Current Shareware 1994 January/SHAR194.ISO/textfile/foiast11.zip/FL2.TXT

Text File | 1993-11-01 | 62KB | 1,264 lines

COURTESY OF FATHERNET BBS [phone] PCBoard 15.0 USR-DS 16.8K
Just make 1st call *after* 8 PM Eastern because there's
immediate callback verification.
No Handles.
*******************************************************


TITLE X  PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
CHAPTER 119  PUBLIC RECORDS
Fla. Stat. @ 119.011 (1992)

119.011  Definitions

   For the purpose of this chapter:

   (1) "Public records" means all documents, papers, letters, maps,
books, tapes, photographs, films, sound recordings or other
material, regardless of physical form or characteristics, made or
received pursuant to law or
ordinance or in connection with the transaction of official
business by any agency.

   (2) "Agency" means any state, county, district, authority, or
municipal officer, department, division, board, bureau, commission,
or other separate unit of government created or established by law
and any other public or private agency, person, partnership,
corporation, or business entity acting on behalf of any public
agency.

   (3)(a) "Criminal intelligence information" means information
with respect to  an identifiable person or group of persons
collected by a criminal justice agency in an effort to anticipate,
prevent, or monitor possible criminal activity.

   (b) "Criminal investigative information" means information with
respect to an identifiable person or group of persons compiled by
a criminal justice agency in the course of conducting a criminal
investigation of a specific act or omission, including, but not
limited to, information derived from laboratory tests, reports of
investigators or informants, or any type of surveillance.

   (c) "Criminal intelligence information" and "criminal
investigative information" shall not include:

   1.  The time, date, location, and nature of a reported crime.

   2.  The name, sex, age, and address of a person arrested or of
the victim of  a crime except as provided in s. 119.07(3)(h).

   3.  The time, date, and location of the incident and of the
arrest.

   4.  The crime charged.

   5.  Documents given or required by law or agency rule to be
given to the person arrested, except as provided in s.
119.07(3)(h), and, except that the court in a criminal case may
order that certain information required by law or agency rule to be
given to the person arrested be maintained in a confidential manner
and exempt from the provisions of s. 119.07(1) until released at
trial if it is found that the release of such information would:

   a.  Be defamatory to the good name of a victim or witness or
would jeopardize the safety of such victim or witness; and

   b.  Impair the ability of a state attorney to locate or
prosecute a codefendant.

The exemptions in this subparagraph are subject to the Open
Government Sunset Review Act in accordance with s. 119.14.

   6.  Informations and indictments except as provided in s. 905.26.

     (d) The word "active" shall have the following meaning:

   1.  Criminal intelligence information shall be considered
"active" as long as it is related to intelligence gathering
conducted with a reasonable, good faith  belief that it will lead
to detection of ongoing or reasonably anticipated criminal
activities.

   2.  Criminal investigative information shall be considered
"active" as long as it is related to an ongoing investigation which
is continuing with a reasonable, good faith anticipation of
securing an arrest or prosecution in the  foreseeable future.   In
addition, criminal intelligence and criminal investigative
information shall  be considered "active" while such information is
directly related to pending prosecutions or appeals.  The word
"active" shall not apply to information in cases which are barred
from prosecution under the provisions of s. 775.15 or other statute
of limitation.

                          Fla. Stat. @ 119.011 (1992)


   (4) "Criminal justice agency" means any law enforcement agency,
court, or prosecutor.  The term also includes any other agency
charged by law with criminal law enforcement duties, or any agency
having custody of criminal intelligence information or criminal
investigative information for the purpose of assisting such law
enforcement agencies in the conduct of active criminal
investigation or prosecution or for the purpose of litigating civil
actions under the Racketeer Influenced and Corrupt Organization
Act, during the time that such agencies are in possession of
criminal intelligence information or criminal investigative
information pursuant to their criminal law enforcement duties.

HISTORY:  s. 1, ch. 67-125; s. 2, ch. 73-98; s. 3, ch. 75-225; ss.
1, 2, ch. 79-187; s. 8, ch. 85-53; s. 1, ch. 88-188.

        Fla. Stat. @ 119.0115 (1992)

119.0115  Videotapes and video signals; exemption from chapter

   Any videotape or video signal which, 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 this chapter.

HISTORY:  s. 1, ch. 80-1.


                          Fla. Stat. @ 119.012 (1992)

119.012  Records made public by public fund use

   If public funds are expended by an agency defined in s.
119.011(2) in payment of dues or membership contributions to any
person, corporation, foundation, trust, association, group, or
other organization, then all the financial, business and membership
records pertaining to the public agency from which or on whose
behalf the payments are made, of the person, corporation,
foundation, trust, association, group, or organization to whom such
payments are made shall be public records and subject to the
provisions of s. 119.07.

HISTORY:  s. 3, ch. 75-225.
                           Fla. Stat. @ 119.02 (1992)

119.02  Penalty

   A public officer who knowingly violates the provisions of s.
119.07(1) is subject to suspension and removal or impeachment and,
in addition, is guilty of  a misdemeanor of the first degree,
punishable as provided in s. 775.082 or s. 775.083.

HISTORY:  s. 2, ch. 5942, 1909; RGS 425; CGL 491; s. 1, ch. 17173,
1935; CGL 1936 Supp. 7520(6); s. 73, ch. 71-136; s. 6, ch. 75-225;
s. 4, ch. 84-298.

119.021  Custodian designated

   The elected or appointed state, county, or municipal officer
charged with the responsibility of maintaining the office having
public records, or his designee, shall be the custodian thereof.

HISTORY:  s. 2, ch. 67-125; s. 3, ch. 83-286.


