Office of the County Attornev-
c. forwards payments for duplication of records and service
charges to Finance.
d. notify rquestor of any difference in estimated and actual cost
and make arrangements with Requestor for pick-up or delivery bv
prepaid ]mail within 5 10 days of receipt of payment.
e. Upon request, provides, in writing, a statement of the statutory
basis for redacting or not providing requested information.
f. Maintains files on all Division records requests submitted and
processed-
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5. The County Attorney or designee shall:
a. Upon receipt of records request that involves current litigation
matters, notifies the Records Custodian or Records Management
Liaison Officer of the estimated cost of duplication and estimated
service charges-
b. Upon receipt of paymcnt for estimated cost of duplication and
service charges, reviews records and redacts information exempt
from public inspection and examinalion pursuant to ss. .11907 and
985.04_ Florida Statutes-
C
. Reviews subpoenas duces tecum and advises appropriate
division staff regardi ng respon se.
d. Advises, upon request, Division offices or officials on legal
issues presented in a public records request.
e. Maintains files on all public records requests suhmitted and
processed.
6. A County Contract Provider, upon receipt of' a request for public records, shall
comply therewith or forwards the request to the Records Management Liaison Officer for
response for records not in the custody of the contractor .
C. Request for Copies of Employee Records:
Human Resources
1. Upon receipt of a request for a copy of an employee's
personnel tile, the Ifuman Resources 0f1ice will process the
s-e(lucst or, if appropriate, forward to the Contract Provider
for processing.
Redacts the social security number of the employee prior to
the release of the file. if a home address, telephone number,
social security number, or photograph is exempt pursuant to
s. 119_071, Florida Statutes, Human Resources redacts the
confidential information.
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Contract Provider
4. Upon receipt of a request, reviews the employee's file and
determines if the employee has tiled a. written request for
confidentiality under s. 119.07(4)(a)2, F.S. If there is a
written request in the personnel file, provides in writing an
explanation as to statutory basis fir the exemption claimed
and denies the request.
2. I a request complies with the requirements of s 1 19.071.
F.S., the designated staff in the County Attorney's Office
shall inform the Records Custodian that the otherwise
exempt information may be released
3. If the written request does not comply with the requirements
of s. 1 ]9.071(4), F.S,., the designated staff in the Office of
County Attorney informs HR or Records Custodian that the
records may not he released.
1. Upon receipt of a request for employee records or social
security numbers, coordinates with the Records Custodian
Liaison in processing the request..
Methods and Procedures Table:
Step . Owner Action
I Employee Receives request for public records information and notifies his /her
supervisor of [tie reclucst_ The Employee provides all details of the public
records request.
NOTE: This must be completed within one business day from the receipt
of the request
2 SuperV]sor Provides his or her Division Director with the details of the request
NOTF. this must be completed Within one business day_ from the receipt.
of the request
3 Division Provides the County Attorney's Office with the details of the public
Director records request
4 ('ounty Acts upon the public records request it) accordance with the provisions of
Attorney Chapter 1 19, Florida Statutes and this policy.
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KEY FLORIDA STATUTES:
119021 Custodial rcquirerrtents; maintenance, preservation, and retention of public records --
(1) Public records shall be maintained and preserved as follows:
(a) All public records should be kept in the buildings in which they are ordinarily
used.
(b) Insofar as practicable, a custodian of public records of vital, permanent, or
archival records shall keep them in fireproof and waterproof safes, vaults, OF rc}oms fitted v, ith
noncombustible materials and in such arrangement as to be easily accessible for convenient
use.
(c) 1. Record books should be copied or repaired, renovated, or rebound if' worn,
mutilated, damaged, or difficult to read.
2. Whenever any state, county, or municipal records are in need of repair,
restoration, or rebinding, the head of the concerned state agency, Division, board, Or
commission, the beard Of County Corrrrnissioners of such countV, or the governing body of
such municipality may authorize that such records be removed from the building or office in
which such records are ordinarily kept for the length of time required to repair, restore, or
rebind them.
Any public official who causes a record book to he copied shall attest and
certify under oath that the copy is an accurate copy of the original book. The copy shall then
have the force and effect of the original.
(2) (a) The Division of Library and Information Services of the Division of State shall
adopt rules to establish retention schedules and a disposal process for public records.
(b) Each agency shall comply �Nith the rules establishing retention schedules and
disposal processes for public records which are adopted by the records and information
management program of the division-
(c) Each publicofficial shall systematically dispose: of records no longer needed,
subject to the consent of the records and information management program of the division in
accordance with s. 257.36.
(d) The division may ascertain the condition of public records and shall give advice
and assistance to public officials to solve problems related to the preservation, creation, filing,
and public accessibility of public records in their custody. Public officials shall assist the
division by preparing an inclusive inventory of categories of public records in their custody.
The division shall establish a time period f'or the retention or disposal of each series of
records. Upon the completion of the inventory and schedule, the division shall, subject to the
availability of necessary space, staff, and other facilities for such purposes, r•nake space
available in its records center for the filing of semi -current records so scheduled and in its
archives for non -current records of'permanent value, and shall render such other assistance as
needed, including the rnicrofilrning of'records so scheduled.
(3) Agency orders that comprise final agency action and that must be indexed or listed
pursuant to s. 120.53 have continuing legal significance; therefore, notwithstanding any other
provision of this chapter or any provision of chapter 257, each agency shall permanently
maintain records of such orders pursuant to the applicable rules of the Division of State.
(4) (a) Whoever has custody of any public records shall deliver, at the expiration of his or
her term of office, to his or her successor or, if there be none, to the records and information
management program of the Division of Library and Information Services of the Division of
State, all public records kept or received by him or her in the transaction ol'official business.
9
(b) Whoever is entitled to custody of public records shall demand them from any
person havin ,, illegal possession of then, who must forthwith deliver the same to hire or her
Any person unlawfully possessing public records must within 10 days deliver such records to
the lawful custodian of publi€c records unless just cause exists for failing to deliver such
records.
