State Statute Chapter 119 (Public Records)Statutes & Constitution :View Statutes : flsenate.gov
Select Year: 2007
The 200 Florida Statutes
CHAPTER 119
PUBLIC RECORDS
119.01 General state policy on public records.
119.011 Definitions.
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119.021 Custodial requirements; maintenance, preservation, and retention of public records.
119.07 Inspection and copying of records; photographing public records; fees; exemptions.
119.071 General exemptions from inspection or copying of public records.
119.0711 Executive branch agency exemptions from inspection or copying of public records.
119.0712 Executive branch agency-specific exemptions from inspection or copying of public
records.
119.0713 Local government agency exemptions from inspection or copying of public records.
119.0714 Court files; court records; official records. .
119.084 Copyright of data processing software created by governmental agencies; sale price and
licensing fee.
119.092 Registration by federal employer's registration number.
119.10 Violation of chapter; penalties.
119.105 Protection of victims of crimes or accidents.
119.11 Accelerated hearing; immediate compliance.
119.12 Attorney's fees.
119.15 Legislative review of exemptions from public meeting and public records requirements.
119.01 General state policy on public records.--
(1) It is the policy of this state that all state, county, and municipal records are open for personal
inspection and copying by any person. Providing access to public records is a duty of each agency.
(2)(a) Automation of public records must not erode the right of access to those records. As each
agency increases its use of and dependence on electronic recordkeeping, each agency must provide
reasonable public access to records electronically maintained and must ensure that exempt or
confidential records are not disclosed except as otherwise permitted by law.
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(b) When designing or acquiring an electronic recordkeeping system, an agency must consider
whether such system is capable of providing data in some common format such as, but not limited
to, the American Standard Code for Information Interchange.
(c) An agency may not enter into a contract for the creation or maintenance of a public records
database if that contract impairs the ability of the public to inspect or copy the public records of
the agency, including public records that are online or stored in an electronic recordkeeping
system used by the agency.
(d) Subject to the restrictions of copyright and trade secret laws and public records exemptions,
agency use of proprietary software must not diminish the right of the public to inspect and copy a
public record.
(e) Providing access to public records by remote electronic means is an additional method of
access that agencies should strive to provide to the extent feasible. If an agency provides access to
public records by remote electronic means, such access should be provided in the most cost-
effective and efficient manner available to the agency providing the information.
(f) Each agency that maintains a public record in an electronic recordkeeping system shall provide
to any person, pursuant to this chapter, a copy of any public record in that system which is not
exempted by law from public disclosure. An agency must provide a copy of the record in the
medium requested if the agency maintains the record in that medium, and the agency may charge
a fee in accordance with this chapter. For the purpose of satisfying a public records request, the
fee to be charged by an agency if it elects to provide a copy of a public record in a medium not
routinely used by the agency, or if it elects to compile information not routinely developed or
maintained by the agency or that requires a substantial amount of manipulation or programming,
must be in accordance with s. 119.07(4).
(3) If public funds are expended by an agency in payment of dues or membership contributions for
any person, corporation, foundation, trust, association, group, or other organization, all the
financial, business, and membership records of that person, corporation, foundation, trust,
association, group, or other organization which pertain to the public agency are public records and
subject to the provisions of s. 119.07.
History.--s. 1, ch. 5942, 1909; RGS 424; CGL 490; s. 1, ch. 73-98; s. 2, ch. 75-225; s. 2, ch. 83-286;
s. 4, ch. 86-163; ss. 1, 5, ch. 95-296; s. 2, ch. 2004-335; s. 1, ch. 2005-251.
119.011 Definitions.--As used in this chapter, the term:
(1) "Actual cost of duplication" means the cost of the material and supplies used to duplicate the
public record, but does not include labor cost or overhead cost associated with such duplication.
(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 including, for the purposes of this chapter, the Commission on Ethics, the Public Service
Commission, and the Office of Public Counsel, 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.
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(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. 119.071(2)(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. 119.071(2)(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.
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 shalt 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.
(4) "Criminal justice agency" means:
(a) Any law enforcement agency, court, or prosecutor;
(b) Any other agency charged by law with criminal law enforcement duties;
(c) 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; or
(d) The Department of Corrections.
(5) "Custodian of public records" means the elected or appointed state, county, or municipal
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officer charged with the responsibility of maintaining the office having public records, or his or her
designee.
(6) "Data processing software" means the programs and routines used to employ and control the
capabilities of data processing hardware, including, but not limited to, operating systems,
compilers, assemblers, utilities, library routines, maintenance routines, applications, and computer
networking programs.