119.031  Keeping records in safe places; copying or repairing
certified copies

   Insofar as practicable, custodians of vital, permanent, or
archival records shall keep them in fireproof and waterproof safes,
vaults, or rooms fitted with  noncombustible materials and in such
arrangement as to be easily accessible for  convenient use.  All
public records should be kept in the buildings in which they are
ordinarily used.  Record books should be copied or repaired,
renovated, or rebound if worn, mutilated, damaged, or difficult to
read.  Whenever any state, county, or municipal records are in need
of repair, restoration, or rebinding, the head of such state
agency, department, board, or commission, the  board of county
commissioners of such county, 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 be copied shall
attest it and certify on oath that it is an accurate copy of the
original book.  The copy shall then have the force and effect of
the original.

HISTORY:  s. 3, ch. 67-125; s. 4, ch. 83-286.

                          Fla. Stat. @ 119.041 (1992)

n1 119.041  Destruction of records regulated

   Every public official shall systematically dispose of records no
longer needed subject to the consent of the records and information
management program  of the Division of Library and Information
Services of the Department of State in accordance with s. 257.36.

HISTORY:  s. 4, ch. 67-125; ss. 10, 35, ch. 69-106; s. 5, ch.
83-286; s. 5, ch.  86-163; s. 1, ch. 91-30; s. 1, ch. 91-191.


 NOTES:    n1 Sections 11 and 12, ch. 91-30, as amended by s. 1,
ch. 91-191, provide for the applicability of the amendment to s.
119.041 by s. 1, ch. 91-30, effective March 1, 1992.  On that date
the section will read:

   119.041 Destruction of records regulated. --

   (1) Every public official shall systematically dispose of
records no longer needed, subject to the consent of the records and
information management program of the Division of Library and
Information Services of the Department of State in accordance with
s. 257.36.

   (2) Agency orders that comprise final agency action and that
must be indexed  or listed pursuant to s. 120.53(2) 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 and guidelines of the Department of State.


-------------------------------------------------------------------------------

                             FLORIDA STATUTES 1992

  *** THIS DOCUMENT IS CURRENT THROUGH THE 1992 SUPPLEMENT (1991
SESSIONS) ***

               TITLE X  PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
                         CHAPTER 119  PUBLIC RECORDS

                           Fla. Stat. @ 119.05 (1992)

119.05  Disposition of records at end of official's term

   Whoever has the custody of any public records shall, at the
expiration of his term of office, deliver to his successor or, if
there be none, to the records and information management program of
the Division of Library and Information Services of the Department
of State all records, books, writings, letters, and documents kept
or received by him in the transaction of his official business.

HISTORY:  s. 5, ch. 67-125; ss. 10, 35, ch. 69-106; s. 6, ch.
86-163.

                    Fla. Stat. @ 119.06 (1992)

119.06  Demanding custody

   Whoever is entitled to the custody of public records shall
demand them from any person having illegal possession of them, who
shall forthwith deliver the same to him.  Any person unlawfully
possessing public records shall upon demand  of any person and
within 10 days deliver such records to their lawful custodian
unless just cause exists for failing to deliver such records.

HISTORY:  s. 6, ch. 67-125.
Fla. Stat. @ 119.07 (1992)

119.07 Inspection and examination of records; exemptions.

   (1)(a)   Every person who has custody of a public record shall
permit the record to be inspected and examined by any person
desiring to do so, at any reasonable time, under reasonable
conditions, and under supervision by the custodian of the public
record or his designee. The custodian shall furnish a copy or a
certified copy of the record upon payment of the fee prescribed by
law or, if a fee is not prescribed by law, for duplicated copies of
not more than 14 inches by 8 1/2 inches, upon payment of not more
than 15 cents per one-sided copy, and for all other copies, upon
payment of the actual cost of duplication of the record. An agency
may charge no more than an additional 5 cents for each  two-sided
duplicated copy. For purposes of this section, duplicated copies
shall mean new copies produced by duplicating, as defined in s.
283.30. The phrase "actual cost of duplication" means the cost of
the material and supplies used to duplicate the record, but it does
not include the labor cost or overhead cost associated with such
duplication. However, 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. Unless otherwise provided by
law, the fees to be charged for duplication of public records shall
be collected, deposited, and accounted for in the manner prescribed
for other operating funds of the agency. An agency may  charge up
to $ 1 per copy for a certified copy of a public record.

   (b)   If the nature or volume of public records requested to be
inspected, examined, 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 on the cost incurred for
such extensive use of information technology resources or the labor
cost of the personnel providing the service that is actually
incurred by the agency or attributable to the agency for the
clerical and supervisory assistance required, or both. "Information
technology resources" shall have the same meaning as in s.
282.303(13).

   (c)   When ballots are produced under this section for
inspection or examination, no persons other than the supervisor of
elections or his employees  shall touch the ballots. The supervisor
of elections shall make a reasonable effort to notify all
candidates by telephone or otherwise 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.

   (2)(a)   A person who has custody of a public record and who
asserts that an  exemption provided in subsection (3) or in a
general or special law applies to a particular public record or
part of such record shall delete or excise from
the record only that portion of the record with respect to which an
exemption has been asserted and validly applies, and such person
shall produce the remainder of such record for inspection and
examination. If the person who has custody of a public record
contends that the record or part of it is exempt from inspection
and examination, he shall state the basis of the exemption which he
contends is applicable to the record, including the statutory
citation to an exemption created or afforded by statute, and, if
requested by the person seeking the right under this subsection to
inspect, examine, or copy the record, he shall state in writing and
with particularity the reasons for his conclusion  that the record
is exempt.