1 19.07 Inspection and copying of records; photographing public records; fees, exemptions.--
(1) (a) Every person who has custody of a public record shall permit the record to be
inspected and copied by any person desiring to do so, at any reasonable time, under
reasonable conditions, and under supervision by the custodian of the public records
(b} A person who has custody of a public record who asserts that an exemption
applies to a part of such record shall redact that portion of the record to which an exemption
has been asserted and validly applies, and such person shall produce the remainder 01' such
record for inspection arid copying,
(c) If the person who has custody of a public record contends that all or part of' the
record is exempt from inspection and copying, he or she shall state the basis of the exemption
that he err she contends is applicable to the record, including the statutory Citation to an
exemption created or afforded by statute.
(d) 11'requested by the person seeking to inspect or copy the record, the custodian of
public records shall state in writing and with particularity the reasons For the conclusion that
the record is exempt or confidential.
(e) in any civil action in which an exemption to this section is asserted, if the
exemption is alleged to exist under or by virtue of s..1_ 1.9.071.(1)(d) or (f), (2)(d),(e), or (f), or
(4)(c), the public record or part thereof' in question shall be submitted to the court for an
inspection In camera. Ifall exemption IS alleged to exist under or by Virtue of S. 1 19:07 1
an inspection in camera is discretionary with the court If the court finds that the asserted
exemption is not applicable, it shall order the public record or part thereof in question to be
immediately produced for inspection or copying as requested by the person seeking such
access.
(f) Even it' an assertion is made by the custodian of public records that ,3 requested
record is not a public record subject to public inspection or copying under this subsection, the
requested record shall, nevertheless, not be disposed of for a period of 30 days after the date:
on which a written request to inspect or copy the record was served on or otherwise made to
the custodian of public records by the person seekiri,,) access to) the record. ItIa civil action is
instituted within the 30-day period to enforce the provisions ol' this section with respect to the
requested record, the custodian of public records may not dispose of the record except by
order of a court of'cornpetent.jurisdie Lion alter notice to all affected parties_
The absence of a civil action instituted for the purpose stated in paragraph (e) does
not relieve the custodian of public records of the duty to maintain the record as a public record
if the record is in fact a public record subject to public inspection and copying, under this
subsection and does not otherwise excuse or exonerate the custodian of public records from
any unauthorized or unlawful disposition of -such record.
(2) (a) As an additional means of inspecting or copying public records, a Custodian of
public records may provide access to public records by remote electronic means, provided
exempt or confidential information is not disclosed.
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(b) The custodian af'public records shall provide Safi guards to protest the contents of
public records from unauthorized remote electronic access or alteration and to prevent the
disclosure or modification of those portions of public records which are exempt or
confidential from subsection ( l) or s. 24, Art. I ofthe State Constitution.
(c) Unless otherwise required by law. the custodian of public records may charge a
fee for remote electronic access, granted under a contractual arrangement with a user, which
fee may include the direct and indirect costs of providing such access. Fees For remote
electronic access provided to the general public shall be in accordance with the provisions of
this section.
(3 ) (a) Any person shall have the right of access to public records for the purpose of'
making photographs of the record while such record is in the possession, custody, and control
of the custodian of public records.
(b) This subsection applies to the making ofphotograplis in the conventional sense by
use of a camera device to capture images of- public records but excludes (lie duplication of
microfilm in the possession of the clerk of the circuit court where a copy of the microfilm
may be made available by the clerk.
(c) Photographing, public records shall be done under the supervision of the custodian
of public records, who may adapt and enforce reasonable bales governing the photographing
Of such records.
(d) Photographing of public records shall be done in the roam where the public
records are kept. If, in the Judgment of the custodian of public records, this is impossible or
impracticable, photographing shall be done in another roam or place, as nearly adjacent as
passible to the room where the public records are kept, to be determined by the custodian of
public records. Where prcayision of another room or place for photographing is required, the
expense of prow iding the same shall be paid by the person desiring to photograph the public
record pursuant to paragraph (4)(c).
(4) The custodian of public records shall furnish a copy or a certified copy of the record upolr
payment of the fee prescribed by law. II' a fee is not prescribed by law, the following fees are
authorized:
(a) I kip to 15 cents per one-sided copy for duplicated copies of riot more than 14
inches by 81/2 inches,
2. No more than an additional 5 cents for each two --sided copy, and
3, Foi all other copies, the actual cost of'duplication ofthe public i-ecord.
(b) The charge for copies of county maps or aerial photographs supplied. by County
constitutional officers may also include a reasonable charge for the labor and overhead
associated with their duplication.
(c) An agency may charge up to $1 per copy For a certified copy of a public record.
(d) If' the nature or volume of public records requested to be inspected or copied
pursuant to this subsection is such as to require extensive use of- information technology
resources or extensive clerical or supervisory assistance by personnel of the agency involved,
or both, the agency may charge, in addition to the actual cost of duplication, a special service
charge, which shall be reasonable and shall be based can the cost incurred for such extensive
rlsc of inlormation technology resources or the labor cost ❑f the personnel providing the
service that is actually incurred by the agency or attribrltab€e to the agency for the c€erical and
supervisory assistance required, or both.
(e) I. "here proViSion of another roam or place is necessary to photograph public
records, the cxpense. of providing the same shall be paid by the person desiring to photograph
the public rccordS.
2. The custodian of public records may charge the person making the
photopaphs for supervision services at a rate of compensation to be a.,recd upon by the
person desiring to make the photographs and the custodian of public records. If' they fail to
agree as to the appropriate charge, the charge shall be determined by the custodian of public
records-
(5) When ballots are produced under this section for inspection or examination, ro persons
other than the supervisor of elections or the supervisor's employees shall touch the ballots. If
the ballots are being examined before the end of the contest period in s. ; the
supervisor of elections shall make a reasonable effort to notify all candidates by telephone or
otherAise of the time and place of the inspection or examination. All such candidates, or their
representatives, shall be allowed to be present during the inspection or examination.
(b) Nothing in this chapter shalt be construed to exempt from subsection (1) a public record
that was made a part of a court file and that is not specifically closed by order of court, except
as provided in s. 11" J I (1)(d) and (t), (2)(d),(e), and (f), and (4)(c) and except information or
records that may reveal the identity of a person who is a victim of a sexual offense as
provided in s. 1(2)(h).
(7) 1n exemption contained in this chapter or in any other general or special law shall not
limit the access of the Auditor General, the Office of Program Policy Analysis and
Government Accountability, or any state, county, municipal, university, board of community
college, school district, or special district internal auditor to public records when such person
states in writing that such records are needed for a properly authorized audit, examination, or
investigation. .Such person shall maintain the exempt or confidential status of that public
record and shall be subject to the same penalties as the custodian of that record for public
disclosure of such record.