(7) "Duplicated copies" means new copies produced by duplicating, as defined in s. 283.30.
(8) "Exemption" means a provision of general law which provides that a specified record or
meeting, or portion thereof, is not subject to the access requirements of s. 119.07(1), s. 286.011,
or s. 24, Art. i of the State Constitution.
(9) "Information technology resources" means data processing hardware and software and services,
communications, supplies, personnel, facility resources, maintenance, and training.
(10) "Proprietary software" means data processing software that is protected by copyright or trade
secret laws. '
(11) "Public records" means all documents, papers, letters, maps, books, tapes, photographs,
films, sound recordings, data processing software, or other material, regardless of the physical
form, characteristics, or means of transmission, made or received pursuant to law or ordinance or
in connection with the transaction of official business by any agency.
(12) "Redact" means to conceal from a copy of an original public record, or to conceal from an
electronic image that is available for public viewing, that portion of the record containing exempt
or confidential information. '
(13) "Sensitive," for purposes of defining agency-produced software that is sensitive, means only
those portions of data processing software, including the specifications and documentation, which
are used to:
(a) Collect, process, store, and retrieve information that is exempt from s. 119.07(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.
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; s. 5, ch. 93-404; s. 5, ch. 93-405; s. 5, ch. 95-207; s. 6, ch. 95-296; s. 10, ch. 95-398;
s. 40, ch. 96-406; s. 2, ch. 97-90; s. 3, ch. 2004-335; s. 43, ch. 2005-251.
119.021 Custodial requirements; 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, or rooms fitted with noncombustible
materials and in such arrangement as to be easily accessible for convenient use.
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(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, 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.
3. Any public official who causes a record book to be copied shalt 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 Department of State shall adopt rules
to establish retention schedules and a disposal process for public records.
(b) Each agency shall comply with 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 public official 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 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.
(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 Department 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 Department of State, all public
records kept or received by him or her in the transaction of official business.
(b) Whoever is entitled to custody of public records shall demand them from any person having
illegal possession of them, who must forthwith deliver the same to him or her. Any person
unlawfully possessing public records must within 10 days deliver such records to the lawful
custodian of public records unless just cause exists for failing to deliver such records.
History.--s. 2, ch. 67-125; s. 3, ch. 83-286; s. 753, ch. 95-147; s. 5, ch. 2004-335.
119.07 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
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under supervision by the custodian of the public records.
(b) A custodian of public records or a person having custody of public recprds may designate
another officer or employee of the agency to permit the inspection and copying of public records,
but must disclose the identity of the designee to the person requesting to inspect or copy public
records.
(c) A custodian of public records and his or her designee must acknowledge requests to inspect or
copy records promptly and respond to such requests in good faith. A good faith response includes
making reasonable efforts to determine from other officers or employees within the agency
whether such a record exists and, if so, the location at which the record can be accessed.
(d) 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 per-son shall produce the remainder of such record for inspection and
copying.
(e) 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 or she
contends is applicable to the record, including the statutory citation to an exemption created or
afforded by statute.
(f) If requested by the person seeking to inspect or copy the record, the custodian of public
records shalt state in writing and with particularity the reasons for the conclusion that the record is
exempt or confidential.
(g) 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. 119.071,(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. If an
exemption is alleged to exist under or by virtue of s. 119.071(2)(c), 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.
(h) Even if an assertion is made by the custodian of public records that a 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 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
of public records may not dispose of the record except by order of a court of competent
jurisdiction after notice to all affected parties.
(i) The absence of a civil action instituted for the purpose stated in paragraph (g) 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.
(b) The custodian of public records 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 are exempt or confidential from subsection
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(1) or s. 24, Art. I of the State Constitution.
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(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 white such record is in the possession, custody, and control of the
custodian of public records.
(b) This subsection applies to the making of photographs in the conventional sense by use of a
camera device to capture images of public records but 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.
(c) Photographing public records shall be done under the supervision of the custodian of public
records, who may adopt and enforce reasonable rules governing the photographing of such records.
(d) Photographing of public records shall be done in the room 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 room or place, as nearly adjacent as possible to the room
where the public records are kept, to be determined by the custodian of public records. Where
provision of another room or place for photographing is required, the expense of providing the
same shall be paid by the person desiring to photograph the public record pursuant to paragraph
(4)(e).