   (b)   In any civil action in which an exemption to subsection
(1) is asserted, if the exemption is alleged to exist under or by
virtue of paragraph (e), paragraph (f), paragraph (g), paragraph
(m), paragraph (n), or paragraph (q) of subsection (3), the public
record or part thereof in question shall be submitted to the court
for an inspection in camera. If an exemption is alleged to exist
under or by virtue of paragraph (d) of subsection (3), an
inspection in camera will be 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, examination, or copying as
requested by the person seeking such access.

   (c)   Even if an assertion is made by the custodian of a public
record that a requested record is not a public record subject to
public inspection and examination under subsection (1), the
requested record shall, nevertheless, not  be disposed of for a
period of 30 days after the date on which a written request
requesting the right to inspect, examine, or copy the record was
served on or otherwise made to the custodian of the record by the
person seeking access to the record. If a civil action is
instituted within the 30-day period to enforce  the provisions of
this section with respect to the requested record, the custodian
shall not dispose of the record except by order of a court of
competent jurisdiction after notice to all affected parties.

   (d)   The absence of a civil action instituted for the purpose
stated in paragraph (c) will not relieve the custodian of his duty
to maintain the record  as a public record if the record is in fact
a public record subject to public inspection and examination under
subsection (1) and will not otherwise excuse or exonerate the
custodian from any unauthorized or unlawful disposition of such
record.

   (3)(a)   All public records which are presently provided by law
to be confidential or which are prohibited from being inspected by
the public, whether by general or special law, are exempt from the
provisions of subsection (1).

   (b)   All public records referred to in n1 s. 624.319(3) and
(4), are exempt  from the provisions of subsection (1).

   (c)   Examination questions and answer sheets of examinations
administered by a governmental agency for the purpose of licensure,
certification, or employment are exempt from the provisions of
subsection (1). A person who has taken such an examination shall
have the right to review his own completed examination.

   (d)   Active criminal intelligence information and active
criminal investigative information are exempt from the provisions
of subsection (1).

   (e)   Any information revealing the identity of a confidential
informant or a confidential source is exempt from the provisions of
subsection (1).

   (f)   Any information revealing surveillance techniques or
procedures or personnel is exempt from the provisions of subsection
(1). Notwithstanding s. 119.14, any comprehensive inventory of
state and local law enforcement resources compiled pursuant to part
I, 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. 252.34(2), are exempt from the
provisions of subsection (1) and unavailable for inspection, except
by personnel authorized by a state or local
law enforcement agency, the office of the Governor, the Department
of Legal Affairs, the Department of Law Enforcement, or the
Department of Community Affairs as having an official need for
access to the inventory or comprehensive  policies or plans. This
exemption is subject to the Open Government Sunset Review Act in
accordance with s. 119.14.

   (g)   Any information revealing undercover personnel of any
criminal justice  agency is exempt from the provisions of
subsection (1).

   (h)   Any criminal intelligence 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 the crime of lewd, lascivious, or
indecent assault upon or in the presence of a child, 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, 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 the provisions of subsection (1).

   (i)   Any criminal intelligence information or criminal
investigative information which reveals the personal assets of the
victim of a crime, other than property stolen or destroyed during
the commission of the crime, is exempt  from the provisions of
subsection (1).

   (j)   All criminal intelligence and criminal investigative
information received by a criminal justice agency prior to January
25, 1979, is exempt from  the provisions of subsection (1).

   (k)   The home addresses, telephone numbers, and photographs of
active or former law enforcement personnel and personnel of the
Department of Health and Rehabilitative Services whose duties
include the investigation of abuse, neglect, exploitation, fraud,
theft, or other criminal activities; the home addresses, telephone
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 the provisions of subsection (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 subsection (1). The
home addresses and telephone numbers of
justices of the Supreme Court, district court of appeal judges,
circuit 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  of
justices and judges are exempt from the provisions of subsection
(1). These exemptions are subject to the Open Government Sunset
Review Act in accordance with s. 119.14.

   (l)   Any information provided to an agency of state government
or to an agency of a political subdivision of the state for the
purpose of forming ridesharing arrangements, which information
reveals the identity of an individual who has provided his name for
ridesharing, as defined in s. 341.031,  is exempt from the
provisions of subsection (1).

   (m)   Any information revealing the substance of a confession of
a person arrested is exempt from the provisions of subsection (1),
until such time as the criminal case is finally determined by
adjudication, dismissal, or other final disposition.

   (n)   A public record which was prepared by an 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, which reflects a mental impression, conclusion,
litigation strategy, or legal theory of the attorney or the agency,
and which was prepared exclusively for civil or criminal litigation
or for adversarial administrative proceedings, or which was
prepared in anticipation of imminent civil or criminal litigation
or imminent adversarial administrative proceedings, is exempt from
the provisions of subsection (1) until the conclusion of the
litigation or adversarial administrative proceedings. 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
attorney's fees and costs in addition to any other remedy  ordered
by the court.

   (o)   Sealed bids or proposals received by an agency pursuant to
invitations  to bid or requests for proposals are exempt from the
provisions of subsection (1) until such time as the agency provides
notice of a decision or intended decision pursuant to s.
120.53(5)(a) or within 10 days after bid or proposal opening,
whichever is earlier.