(8) An exemption from this section does not imply an exemption from s. .'_ti:, t I The
exemption from s. _N..1 ! must be expressly provided.
(9) The provisions of this Section are not intended to expand or limit the provisions of Rule
3.220, Florida Rules of Criminal Procedure, regarding the right and extent of discovery by the
state or by a defendant in a criminal prosecution or in collateral post -conviction proceedings.
This section may not be used by any inmate as the basis for failing to timely litigate any post -
conviction action.
11 c) 071 General exemptions from inspection or copying of public records.--
(1) AGENCY ADMINISTRATION. --
(a) Examination gUeSUMS and answer sheets of examinations administered by a
governmental agency for the pllrpetSC of llcensure, certification, or employment are exempt
front s. 1 19,07(1) and s. 24(a), Art. I of the State Constitution. A person who has taken such
an examination has the right to review his or her own completed examination,
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(b) Sealed bids or proposals received by an agency pursuant to invitations to hid or
requests for proposals are exempt tram s, 1 19.07(1) and s. 24(a), Al. I of the State
Constitution until such time as the agency provides notice of a decision or intended decision
pursuant to s. 120.57(3)(a) or within 10 days after bid or proposal opening, whichever is
earl i e r.
(c) .Ar1V financial statenient that an agency requires a prospective bidder to submit in
order to pre -qualify for bidding or for responding to a proposal for a road or any other public
works project is exempt from s. 1 19.07(1) and s. 24(a), Art. I of the State Constitution
(d) i _ A public record that was prepared by all agency attorney (including an attorney
employed or retained by the agency or employed or retained by another public officer or
agency to protect or represent the interests of the agency having custody of' the record) or
prepared at the attorney's express direction, that reflects a mental impression, conclusion,
litigation strategy. or legal theory of the attorney or the agency, and that was prepared
exclusively for civil or criminal litigation or for adversarial administrative proceedings, or that
was prepared in anticipation of imminent civil or criminal litigation or imminent adversarial
administrative proceedings, is exempt from s. 1 19.07(1) and s. 24(a), Art. I of the State
Constitution until the conclusion of the litigation or adversarial administrative proccedlllgs.
For purposes of capital collateral litigation as set forth in s. 27.7001, the Attorney General's
office is entitled to claim this exemption for those public records prepared 1'or direct appeal as
well as for all capital collateral litigation after direct appeal until execution of Sentence or
imposition of a life sentence
2. This exemption is not waived by the release of such public record to another
public employee or officer of the same agency or any person consulted by the agency
attorney. When asserting the right to withhold a public record pursuant to this paragraph, the
agency shall identify the potential parties to any such criminal or civil litigation or adversarial
administrative proceedings. if a court finds that the document or- other record has been
improperly withheld under this paragraph, the party seeking; access to such document or
record shall be awarded reasonable attorneys fees and costs in addition to any other remedy
ordered by the court.
(e) Any videotape or video signal that, under an agreement with an agency, is
produced, made, or received by, or is in the custody of, a federally licensed radio or television
station or its agent is exempt from s. l 19.07( 1 }.
(f) Data processing softwarc obtained by an agency under a licensing agreement that
prohibits its disclosure and which software is a trade secret., as defined in s. 8 ;. 2.081, and
af!ency--produced data processing software that is sensitive are exempt from s. 1 19.07(l) and
s. 24(a), Art. I of the State Constitution. The designation of agency -produced software as
serimo e shall not prohibit an agency head from sharing or exchanging such software with
another public agency.
(2) AGENCY INV1 S,TIG.ATIONS.--
(a) All criminal intelligence and criminal investigative information received by a
criill inal 1ustice agency prior to January 25, 1971), is exempt from s. l 19.07(1 ) and s. 24(a),
Art. I of the State Constitution.
l�
(b) Whenever criminal intelligence information or criminal investigative information
held by a non -Florida criminal justice agency is available to a Florida criminal Justice aLCllcv
only on a confidential or similarly restricted basis. the Florida criminal justice agency may
obtain and use such information in accordance with the conditions imposed by the providing
apencv
(c) 1. Active criminal intelligence information and active criminal investigative
information are exempt from s. l 19.07(l ) and s. 24(a), Art. i of the State Constitution.
2. A request of a law enforcement agency to inspect or copy a public record that
is in the custody of another agency, the custodian's response to the request, and any
information that ,vould identity the public record that was requested by the law eriforce[lie fit
agency or provided by the custodian are exempt from s. 119.07(1) and s. 24(a), Art. I of the
State Constitution, during the period in which the information constitutes criminal intelligence
information or criminal investigative information that is active This exemption is .-emedial in
nature, and it is the intent of the Legislature that the exemption be applied to requests for
information received before, on, or after the effective date of this subparagraph. The law
enforcement agency shall give notice to the custodial agency when the criminal intelligence
information or criminal investigative information is no longer active, so that the custodian's
response to the request and information that would identity- the public record requested are
available to the public. This subparagraph is subject to the Open Government Sunset Review
Act in accordance with s. 119.15 and shall stand repealed October 2, 2007, unless reviewed
and saved from repeal through reenactment by the Legislature.
(d) Any information revealing surveillance techniques or procedures or personnel is
exempt from s. 119.070) and s. 24(a), Art. I of the State Constitution. Any comprehensive
inventory of state and local law enforcement resources compiled pursuant to part 1, chapter
23, and any comprehensive policies or plans compiled by a criminal justice agency pertaining
to the mobilization, deployment, or tactical operations involved in responding to emergencies,
as defined in s 2`234(7), are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution and unavailable for inspection, except by personnel authorised by a state or local
law enforcement agency, the office of the Governor, the Division of Legal Affairs, the
Division of La�v Enforcement, or the Division of Commumty Affairs as having an official
need for access to the inventory or comprehensive policies or plans-
(e) Any information revealing the substance of a confession of a person arrested is
exempt from s. 1 19.07( 1) and s. 24(a), Art. I of the State Constltutloil, until such time as the
criminal case is finally determined by adjudication, dismissal, or other final disposition.
(f) Any information revealing the identity of a confidential informant or a confidential
source is exempt from s 1 19 07(1) and s. 24(a), Art. I of the State Constitution.