(4) The custodian of public records shall furnish a copy or a certified copy of the record upon
payment of the fee prescribed by law. If a fee is not prescribed by law, the following fees are
authorized:
(a)1. Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8'/Z
inches;
2. No more than an additional 5 cents for each two-sided copy; and
3. For all other copies, the actual cost of duplication of the public record.
(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 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.
(e)1. Where provision of another room or place is necessary to photograph public records, the
expense of providing the same shall be paid by the person desiring to photograph the public
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records.
2. The custodian of public records may charge the person making the photographs for supervision
services at a rate of compensation to be agreed 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, no 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. 102.168, 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.
(6) An 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.
(7) An exemption from this section does not imply an exemption from s. X86.011. The exemption
from s. 286.011 must be expressly provided.
(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 or in collateral postconviction proceedings. This section may
not be used by any inmate as the basis for failing to timely litigate any postconviction action.
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; s. 1, ch. 93-87; s. 2, ch. 93-232; s. 3,
ch. 93-404; s. 4, ch. 93-405; s. 4, ch. 94-73; s. 1, ch. 94-128; s. 3, ch. 94-130; s. 67, ch. 94-164; s.
1, ch. 94-176; s. 1419, ch. 95-147; ss. 1, 3, ch. 95-170; s. 4, ch. 95-207; s: 1, ch. 95-320; ss. 1, 2,
3, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 18, 19, 20, 22, 23, 24, 25, 26, 29, 30, 31, 32, 33, 34, 35, 36, ch.
95-398; s. 1, ch. 95-399; s. 121, ch. 95-418; s. 3, ch. 96-178; s. 1, ch. 96-230; s. 5, ch. 96-268; s. 4,
ch. 96-290; s. 41, ch. 96-406; s. 18, ch. 96-410; s. 1, ch. 97-185; s. 1, ch. 98-9; s. 7, ch. 98-137; s.
1, ch. 98-255; s. 1, ch. 98-259; s. 128, ch. 98-403; s. 2, ch. 99-201; s. 27, ch. 2000-164; s. 54, ch.
2000-349; s. 1, ch. 2001-87; s. 1, ch. 2001-108; s. 1, ch. 2001-249; s. 29, ch. 2001-261; s. 33, ch.
2001-266; s. 1, ch. 2001-364; s. 1, ch. 2002-67; ss. 1, 3, ch. 2002-257; s. 2, ch. 2002-391; s. 11, ch.
2003-1; s. 1, ch. 2003-100; ss. 1, 2, ch. 2003-110; s. 1, ch. 2003-137; ss. 1, 2, ch. 2003-157; ss. 1,
2, ch. 2004-9; ss. 1, 2, ch. 2004-32; ss. 1, 2, ch. 2004-62; ss. 1, 3, ch. 2004-95; s. 7, ch. 2004-335;
ss. 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30,
31, 32, 33, 34, 35, 36, 38, ch. 2005-251; s. 74, ch. 2005-277; s. 1, ch. 2007-39; ss. 2, 4, ch. 2007-
251.
~ 119.071 General exemptions from inspection or copying of public records.--
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(1) AGENCY ADMINISTRATION.--
(a) Examination questions and answer sheets of examinations administered by a governmental
agency for the purpose of licensure, certification, or employment are exempt from s. 119.07(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.
(b)1.a. Sealed bids or proposals received by an agency pursuant to invitations to bid or requests
for proposals are exempt from s. 119.07(1) and s. 24(a), Art. 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 earlier.
b. If an agency rejects all bids or proposals submitted in response to an invitation to bid or request
for proposals and the agency concurrently provides notice of its intent to reissue the invitation to
bid or request for proposals, the rejected bids or proposals remain exempt from s. 119.07(1) and s.
24(a), Art. 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) concerning the reissued invitation to bid or request
for proposals or until the agency withdraws the reissued invitation to bid or request for proposals.
This sub-subparagraph is subject to the Open Government Sunset Review Act in accordance with s.
119.15 and shall stand repealed on October 2, 2011, unless reviewed and saved from repeal
through reenactment by the Legislature.
2.a. A competitive sealed reply in response to an invitation to negotiate, as defined in s. 287.012,
is exempt from s. 119.07(1) and s. 24(a), Art. 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 until 20
days after the final competitive sealed replies are all opened, whichever occurs earlier.
b. If an agency rejects all competitive sealed replies in response to an invitation to negotiate and
concurrently provides notice of its intent to reissue the invitation to negotiate and reissues the
invitation to negotiate within 90 days after the notice of intent to reissue the invitation to
negotiate, the rejected replies remain exempt from s. 119.07(1) and s. 24(a), Art. 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) concerning the reissued invitation to negotiate or until the agency
withdraws the reissued invitation to negotiate. A competitive sealed reply is not exempt for longer
than 12 months after the initial agency notice rejecting all replies.
c. This subparagraph is subject to the Open Government Sunset Review Act in accordance with s.