   (p)   In any case in which an agency of the executive branch of
state government seeks to acquire real property by purchase or
through the exercise of the power of eminent domain all appraisals,
other reports relating to value, offers, and counteroffers must be
in writing and are exempt from the provisions  of s. 119.01 and
subsection (1) until execution of a valid option contract or a
written offer to sell which has been conditionally accepted by the
agency, at which time the exemption shall expire. The agency shall
not finally accept the offer for a period of 30 days in order to
allow public review of the transaction. The agency may give
conditional acceptance to any option or offer subject only to final
acceptance by the agency after the 30-day review period. If a valid
option contract is not executed, or if a written offer to sell is
not conditionally accepted by the agency, then the exemption from
the provisions of  this chapter shall expire at the conclusion of
the condemnation litigation of the subject property. An agency of
the executive branch may exempt title information, including names
and addresses of property owners whose property is  subject to
acquisition by purchase or through the exercise of the power of
eminent domain, from the provisions of s. 119.01 and subsection (1)
to the same  extent as appraisals, other reports relating to value,
offers, and counteroffers. This exemption is subject to the Open
Government Sunset Review Act in accordance with s. 119.14. Nothing
in this section shall be construed to  provide an exemption from or
exception to s. 286.011. For the purpose of this paragraph "option
contract" means an agreement of an agency of the executive
branch of state government to purchase real property subject to
final agency approval. This paragraph shall have no application to
other exemptions from the  requirements of s. 119.01 or subsection
(1) which are contained in other provisions of law and shall not be
construed to be an express or implied repeal  thereof.

   (q)   Data processing software obtained by an agency under a
licensing agreement which prohibits its disclosure and which
software is a trade secret, as defined in s. 812.081, and
agency-produced data processing software which is  sensitive are
exempt from the provisions of subsection (1). The designation of
agency-produced software as sensitive shall not prohibit an agency
head from sharing or exchanging such software with another public
agency. As used in this  paragraph:

   1.   "Data processing software" has the same meaning as in s.
282.303(8).

   2.   "Sensitive" means only those portions of data processing
software, including the specifications and documentation, used to:

   a.   Collect, process, store, and retrieve information which is
exempt from the provisions of subsection (1);

   b.   Collect, process, store, and retrieve financial management
information of the agency, such as payroll and accounting records;
or

   c.   Control and direct access authorizations and security
measures for automated systems.

   (r)   A patient record obtained by the Department of Health and
Rehabilitative Services pursuant to s. 641.27 from a health
maintenance organization or from a provider of a health maintenance
organization as to subscribers treated by the provider pursuant to
a provider contract with a health maintenance organization, which
record contains the name, the residential or business address, the
telephone, social security, or other identifying number, or a
photograph of any subscriber or of the spouse, relative, or
guardian of the subscriber, or which record is patient-specific or
otherwise identifies the patient, either directly or indirectly, is
exempt from the provisions of subsection (1).

   (s)   A report obtained by the Department of Insurance from a
health maintenance organization pursuant to s. 641.311, to the
extent that such report  contains the name, the residential or
business address, the telephone, social security, or other
identifying number, or a photograph of any subscriber or of the
spouse, relative, or guardian of the subscriber, or other
subscriber-identifying information, is exempt from the provisions
of subsection  (1).

   (t)   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
shall be exempt from the provisions of subsection (1) 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 which 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,
notwithstanding the provisions of this section. This  paragraph
shall not be construed to modify or repeal any special or local
act. This exemption is subject to the Open Government Sunset Review
Act in accordance with s. 119.14.

   (u)   All complaints and other records in the custody of any
agency in the executive branch of state government which relate to
a complaint of discrimination relating to race, color, religion,
sex, national origin, age,
handicap, or marital status in connection with hiring practices,
position classifications, salary, benefits, discipline, discharge,
employee performance,  evaluation, or other related activities
shall be exempt from the provisions of subsection (1) 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 which 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,
notwithstanding the provisions of this section. This exemption is
subject to the Open Government Sunset Review Act in accordance with
s. 119.14.

   (v)   A patient record obtained by the Department of Health and
Rehabilitative Services or its agent pursuant to s. 395.404, which
record contains the name, residence or business address, telephone
number, social security or other identifying number, or photograph
of any person or the spouse, relative, or guardian of such person
or which record is patient-specific or otherwise identifies the
patient, either directly or indirectly, is exempt from  the
provisions of subsection (1).

   (w)   All records supplied by a telecommunications company to a
state or local governmental agency which contain the name, address,
and telephone number  of subscribers are exempt from the provisions
of subsection (1).

   (x)   All information relating to the medical condition or
medical status of  employees of the state or of a water management
district, which is not relevant  to the employee's capacity to
perform his duties, is exempt from the provisions  of subsection
(1). Information which is exempt shall include, but is not limited
to, information relating to workers' compensation, insurance
benefits, and retirement or disability benefits. All information
which is exempt from subsection (1) pursuant to this paragraph
shall be maintained separately from nonexempt employment
information.

   (y)   The records of a medical review committee created pursuant
to s. 766.101 or former s. 768.40 by the Department of Corrections
or the Correctional Medical Authority, or both, are exempt from the
provisions of subsection (1). This exemption is subject to the Open
Government Sunset Review Act in accordance with s. 119.14.

   n2 (z)   Any document which 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 from the provisions
of subsection (1). Any state or federal agency which is authorized
to have access to such documents by any provision of law shall be
granted such access in the furtherance of such agency's statutory
duties, notwithstanding the provisions of this section. This
exemption is subject to the Open Government Sunset Review Act in
accordance with s. 119.14.

   (aa)   Any financial statement which an agency requires a
prospective bidder  to submit in order to prequalify for bidding or
for responding to a proposal for a road or any other public works
project is confidential and exempt from the provisions of
subsection (1). This exemption is subject to the Open Government
Sunset Review Act in accordance with s. 119.14.