(g) When the alleged victim chooses not to file a complaint and requests that records
of the complaint remain confidential, all records relating to an allegation of employment
discrimination are confidential and exempt from s. 1 19.07(1) and s. 24(a), Art. I of the State
Constitution.
14
(h) 1. Any criminal intelligcnce information or criminal investigative information
including the photograph- name, address, or other fact or information which reveals the
Identity of the victim of the crime of sexual battery as defined in chapter 794; the identity of
the victim of a lewd or lascivious offense committed upon or in the presence ot'a person less
than 16 years of aec. as defined in chapter 800', or- the identity of the victim of the crime of
child abuse as defined by chapter 827 and any criminal intelligence information or, criminal
investigative information or other criminal record. including those portions of court records
and court proceedings, which may reveal the identity of a person who is a victim of any
sexual offense, including a sexual offense proscribed in chapter 794, chapter 800, or chapter
827, is exempt from s. 1 19.07(1) and s. 24(a), .Art. 1 of the State Constitution.
2. In addition to subparagraph I., any criminal intelligence information or
criminal investigative information that is a photograph, videotape, or image of any part of the
body of the victim of a sexual offense prohibited udder chapter 794, chapter 900, or chapter
827 regardless of whether the photograph, videotape, or image identifies the victim, is
confidential and exempt from s. 1 19.07(1) and s. 24(a), Art. I of the State Constitution. This
exemption applies to photographs, videotapes, or images held as criminal intelligence
information or criminal investigative information before, on, or after the effective date of the
exemption.
(1) Any criminal intelligence information or ciiminal irrvestigative information that
reveals the personal assets of the victim of a crime, other than property stolen or destroyed
during the conirnission of the crime, is exempt from s. 1 19.07(I ) and s. 24(a), Art. I of the
State Constitution.
0) 1. Any document that reveals the identity, home or employment telephone number,
home or employment address, or personal assets of` the victim of a crime and identifies that
person as the victim of a crime, which document is received by any agency that regularly
receives information from or concerning the victims of crime, is exempt fioin s. 1 19.07(1) and
s. 24(a), .Art. I of the State Constitution. Any information not otherwise held confidential or
exempt from s. 1 19.07(1) which reveals the home or employment telephone number, home or
employment address, or personal assets of a person who has been the victim of sexual battery,
aggravated child abuse, aggravated stalking, harassment., aggravated battery, or domestic
violence is exempt firom s. 1 19.07(1) and s. 24(a), Art. I of the State Constitution, upon
written request by the victim, which must include official verification that an applicable crime
has occurred. Stich information shall cease to be exempt 5 years after the receipt ofthc written
regnest. Any state or tederal agency that is authorized to have access to such do: uments b_v
any provision of law shall be granted such access in the furtherance of such agency's statutory
duties, notwithstanding this section.
2, a. Any information in a videotaped statement of a minor who is alleged to be
or who is a victim of sexual battery. lewd acts, or other sexual misconduct proscribed in
chapter 800 Orin s. 794.011, s. 827.071, s. 947.012, s. 847.0125, s. 847.013, s. 847,013.3, or s.
847.0145, which reveals that minor's identity, including,, but not limited to, the minor's face,
the minor's home, school, church, or employment telephone number, the minor's home,
school, church, or employment address, the name of the minor's school, church, OF place of
employment; or the personal assets of the minor; and which identifies that minor as the victim
of a crime described in this subparagraph, field by a law- enforcement agency, is confidential
and exempt from s. l 19.07(1) and s. 24(a), Art. I of the State Constitution. Any governinental
15
agency that is authorized to have access to such statements by any provision of la,�v shall be
granted such access in the iirrtherance of the as statutory duties_ notwithstanding the
provisions of this section.
b. A public employee or officer who has access to a videotaped statement of a
minor who is alleged to be or who is a victim of sexual battery, lewd acts, or ether sexual
misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071. s. 847 012, s. 847.0125, s.
847.013, s. 847.0133, or s. 847.0145 may not willfully and knowingly disclose videotaped
information that reveals the minor's identity to a person who is not assisting in the
investigation or prosecution of the alleged offense or to any person other than the defendant,
the defendant's attorney, or a person specified in an order entered by the court haying
jurisdiction of' the alleged offense- A person who violates this provision commits a
misdemeanor of the first degree, punishable as provided in s. 775,082 or S. 775.083.
(3) 5EC`i;R1TY---
(a) A security system plan or portion thereof for.
l Any property owned by or leased to the state or any of its political subdivisions,
or
2 Any privately owned or leased property which plan or portion thereat is held by
any agency is confidential and exempt From s. 1 19.07(1) and s. 24(a), Art. l of the State
Constitution. As used in this paragraph, the term a "security system plan" includes all records,
information, photographs, audio and visual presentations, schematic diagrams, surreys,
recommendations, or consultations or portions thereof relating directly to the physical security
of the facility or revealing security systems, threat assessments conducted by any agency or
any private entity, threat response plans, emergency evacuation plans, sheltering
arrangements, or manuals for security personnel, emergency equipment, or security training.
This exemption is remedial irr nature and it is the intent of the legislature that this exen3p€ion
be applied to security system plans held by an agency before, on, or after the effective date of
this paragraph. Information made confidential and exempt by this paragraph may be disclosed
by the custodial agency to the property owner or leaseholder, or such information may be
disclosed by file custodial agency- to another state or federal agency to prevent, detect, gruard
against, respond to, investigate, or manage the consequences of any attempted or actual act of
terrorism, or to prosecute those persons who are responsible for such attempts or acts, and the
confidential and exempt status of such information shall be retained while in the possession of
the receiving agency. This paragraph is subject to the Open Government Sunset Review Act
in accordance with s. 119.15 and shall stand repealed on October 2, 2006, unless reviewed
and saved From repeal through reenactment by the Legislature.
(b) Building plans, blueprints, schematic drawings, and diagrams, including; draft,
preliminary, and final formats, which depict the internal layout and structural elements of a
building, arena, stadium, water treatment facility, or other structure owned or operated by an
agency are exempt from s. 119.07(l) and s. 24(a), Art. l of the State Constitution. This
exemption applies to building plans, blueprints, schematic drawings, and diagram: _ including
draft, preliminary, and final formats, which depict the internal layout and structural elements
of a building, arena, stadium, water treatment facility, or other structure owned or operated by
an agency before, on, or after the effective date of this act. Information made exempt by this
paragraph may be disclosed to another governmental entity if disclosure is necessary for the
receiving- entity to perform its duties and responsibilities, to a licensed architect, engineer, or
contractor who is performing work on or related to the building_ arena, stadium, water
16
treatment lacility, or ether structure owned or operated by an agency: or upon a shop%ing of
good cause before a court of competent jurisdiction. The entities or persons receiving such
information shall maintain the exempt status of the information_ This paragraph is subject to
the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand
repealed on ❑ctober 2, 2007, unless reviewed and reenacted by the Legislature.
(c) Building plans. blueprints, schematic drawings, and diagrams, including draft,
preliminary, and final formats, which depict the internal layout or structural elements of' an
attractions and recreation facility, entertainment or resort complex, industrial complex, retail
and service development, office development, or hotel or motel development_ whiclt
documents are held by an agency are exempt from s. 1 19.07(l ) and s. 24(a), Art. 1 of the State
Constitution. This exemption applies to any such documents held by an agency before, on, or
aver the effective date of this act Information made exempt by this paragraph may be
disclosed to another governmental entity if disclosure is necessary for the receiving entity to
perform its duties and responsibilities, to the owner or owners of the structure in question or
the owner's legal representative; or upon a showing of good cause before a court of competent
jurisdiction. As used in this paragraph, the term:
t . "Attractions and recreation facility" means any sports, entertainment, amusement,
or recreation facility, including, but not limited to, a sports arena, stadium, racetrack, tourist
attraction, amusement park, or pari-mutuel lacility that:
a. For single -performance facilities.
(1) Provicics single -performance facilities-, or
(1I) Provides more than 10,000 permanent seats for spectators.
b. For serial -performance facilities:
(l} Provides parking spaces for more than 1,000 motor vehicles, or
(1I) Provides more than 4,000 permanent seats for spectators.
2. "Entertainment or resort complex" means a theme park comprised of at least 25
acres of land with permanent exhibitions and a variety of recreational activities, which has at
feast 1 million visitors annually who pay admission fees thereto, together with any lodging,
dining, and recreational facilities located adjacent to, contiguous to, or in close proximity to
the theme part;, as long as the owners or operators of the theme park, or a parent or related
company or subsidiary thereof, has an equity interest in the lodging, dining, or recreational
facilities or is in privity therewith. Close proximity includes an area within a 5-mile radius of
the theme part: complex
3. "Industrial complex" means any industrial, manufacturing_ processing_
distribution, warehousing, or wholesale facility or plant, as well as accessory uses and
structures, under common ownership which:
a. Provides onsite parking for more than 250 ]rotor vehicles,
b. Encompasses 500,000 square feet or more of' gross floor area, or
c. Occupies a site of 100 acres or more, but excluding wholesale facilities or
plants that primarily serve or deal onsite with the general public.
4. "Retail and service development" means any retail, service, or wholesale
business establishment or group of establishments which deals primarily with the general
public onsite and is operated under one common property ownership, development plan, or
management that:
a. U.-ncompasses more than 400,000 square feet of gross floor area: or
b Provides parking spaces for more than 2,500 motor vehicles.
17
S "Office development" means any office building or park operated under common
ownership, development plan, or management that encompasses 300,000 or more square feet
of gross floor area.
6. "Hotel or motel development" means any hotel or motel development that
accommodates 350 or more units.
This exemption does not apply to comprehensive plans or site plans, or amendments thereto,
which arc submitted for approval or which have been approved under local land development
regulations, local zoning regulatioils, or development-of=regional-impact review.
(4) .AGENCY PERSONNEL INFORMATION.--
(a)1 . The social security numbers of all current and former agency employees which
numbers are contained in agency employment records are exempt from s. 1 19.07(l) and s.
24(a), Art. I of the State Constitution.
I An agency that is the custodian of a social security number specified in
subparagraph I . and that is not the employing agency shall maintain the exempt status of the
social security number only if the employee or the employing agency of the employee submits
a written request for confideritiality to the custodial agency. However, upon a request by a
commercial entity as provided in subparagraph (5)(a)5., the custodial agency shall release the
last four digits of the exempt social security number, except that a social security number
provided in a lien filed with the Division of State shall be released in its emirety. This
subparagraph is subject to the Open Government Sunset Review Act in accordance with s.
1 19.15 and shall stand repealed on October 2, 2009, unless reviewed and saved frorn repeal
through reenactment by the Legislature-
(b) Medical information pertaining to a prospective, current, or former officer or
employee of an agency which, if'disclosed, would identity that officer or employee is exempt
from s. l 19.07( I) and s. 24(a), Art. I of the State Constitution, However, such information
may be disclosed if the person to whom the information pertains or the persons legal
representative provides written permission or pursuant to court order.
(c) Any information revealing undercover personnel of a.ny criminal justice agency is
exempt from s. 1 19.07(l ) and s. 24(a), Art. I of the State Constitution.
(d) l . The home addresses, telephone numbers, social security numbers, and
photographs of active or former law enforcement personnel, including correctional and
correctional probation officers, personnel of the Division of Children and Family Services
whose duties include the investigation of abuse, neglect, exploitation; fraud, theft, or other
criminal activities, personnel of the Division of Ifealth whose duties are to support the
investigation of child abuse or neglect, and personnel of the Division of Revenue or local
governments whose responsibilities include revenue collection and enforcement or child
support enforcement, the home addresses, telephone numbers, social security numbers.
photographs, and places of employment of the spouses and children of such personnel, and
the names and locations of schools and day care facilities attended by the children of such
personnel are exempt from s. 1 19.07(1). The home addresses, telephone numbers, and
photographs of firefighters certified in compliance with s. 633.35; the home addresses,
telephone numbers, photographs, and places of employment of the spouses and children of
such firefighters; and the names and locations of schools and day care facilities ;attended by
the children of such firefighters are exempt from s. 1 19.07(1), The home addresses and
telephone numbers of justices of the Supreme Court, district court of appeal judges, circuit
19
court judges, and county court judges, the home addresses, telephone numbers, and places of
employment of the spouses and children of justices and judges; and the names and locations
of schools and day care facilities attended by the children ❑f'.justices and judges .are exempt
from s. 1 19.07(i ). The home addresses, telephone numbers, social security numbers, and
photographs of current or former state attorneys, assistant state attorneys, statewide
prosecutors, or assistant statewide prosecutors, the home addresses, telephone numbers, social
security numbers, photographs, and places of employment of the spouses and children of
current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant
statewide prosecutors, and the names and locations of schools and day care facilities attended
by the children of current or former state attorneys, assistant state attorneys., statewide
prosecutors, or assistant statewide prosecutors are exempt from s. 1 19.C17(1) and s. 24(a), Art.
i of the State Constitution.