   (4)   Nothing in this section shall be construed to exempt from
subsection (1) a public record which was made a part of a court
file and which is not specifically closed by order of court, except
as provided in paragraphs (e), (f), (g), (m), (n), and (q) of
subsection (3) and except information or records  which may reveal
the identity of a person who is a victim of a sexual offense as
provided in paragraph (h) of subsection (3).

   (5)   An exemption from this section does not imply an exemption
from or exception to s. 286.011. The exemption from or exception to
s. 286.011 must be expressly provided.

   (6)   Nothing in subsection (3) or any other general or special
law shall limit the access of the Auditor General or any state,
county, municipal, university, board of community college, school
district, or special district internal auditor to public records
when such auditor states in writing that such records are needed
for a properly authorized audit or investigation. Such auditor
shall maintain the confidentiality of any public records that are
confidential or exempt from the provisions of subsection (1) and
shall be subject to the same penalties as the custodians of those
public records for violating confidentiality.

   (7)(a)   Notwithstanding the provisions of paragraph (3)(a), any
person or organization, including the Department of Health and
Rehabilitative Services, may petition the court for an order making
public the records of the Department  of Health and Rehabilitative
Services that pertain to investigations of alleged  adult or child
abuse, neglect, abandonment, or exploitation. The court shall
determine if good cause exists for public access to the records
sought or a portion thereof. In making this determination, the
court shall balance the best  interest of the adult or child who is
the focus of the investigation, and in
the case of the child, the interest of that child's siblings,
together with the  privacy right of other persons identified in the
reports against the public interest. The public interest in access
to such records is reflected in s. 119.01(1), and includes the need
for citizens to know of and adequately evaluate the actions of the
Department of Health and Rehabilitative Services and the court
system in providing aged persons, disabled adults, and children of
this state with the protections enumerated in ss. 415.101 and
415.502. However, nothing in this subsection shall contravene the
provisions of s. 415.51(9), which protect the name of any person
reporting adult or child abuse, neglect, or exploitation.

   (b)1.   In cases involving the death of an aged person or
disabled adult as the result of abuse, neglect, or exploitation,
there shall be a presumption that the best interest of the aged
person or disabled adult and the public interest will be served by
full public disclosure of the circumstances of the investigation of
the death and any other investigation concerning the aged person or
disabled adult.

   2.   In cases involving the death of a child as the result of
abuse, neglect, or abandonment, there shall be a presumption that
the best interest of the child and the child's siblings and the
public interest will be served by full public disclosure of the
circumstances of the investigation of the death of the child
and any other investigation concerning the child and the child's
siblings.

   (c)   When the court determines that good cause for public
access exists, the court shall direct that the department redact
the name of and other identifying  information with respect to any
person identified in any unfounded report or proposed confirmed
report or report closed without classification, or in any report
which has not yet been classified pursuant to s. 415.103(3) or s.
415.504(4), until such time as the court finds that there is
probable cause to believe that the person identified committed an
act of alleged abuse, neglect, or abandonment.

   (8)   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.

HISTORY:   s. 7, ch. 67-125; s. 4, ch. 75-225; s. 2, ch. 77-60; s.
2, ch. 77-75; s. 2, ch. 77-94; s. 2, ch. 77-156; s. 2, ch. 78-81;
ss. 2, 4, 6, ch. 79-187; s.  2, ch. 80-273; s. 1, ch. 81-245; s. 1,
ch. 82-95; s. 36, ch. 82-243; s. 6, ch. 83-215; s. 2, ch. 83-269;
s. 1, ch. 83-286; s. 5, ch. 84-298; s. 1, ch. 85-18; s. 1, ch.
85-45; s. 1, ch. 85-73; s. 1, ch. 85-86; s. 7, ch. 85-152; s. 1,
ch. 85-177; s. 4, ch. 85-301; s. 2, ch. 86-11; s. 1, ch. 86-21; s.
1, ch. 86-109;

s. 2, ch. 87-399; s. 2, ch. 88-188; s. 1, ch. 88-384; s. 1, ch.
89-29; s. 7, ch. 89-55; s. 1, ch. 89-80; s. 1, ch. 89-275; s. 2,
ch. 89-283; s. 2, ch. 89-350; s. 1, ch. 89-531; s. 1, ch. 90-43; s.
63, ch. 90-136; s. 2, ch. 90-196; s. 4, ch. 90-211; s. 24, ch.
90-306; ss. 22, 26, ch. 90-344; s. 116, ch. 90-360; s. 78, ch.
91-45; s. 11, ch. 91-57; s. 1, ch. 91-71; s. 1, ch. 91-96; s. 1,
ch. 91-130; s. 1, ch. 91-149; s. 1, ch. 91-219; s. 1, ch. 91-288;
ss. 43, 45, ch. 92-58; s.  90, ch. 92-152; s. 59, ch. 92-289; s.
217, ch. 92-303.

 NOTES:

    n1 As published in s. 217, ch. 92-303. House Amendment 4 to
S.B. 210-H, which became ch. 92-303, contains uncoded changes to
the text (see Journal of the House of Representatives, H-session,
p. 404). The statutory provisions referenced, s. 624.319(3) and
(4), replaced references to "ss. 110.1091, 199.222, 228.093,
257.261, 288.075, 624.319(3) and (4), and 655.057(1)(b), (3),  and
(4)."

    n2 As created by s. 4, ch. 90-211, applicable to offenses
committed on or after October 1, 1990.
Fla. Stat. @ 119.07 (1992)

    Additional exemptions from the application of this section are
indexed in Volume 5 of this edition in the General Index under the
heading "Public Records."
                             FLORIDA STATUTES 1992

*** THIS DOCUMENT IS CURRENT THROUGH THE 1992 SUPPLEMENT (1991
SESSIONS) ***

               TITLE X  PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
                         CHAPTER 119  PUBLIC RECORDS

                          Fla. Stat. @ 119.072 (1992)

119.072  Criminal intelligence or investigative information
obtained from out-of-state agencies

   Whenever criminal intelligence information or criminal
investigative information held by a non-Florida criminal justice
agency is available to a Florida criminal justice agency 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 agency.