2. The home addresses, telephone numbers, social security numbers, and
photographs of current or former human resource, labor relations, or employee relations
directors, assistant directors, managers, or assistant managers of any local government agency
or water management district whose duties include hiring and firing employees, labor contract
negotiation, administration, or other personnel -related duties; the names, home addresses,
telephone numbers, Social security numbers, photographs, and places of employment of the
spouses and children of such personnel, and the names and locations of schools and day care
facilities attended by the children of such personnel are exempt from s. 1 19.07(1) and s. 24(a),
.Art. I of the State Constitution. This subparagraph is subject to the Open Government Sunset
Review Act in accordance with s 119.15 and shall stand repealed on October 2, 2006, unless
reviewed and saved from repeal through reenactment by the Legislature.
3. The home addresses, telephone numbers, social security numbers, and
photographs of current or former United States attorneys and assistant t inited States
attorneys: the home addresses, telephone numbers. social security numbers, photo'graphs, and
places of employment of the spouses and children of current or former united States attorneys
and assistant United States attorneys, and the names and locations of schools and day care
facilities attended by the children of current or former United States attorneys and assistant
Linited States attorneys are exempt from S. 1 19.07(1) and s. 24(a), Art. I of the State
Constitution. This subparagraph is subject to the Open Government Sunset Review Act in
accordance with s. 1 1915.and shall stand repealed can October 2, 2009, unless reviewed and
saved from repeal through reenactment by the I.egislaturc..
4. The home addresses, telephone numbers, social security numbers, and
photographs of current or former judges of United States Courts of Appeal, United States
district judges, and united States magistrate judges, the home addresses, telephone numbers,
social security numbers, photographs, and places of employment of the Spouses and children
of current or former judges of United States Courts of Appeal, United States district judges,
and United States magistrate: judges, and the names and locations of schools and day care
facilities attended by the children of current or former judges of L'nited States Courts of
Appeal, United States district judges_. and Ignited States magistrate judges are exempt fi om s.
1 19.07(1) and s 24(a), Art_ I of [tie State Constitution. This subparagraph is subject to the
Open Government Sunset Review Act in accordance with s. 1 1.9.15 and shall stand repealed
on October 2, 2009, unless reviewed and saved from repeal through reenactment by the
Legislature.
19
S. 'The home addresses, telephone numbers, social security numbers, and
photographs of current or former code enforcement officers. the names, home addresses,
telephone numbers. social security numbers, photographs, and places of employment of the
spouses and children of such persons. and the names and locations al' schools and day care
facilities attended by the children of such persons are exempt from s. 119.07( l) and s. 24(a),
Art. I of the State Constitution. This subparagraph is subject to the Open Government Sunset
Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2006, unless
reviewed and saved front repeal through reenactment by the Legislature.
6. The home addresses, telephone numbers, places of employment, and photographs
of current or Cornier guardians ad Iitem, as defined in s. 39.820, and the names, home
addresses, telephone numbers, and places of employment of the spouses and children of such
persons, are exempt from 3 s. 1 19.07(1) and s. 24(a), Art. 1 of the State Constitution. if the
guardian ad litem provides a written staternerit that the guardian ad ]item has made reasonable
etTorts to protect such information from being accessible through other means available to the
public. This subparagraph is subject to the 40pen Government Sunset Review Act in
accordance with s. 1 19.15 and shall stand repealed on October 2, 2010, unless reviewed and
saved from repeal through reenactment by the Legislature.
7. An agency that is the custodian of the personal information specified in
subparagraph I , Subparagi-aph 2., subparagraph 3., subparagraph 4.. subparagraph 5., or
subparagraph 6. and that is not the employer of the officer, employee, justice, judge, or other
person specified iIl subparagraph I_ subparagraph 2., subparagraph 3., subparagraph 4.,
subparagraph 5., or subparagraph 6. shall maintain the exempt status of the personal
information only if the officer, employee, justice, judge, other person, OF employing agency of
the designated employee submits a written request for maintenance of the exemption to the
custodial aoencv-
(5) 0-1-HER PERSONAL INFORMATION._
W l . The Legislature acknowledges that the social security' number ryas never
intended to be used for business purposes but was intended to be used solely for the
administration of the federal Social Security System, The LegiSlature is further aware that
over time this unique numeric identifier has been used extensively for identity verification
purposes and other legitimate consensual purposes. The Legislature is also cognizant of the
fact that the social security number can be used as a tool to perpetuate fraud against a person
and to acquire sensitive personal. financial_ medical, and familial irrformatiorl, the release of
which could caLise great financial or personal harm to an individual. The Legislature intends
to monitor the commercial use of Social security numbers held by state agencies in order to
maintain a balanced public policy.
2_ An agency shall not collect an indiyidual's social security nurrbe.r unless
authorized by law- to do so or unless the collection of the social security number is otherwise
imperative for the performance of that agency's duties and responsibilities as prescribed by
law. Social security numbers collected by an agency must be relevant to the purpose for
which collected and shall not be collected until and unless the need for social security
numbers has been clearly documented. An agency that collects social security nurrrbers shall
also segregate that number on a separate page Crom the rest of the record, or a otherwise
appropriate, in order that the social security number be more easily redacted, if required,
pursuant to a public records request. An agency collecting a person's social security number
shall, upon that person's request, at the time of or prior to the actual collection of the social
20
security number by that agency, provide that person with a statement of the purpose or
purposes for which the social security number is being collected and used. Social security
numbers collected by an agency shall not be used by that agency for any purpose other than
the purpose stated- Social security numbers collected by all agency prior to May 13, 2002,
shall be reviewed for compliance with this subparagraph- If the collection of a social security
number prior to May 13, 2002, is found to be unwarranted, the agcncy shall immediately
discontinue the collection of social security numbers for that purpose.
3. Effective October 1, 2002, all social security numbers held by an agency are
con fidentia] and exempt from s- 119-[)7(l ) and s. 24(a), Art- I of the State Constitution, This
exemption applies to all social security numbers held by an agency before, on, or after the
effective date of this exemption.
4- Social security numbers may be disclosed to another governmental entity or its
agents, employees, or contractors if disclosure is necessary for the receiving entity to perform
its duties and responsibilities. The receiving governmental entity and its agents, employees,
and contractors shall maintain the confidential and exempt status of such numbers.
5- An agency shall not deny a commercial entity engaged in the performance of a
commercial activity as defined in s- 14.203 or its agents, employees, or- contractors access to
social security numbers, provided the social security numbers will be used only in the normal
course of business for legitimate business purposes, and provided the commercial entity
makes a written request for social security numbers, verified as provided in s. 92.525, legibly
signed by an authorized officer, employee, or agent of the commercial entity- The verified
written request must contain the commercial entity`s name, business mailing and location
addresses, business telephone number, and a statement of the specific purposes far which it
needs the social security numbers and how the social security numbers will be used in the
normal course of business for legitimate bUsiriess purposes. 'I he ag�re ;ate of these requests
shall serve as the basis for the agency report required in subparagraph 8. An agency may
request any other information reasonably necessary to verily the identity of' the entity
requesting the social security numbers and the specific purposes for which such numbers will
be used, however, an agency has no duty to inquire beyond the information contained in the
verified wi itten request -Alegi tirnaie business purpose includes verification of the accuracy of
personal information received by a commercial entity in the normal course of its business; use
in a civil, criminal, or administrative proceeding, use for insurance purposes, use in lave
enforcement and investigation of crimes, use in identifying and preventing fraud, use ill
matching, verifying, or retrieving information; and use in research activities- A legitimate
business purpose does not include the display or bulk sale of social security nun-ibers to the
general public or the distribution of such numbers to any customer that is not identifiable by
the distributor-
6. Anv person who makes a false representation in order to obtain a social security
number pursuant to this paragraph, or any person who willfully and knowingly violates this
paragraph, commits a felony of the third degree, punishable as provided in s- 775.082 or s-
775,08 3, .Any public officer who violates this paragraph is guilty of non -criminal infraction,
punishable by a fine not exceeding $500. A commercial entity that provides access to public
records containing social security numbers in accordance with this paragraph is not subject to
the penalty provisions of this subparagraph-
21
— a. On or after October 1, 2002, a person preparing or filing a document to be
recorded in the official records by the county recorder as provided for in chapter 28 may not
include any person's social security number in that document, unless otherwise expressly
required by law. If a social security number is or has been included in a document presented
to the county recorder [or recording in the official records of' the county beforc, on, or after
October- 1, i002, it may be made available as part of the official record available for public
inspection and copying.
b. Any person, or his or her attorney or legal guardian, has the right to request
that a county recorder remove, from an image or copy of an official record placed on a county
recorder's publicly available Internet website or a publicly available Internet website used by
a county recorder to display public records or otherwise made electronically available to the
general public by such recorder, his or her social security number contained in that official
record. Such request must be made in writing, iegihly signed by the requester an,J delivered
by mail, facsimile. or electronic transmission, or delivered in person, to the county recorder.
The request must specify the identification page number that contains the social security
number to be redacted. The county recorder has no duty to inquire beyond the wrmen request
to verify the identity of a person requesting redaction. A fee shall not be Charged for the
redaction of a social security number pursuant to such request.
c. A county recorder shall immediately and conspicuously post signs throughout
his or her offices for public viewing and shall immediately and conspicuously 5post, on any
Internet "ebsite or remote electronic site made available by the county recorder and used Cor
the ordering or display of official records or images or copies of official records, a notice
stating_ in substantially similar form, the following.-
(1) On or after October 1, 2002, any person preparing or filing a document for
recordation in the official records may not include a social security number in such
document, unless required by law.
(11) Any person has a. right to request a county recorder to remove, from an
image or copy of an official record placed on a county recorder's publicly available
tnterriet website or on a publicly available [nternet website used by a county recorder
to display public records or otherwise made electronically available to the general
public, any social security number contained in an official record. Such request must
be made in writing and delivered by mail, facsimile, or electronic transmission, or
delivered 'In person, to the county recorder. The request must specify the identification
page number that contains the social security number to be redacted. No fee will be
charged for the redaction of a social security number pursuant to such a request.
d. Until January 1, 2007, if a social security number, made confidential and
exempt pursuant to this paragraph, or a complete bank account, debit, charge, or credit card
number made exempt pursuant to paragraph (b) is or has been included in a court file, such
number may be included as part of the court record available for public inspection and
copying unless redaction is requested by the holder of such number, or by the holder's
attorney or legal guardian, ira a signed, legibly written request specifying the case name, case
number, document heading, and page number. The request must be delivered by mail,
facsimile, electronic transmission_ or in person to the clerk of the circuit court. The clerk of
the circuit court does not have a duty to inquire beyond the written request to verify the
identity of a person requesting redaction. A fee may not be charged for the redaction of a
22
social security nLimher or a bank account, debit, charge, or credit card number pursuant to
such request.
e. Any person who prepares or files a document to be recorded in the official
records by the county recorder as provided in chapter 28 may not include a person's social
secur-ity number or complete bank account; debit, charge, or credit card number in that
document unless otherwise expressly required by law. Lentil January 1, 2007, if a social
security number or a complete bank account, debit, charge, Or credit card number is or has
been included in a document presented to the county recorder for recording in the official
records of the county, such number may be made available as part of the official record
available for public inspection and copying. Any person, or his or her attorney or legal
guardian, may request that a county recorder remove from an image or copy of an official
record placed on a county recorder's publicly available Internet website, or a publicly
available Internet website used by a county recorder to display public records outside the
ottice or other -wise made electronically available outside the county recorder's ofltice to the
general public, his or her social security number or complete account, debit, charge, or credit
card number contained in that official record. Such request must be legibly 1ATitten. signed by
the reClUester, and delivered by mail, facsimile, electronic transmission, or ire person to the
county recorder. The request must specify the identification page number of the document
that contains the number to be redacted. The county recorder does not have a duty to inquire
beyond the written request to verify the identity of a person requesting redaction. A fee may
not be charged for redacting such numbers.
f. Subparagraphs 2. and 3. do not. apply to the clerks of the court or the county
recorder with respect to circuit court records and official records.
g. On January 1, 2007, and thereafter, the clerk of the circuit court and the
county recorder must keep complete bank account, debit, charge, and credit card numbers
exempt as provided for in paragraph (b), and must keep social security numbers confidential
and exempt as provided for in subparagraph 3., without any person having to request
redacti ran.