HISTORY:  s. 3, ch. 79-187.

Fla. Stat. @ 119.08 (1992)

119.08  Photographing public records

   (1)(a) In all cases where the public or any person interested
has a right to  inspect or take extracts or make copies from any
public record, instruments or documents, any person shall hereafter
have the right of access to said records,  documents or instruments
for the purpose of making photographs of the same while in the
possession, custody and control of the lawful custodian thereof, or
his authorized deputy.

   (b) This section applies to the making of photographs in the
conventional sense by utilization of a camera device to capture
images of documents, paper,
books, receipts, paper photographs, and other similar media and
excludes the 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.

   (2) Such work shall be done under the supervision of the lawful
custodian of  the said records, who shall have the right to adopt
and enforce reasonable rules governing the said work.  Said work
shall, where possible, be done in the room where the said records,
documents or instruments are by law kept, but if the same in the
judgment of the lawful custodian of the said records, documents or
instruments be impossible or impracticable, then the said work
shall be done in  such other room or place as nearly adjacent to
the room where the said records,  documents and instruments are
kept as determined by the lawful custodian thereof.

   (3) Where the providing of another room or place is necessary,
the expense of providing the same shall be paid by the person
desiring to photograph the said records, instruments or documents.
While the said work hereinbefore mentioned is in progress, the
lawful custodian of said records may charge the person desiring to
make the said photographs for the services of a deputy of the
lawful custodian of said records, documents or instruments to
supervise the same, or for the services of the said lawful
custodian of the same in so doing at a rate  of compensation to be
agreed upon by the person desiring to make the said
photographs and the custodian of the said records, documents or
instruments, or  in case the same fail to agree as to the said
charge, then by the lawful custodian thereof.

HISTORY:  s. 8, ch. 67-125; s. 1, ch. 89-57.


                             FLORIDA STATUTES 1992

  *** THIS DOCUMENT IS CURRENT THROUGH THE 1992 SUPPLEMENT (1991
SESSIONS) ***

               TITLE X  PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
                         CHAPTER 119  PUBLIC RECORDS

                          Fla. Stat. @ 119.083 (1992)
n1 119.083  Copyright of data processing software created by
governmental agencies

   (1) As used in this section:

   (a) "Agency" has the same meaning as in s. 119.011(2), except
that the term does not include any private agency, person,
partnership, corporation, or business entity.

                          Fla. Stat. @ 119.083 (1992)


   (b) "Data processing software" has the same meaning as in s.
282.303(6).

   (2) Any agency is authorized to hold copyrights for data
processing software  created by the agency and to enforce its
rights pertaining to such copyrights, provided that the agency
complies with the requirements of this section.

   (3) Any agency that has obtained a copyright for data processing
software created by the agency may sell or license the copyrighted
data processing software to any other public or private entity and
may establish a license fee for the use of such data processing
software.  Proceeds from the sale or licensing of copyrighted data
processing software may be deposited by a state agency into an
agency trust fund.  Counties, municipalities, and other political
subdivisions of the state may designate how such sale and licensing
proceeds are to be used.  Prices or fees for the sale or licensing
of copyrighted data processing software may be based on market
considerations.  However, the prices  or fees for the sale or
licensing of copyrighted data processing software to an  individual
or entity solely for application to data or information maintained
or generated by the agency that created the copyrighted data
processing software shall be determined pursuant to s. 119.07(1).

   (4) The provisions of this section are supplemental to, and
shall not supplant or repeal, any other provision of law that
authorizes an agency to hold or obtain copyrights.

HISTORY:  ss. 1, 2, ch. 90-237.

 NOTES:    n1 Expires October 1, 2000, pursuant to s. 2, ch.
90-237, and is scheduled for review by the Legislature.


                             FLORIDA STATUTES 1992

  *** THIS DOCUMENT IS CURRENT THROUGH THE 1992 SUPPLEMENT (1991
SESSIONS) ***

               TITLE X  PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
                         CHAPTER 119  PUBLIC RECORDS

                          Fla. Stat. @ 119.085 (1992)

119.085  Remote electronic access to public records

   As an additional means of inspecting, examining, and copying
public records of the executive branch, judicial branch, or any
political subdivision of the state, public records custodians may
provide access to the records by remote electronic means.  The
custodian shall charge a fee for remote electronic access, granted
under a contractual arrangement with a user, which fee shall
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 s. 119.07(1).  The
custodian shall provide safeguards to protect 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 by general or special law are
exempt from s. 119.07(1).

HISTORY:  s. 2, ch. 85-86; s. 1, ch. 90-94.

                           Fla. Stat. @ 119.09 (1992)

119.09  Assistance of the Division of Library and Information
Services, records  and information management program, of the
Department of State

   The Division of Library and Information Services, records and
information management program, of the Department of State shall
have the right to examine into the condition of public records and
shall give advice and assistance to public officials in the
solution of their problems of preserving, creating, filing, and
making available the 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 for 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)  make space available in its records
center for the filing of semicurrent records so scheduled and in
its archives for noncurrent records of permanent value and shall
render such other assistance as needed, including the microfilming
of records so scheduled.

HISTORY:  s. 9, ch. 67-125; ss. 10, 35, ch. 69-106; s. 6, ch.
83-286; s. 7, ch.  86-163.