8. Beginning January 3 1, 2004, and each January 31 thereafter, every a; erlcy must
file a report with the Secretary of State, the President of the Senate, and the Speaker of the
House of' Representatives listing the identity of all commercial entities that have requested
social security numbers during the preceding calendar year and the specific purpose or
purposes stated by each commercial entity regarding its need for social security numbers. lf'
no disclosure requests were made, the agency shall so indicate.
9. Any affected person may petition the circuit court for an order directing
compliance with this paragraph.
10. This paragraph does not supersede any other applicable public records
exemptions existing prior to May 13, 2002, or created thereafter.
I1. This paragraph is subject to the Open Government Sunset Review Act in
accordance with s. 11915 and shall stand repealed October 2, 2007, unless reviewed and
saved from repeal througlr reenactment by the Legislature-
(b) Bank account numbers and debit, charge, and credit card numbers held by an
agency are exempt from s. l 19.07(1) and s. 24(a), Art. l of the State Constitution. This
exemption applies to bank account numbers and debit, charge, and credit card numbers held
by an agency- before. on, or after the effective date of this exemption. This paragraph is
subject to the Open Government Sunset Review Act in accordance with s. 11915 and shall
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stand repealed on October 2, 2007, unless reviewed and saved from repeal through
reenactment by the Legislature.
(c) Any information that would identify or help to locate a child who participates in
government -sponsored recreation programs or camps or the parents or guardians of such
child, including, but not limited to, the name, home address, telephone number, social security
number, or photograph of the child, the names and locations of schools attended by such
child, and the names, home addresses, and social security numbers of parents or guardians of
such child is exempt from s. 1 19.07(l) and s. 24(a), Art. I of the State Constitution.
Information made exempt pursuant to this paragraph may be disclosed by court order upon a
showing of ,,00d cause. This exemption applies to records held before, on, or after the
effective date of this exemption.
(d) All records supplied by a telecommunications company. as defined by s. 364.02,
to an agency v hich contain the name. address, and telephone number of subscribers are
confidential and exempt from s. 1 19.07(1 ) and s 24(a), .Art. 1 of the State Constitution-
(e) Any information provided to an agency for the purpose of forming ridesharing
arrangements, which information reveals the identity of an individual who has provided his or
her name for ridesharing, as defined in s. 341.031, is exempt froth s. 1 19.07(1) and s. ?4(a),
Art. I of the State Constitution.
(f) Medical history records and information related to health or property insurance
provided to the Division of Community Affairs, the Florida Housing Finance Corporation, a
county, a mu1icipalIty, or a local housing finance agency by an applicant for or a participant
in a federal, state, or local housing assistance program are confidential and exempt from s.
1 19.07(1) and s. 24(a), Art. I of the State Constitution. Governmental entities or their agents
shall have access to such confidential and exempt records and information for the purpose of
auditing federal, state, or local housing programs or housing assistance programs. Such
confidential and exempt records and information may be used in any administrative or judicial
proceeding, provided such records are kept confidential and exempt unless otherwise ordered
by a court.
1 19.0713 Lcrcal {7overnment agency exemptions from inspection or copying of public
records.--
(1) All complaints and other records in the custody of any unit of local government which
relate to a complaint of discrimination relating to race, color, religion, sex, national origin,
age, handicap, marital status, sale or rental of housing, the provision of brokerage services, or
the financing of housing are exempt from s. 1 19.07(l) and s. 24(a), Art. I of the State
Constitution until a finding is made relating to probable cause, the investigation of the
complaint becomes inactive, or the complaint or other record is made part of the official
record of any hearing or court proceeding, This provision shall not affect any function or
activity of the Florida Commission on Human Relations. Any state or federal agency that is
authorized to have access to such complaints or records by any provision of law shall be
granted such access in the furtherance of such agency's statutory duties. This subsection shall
not be construed to modify or repeal any special or local act.
(2) All personal identifying information contained in records relating to a person's health held
by local governmental entities for the purpose of determining eligibility for para-transit
services under Title I1 of the Americans with Disabilities Act or eligibility for the
transportation disadvantaged program as provided in part I of chapter 427 is confidential and
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exempt from s. 1 19.07(1) and s. 24(a). Art. 1 of the State Constitution, except as otherwise
provided in this subsection. This exemption applies to personal identifying information
contained in such records held by local governmental entities before, on, or after tine effective
date of this exemption. Information made confidential and exempt by this subsection shall be
disclosed:
(a) With the express written consent of the individual or the individual's legally
authorized representative;
(b) In a medical emergency, but only to the extent necessary to protect the health or
life of the individual:
(c) By courrt order upon a showing of good cause, or
(d) For the purpose of determining eligibility for para-transit. services if the individual
or the individual's legally authorized representative has filed an appeal or petition before an
administrative body of local government or a court
(3) The audit report of an internal auditor prepared for or on behalf of a unit of local
government becomes a public record when the audit becomes final. As used in this
subsection, the term "unit of local government" means a county, municipality, special district,
local agency, authority, consolidated city -county- government, or any other local governmental
body or public body corporate or politic authorized or created by general or special law. An
audit becomes final when the audit report is presented to the unit of local government. Audit
workpapers and notes related to such audit report are confidential and exempt from s.
1 19.07(l ) and s. 24(a), Art. 1 of the State Constitution until. the audit is completed and the
audit report b ecornes final.
(4) Any data, record, or document used directly or solely by a municipally owned utility to
prepare and submit a bid relative to the sale, distribution, or use of any service, commodity, or
tangible personal property to any customer or prospective customer is exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption commences wlien a
municipal utility identifies in writing a specific bid to which it intends to respond. This
exemption no longer applies when the contract for sale, distribution, or use of the service,
commodity, or tangible personal property is executed, a decision is made not to execute such
contract, or the project is no longer under active: consideration. The exemption in this
subsection includes the bid documents actually furnished in response to the request for bids.
However, the exemption for the bid documents submitted no longer applies after the bids are
opened by the customer or prospective customer.
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