                         Fla. Stat. @ 119.092 (1992)

119.092  Registration by federal employer's registration number

   Each state agency which registers or licenses corporations,
partnerships, or  other business entities shall include, by July 1,
1978, within its numbering system, the federal employer's
identification number of each corporation, partnership, or other
business entity registered or licensed by it.  Any state agency may
maintain a dual numbering system in which the federal employer's
identification number or the state agency's own number is the
primary identification number; however, the records of such state
agency shall be designed in such a way that the record of any
business entity is subject to direct location by the federal
employer's identification number.  The
Department of State shall keep a registry of federal employer's
identification numbers of all business entities, registered with
the Division of Corporations,  which registry of numbers may be
used by all state agencies.

HISTORY:  s. 1, ch. 77-148.


                          Fla. Stat. @ 119.10 (1992)

119.10  Violation of chapter; penalties

   (1) Any public officer who violates any provision of this
chapter is guilty of a noncriminal infraction, punishable by fine
not exceeding $ 500.

   (2) Any person willfully and knowingly violating any of the
provisions of this chapter is guilty of a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.

HISTORY:  s. 10, ch. 67-125; s. 74, ch. 71-136; s. 5, ch. 85-301.


                          Fla. Stat. @ 119.105 (1992)

119.105  Protection of victims of crimes or accidents

   Police reports are public records except as otherwise made
exempt or confidential by general or special law.  Every person is
allowed to examine nonexempt or nonconfidential police reports.  No
person who inspects or copies police reports for the purpose of
obtaining the names and addresses of the victims of crimes or
accidents shall use any information contained therein for any
commercial solicitation of the victims or relatives of the victims
of the reported crimes or accidents.  Nothing herein shall prohibit
the publication of  such information by any news media or the use
of such information for any other  data collection or analysis
purposes.

HISTORY:  s. 1, ch. 90-280.


                          Fla. Stat. @ 119.11 (1992)

119.11  Accelerated hearing; immediate compliance

   (1) Whenever an action is filed to enforce the provisions of
this chapter, the court shall set an immediate hearing, giving the
case priority over other pending cases.

   (2) Whenever a court orders an agency to open its records for
inspection in accordance with this chapter, the agency shall comply
with such order within 48  hours, unless otherwise provided by the
court issuing such order, or unless the  appellate court issues a
stay order within such 48-hour period.

   (3) A stay order shall not be issued unless the court determines
that there is a substantial probability that opening the records
for inspection will result in significant damage.

   (4) Upon service of a complaint, counterclaim, or cross-claim in
a civil action brought to enforce the provisions of this chapter,
the custodian of the public record that is the subject matter of
such civil action shall not transfer custody, alter, destroy, or
otherwise dispose of the public record sought to be  inspected and
examined, notwithstanding the applicability of an exemption or the
assertion that the requested record is not a public record subject
to inspection and examination under s. 119.07(1), until the court
directs otherwise.  The person who has custody of such public
record may, however, at any time permit inspection of the requested
record as provided in s. 119.07(1) and other provisions of law.

HISTORY:  s. 5, ch. 75-225; s. 2, ch. 83-214; s. 6, ch. 84-298.


                           Fla. Stat. @ 119.12 (1992)

119.12  Attorney's fees

   (1) If a civil action is filed against an agency to enforce the
provisions of this chapter and if the court determines that such
agency unlawfully refused to  permit a public record to be
inspected, examined, or copied, the court shall assess and award,
against the agency responsible, the reasonable costs of enforcement
including reasonable attorneys' fees.

   (2) Whenever an agency appeals a court order requiring it to
permit inspection of records pursuant to this chapter and such
order is affirmed, the court shall assess a reasonable attorney's
fee for the appeal against such agency.

HISTORY:  s. 5, ch. 75-225; s. 7, ch. 84-298.

                          Fla. Stat. @ 119.14 (1992)

119.14  Periodic legislative review of exemptions from public
meeting and public records requirements

   (1) This section may be cited as the "Open Government Sunset
Review Act."

   (2) This act provides for the periodic automatic application of
the policy of open government as provided in ss. 119.01 and 286.011
to certain exemptions from s. 286.011 and chapter 119.  It is the
intent of the Legislature that exemptions to s. 286.011 and chapter
119 shall be created or maintained only if:

   (a) The exempted record or meeting is of a sensitive, personal
nature concerning individuals;

   (b) The exemption is necessary for the effective and efficient
administration of a governmental program; or

   (c) The exemption affects confidential information concerning an
entity.   Thus, the maintenance or creation of an exemption must be
compelled as measured  by these criteria.  Further, the Legislature
finds that the public has a right to have access to executive
branch governmental meetings and records unless the  criteria in
this act for restricting such access to a public meeting or public
record are met and the criteria are considered during legislative
review in connection with the particular exemption to be
significant enough to override the strong public policy of open
government.  To strengthen the policy of open government, the
Legislature shall consider the criteria in this act before enacting
future exemptions.

   (3)(a) On the dates specified in this subsection with respect to
the chapters of law included in the titles of the Florida Statutes
specified in this subsection, the provisions of ss. 119.01,
119.07(1), and 286.011 shall fully apply, notwithstanding any
provisions in such chapters of law included in the
titles of the Florida Statutes to the contrary, unless the
application of this subsection to such chapters of law has been
modified by subsequent law passed by the Legislature.  The repeal
dates and titles of the Florida Statutes are as follows:

   1.  October 1, 1986, and at the end of each 10-year period
thereafter, with respect to chapters of law included in titles I
through V.

   2.  October 1, 1987, and at the end of each 10-year period
thereafter, with respect to chapters of law included in titles VI
through XI, except chapter 119  and ss. 106.24, 106.25, 106.26,
106.27, 112.320, 112.321, 112.322, and 112.324.

   3.  October 1, 1988, and at the end of each 10-year period
thereafter, with respect to chapters of law included in titles XII
through XVI.

   4.  October 1, 1989, and at the end of each 10-year period
thereafter, with respect to chapters of law included in titles XVII
through XXVIII.

   5.  October 1, 1990, and at the end of each 10-year period
thereafter, with respect to chapters of law included in title XXIX.

   6.  October 1, 1991, and at the end of each 10-year period
thereafter, with respect to chapters of law included in titles XXX
through XXXII.

   7.  October 1, 1992, and at the end of each 10-year period
thereafter, with respect to chapters of law included in titles
XXXIII through XXXVI and title XXXVIII.

   8.  October 1, 1993, and at the end of each 10-year period
thereafter, with respect to chapters of law included in title
XXXVII.

   9.  October 1, 1994, and at the end of each 10-year period
thereafter, with respect to chapters of law included in titles
XXXIX through XLVII.

   10.  October 1, 1995, and at the end of each 10-year period
thereafter, with  respect to:

   a.  Each exemption in chapter 119 which has not been reviewed in
prior years  because such exemption was not contained in those
titles or because the exemption is generic in character and
language and consequently applies to records created, maintained,
or stored, by substantive language in two or more such titles; and

   b.  Each exemption which is identified as being in two or more
titles of the  Florida Statutes by the Division of Statutory
Revision.

   (b) In the year prior to the repeal of an exemption pursuant to
this section, the Division of Statutory Revision of the Joint
Legislative Management Committee shall certify to the President of
the Senate and the Speaker of the House of Representatives, by
December 1, 1985, and by August 1 of each subsequent year, the
language and statutory citation of each exemption scheduled for
repeal the following year which meets the criteria of an exemption
as defined in this act.  Any exemption which is not identified and
certified to the President of the Senate and the Speaker of the
House of Representatives shall not be subject to legislative review
and repeal under this act.  If the division fails to certify  an
exemption which it subsequently determines should have been
certified, it shall include such exemption in the following year's
certification after such determination.

   (c) An "exemption" is defined as a provision of the Florida
Statutes which creates an exception to s. 119.01, s. 119.07(1), or
s. 286.011 and which applies to the executive branch of state
government or to local government, but shall not include any
provision of a special or local law.

   (d) No exemption which is required by federal law shall be
subject to repeal.

   (4)(a) The Legislature shall conduct a review of the exemption
prior to its scheduled repeal and shall consider as part of the
review process the following:

   1.  What specific records or meetings are affected by the
exemption?

   2.  Whom does the exemption uniquely affect, as opposed to the
general public?

   3.  What is the identifiable public purpose or goal of the
exemption?

   4.  Can the information contained in the records or discussed in
the meeting  be readily obtained by alternative means?  If so, how?

   (b) An exemption may be created or maintained only if it serves
an identifiable public purpose and may be no broader than is
necessary to meet the  public purpose it serves.  An identifiable
public purpose is served when the exemption meets one of the
following purposes and the Legislature finds that such purpose is
sufficiently compelling to override the strong public policy of
open government and cannot be accomplished without the exemption:

   1.  Allows the state or its political subdivisions to
effectively and efficiently administer a governmental program,
which administration would be significantly impaired without the
exemption;

   2.  Protects information of a sensitive personal nature
concerning individuals, the release of which information would be
defamatory to such individuals or cause unwarranted damage to the
good name or reputation of such individuals or would jeopardize the
safety of such individuals.  However, in exemptions under this
subparagraph, only information that would identify the individuals
may be exempted; or

   3.  Protects information of a confidential nature concerning
entities, including, but not limited to, a formula, pattern,
device, combination of devices, or compilation of information which
is used to protect or further a business advantage over those who
do not know or use it, the disclosure of which information would
injure the affected entity in the marketplace.

   (c) No records made prior to the date of a repeal of an
exemption under this  act shall be made public unless otherwise
provided by law.  In deciding whether  such records shall be made
public the Legislature shall consider whether the damage or loss to
persons or entities uniquely affected by the exemption of the  type
specified in subparagraph (b)2. or subparagraph (b)3. would occur
if the records were made public.

   (d) Legislation which creates an exemption which is scheduled
for repeal in the year it is enacted or the year following
enactment shall not be subject to this act until the next review
cycle for that title.

   (e) An exemption that is created or revived and reenacted shall
contain uniform language which clearly states the section in the
Florida Statutes from which it is exempt, chapter 119 or s.
286.011.  The uniform language shall also  provide for the maximum
public access to the meetings and records as is consistent with the
purpose of the exemption.  Each exemption shall also contain the
statement: "This exemption is subject to the 'Open Government
Sunset Review  Act' in accordance with s. 119.14."

   (f) In the year prior to the 1995 regular session, the
Legislature shall consider the necessity of conducting further
reviews of exemptions.

   (g) Notwithstanding the provision of s. 768.28 or any other law,
neither the  state or its political subdivisions nor any other
public body shall be made party to any suit in any court or incur
any liability for the repeal or revival  and reenactment of any
exemption pursuant to this act.  The failure of the Legislature to
comply strictly with this section shall not invalidate an
otherwise valid reenactment.

HISTORY:  s. 8, ch. 84-298; s. 1, ch. 85-301; s. 2, ch. 91-219.

                          Fla. Stat. @ 119.16 (1992)

119.16  Confidentiality of public hospital records and meetings

   (1) All meetings of a governing board of a public hospital, as
well as all records, books, documents, and papers, shall be open
and available to the public in accordance with chapter 119 and s.