119.15 and shall stand repealed on October 2, 2011, unless reviewed and saved from repeal
through reenactment by the Legislature.
(c) Any financial statement that 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
exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(d)1. A public record that 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, 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. 119.07
(1) and s. 24(a), Art. I of the State Constitution until the conclusion of the litigation or adversarial
administrative proceedings. 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
for direct appeal as well as for all capital collateral litigation after direct appeal until execution of
sentence or imposition of a life sentence.
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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 attorney's 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. 119.07(1).
(f) Data processing software obtained by an agency under a licensing agreement that prohibits its
disclosure and which software is a trade secret, as defined in s. 812.081, and agency-produced
data processing software that is sensitive are exempt from s. 119.07(1) and s. 24(a), Art. I of the
State Constitution. The designation of agency-produced software as sensitive shall not prohibit an
agency head from sharing or exchanging such software with another public agency.
Z(g)1. United States Census Bureau address information, which includes maps showing structure
location points, agency records verifying addresses, and agency records identifying address errors
or omissions, held by an agency pursuant to the Local Update of Census Addresses Program, Title
13, United States Code, Pub. L. No. 103-430, is confidential and exempt from s. 119.07(1) and s. 24
(a), Art. I of the State Constitution.
2. Such information may be released to another agency or governmental entity in the furtherance
of its duties and responsibilities under the Local Update of Census Addresses Program.
3. An agency performing duties and responsibilities under the Local Update of Census Addresses
Program shall have access to any other confidential or exempt information held by another agency
if such access is necessary in order to perform its duties and responsibilities under the program.
4. This exemption is subject to the Open Government Sunset Review Act in accordance with s.
119.15 and shalt stand repealed October 2, 2012, unless reviewed and saved from repeal through
reenactment by the Legislature.
(2) AGENCY INVESTIGATIONS.--
(a) Att criminal intelligence and criminal investigative information received by a criminal justice
agency prior to January 25, 1979, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution.
(b) 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.
(c)1. Active criminal intelligence information and active criminal investigative information are
exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2.a. A request made by a law enforcement agency to inspect or copy a public record that is in the
custody of another agency and the custodian's response to the request, and any information that
would identify whether a law enforcement agency has requested or received that public record are
exempt from s. 119.07(1) and s. 24(a), Art. 1 of the State Constitution, during the period in which
the information constitutes active criminal intelligence information or active criminal investigative
information.
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b. The law enforcement agency that made the request to inspect or copy.a public record shall give
notice to the custodial agency when the criminal intelligence information or criminal investigative
information is no longer active so that the request made by the law enforcement agency, the
custodian's response to the request, and information that would identify whether the law
enforcement agency had requested or received that public record are available to the public.
c. This exemption is remedial 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
paragraph.
(d) Any information revealing surveillance techniques or procedures or personnel is exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution. 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(3), are
exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution 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. '
(e) Any information revealing the substance of a confession of a person arrested is exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution, 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. 119.07(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, alt records relating to an allegation of employment discrimination
are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(h)1. 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 a lewd or
lascivious offense committed upon or in the presence of a person less than 16 years of age, 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. 119.07(1) and s. 24(a), Art. I of the
State Constitution.
32. In addition to subparagraph 1., 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 under chapter 794, chapter 800, or chapter 827, regardless of whether
the photograph, videotape, or image identifies the victim, is confidential 'and exempt from s.
119.07(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.
(i) Any criminal intelligence information or criminal investigative information that 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 s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(j)1. Any document that reveals the identity, home or employment telephone number, home or
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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 s. 119.07(1) and s. 24(a), Art. I of the
State Constitution. Any information not otherwise held confidential or exempt from s. 119.07(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 from s.
119.07(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. Such information shall
cease to be exempt 5 years after the receipt of the written request. Any state or federal agency
that 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 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 or in s. 794.011,
s. 827.071, s. 847.012, s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145, which reveals that
minors 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, or 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, held by a
law enforcement agency, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the
State Constitution. Any governmental agency that is authorized to have access to such statements
by any provision of taw shall be granted such access in the furtherance of the agency's 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 other 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 having 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) SECURITY.--
(a)1. As used in this paragraph, the term "security system plan" includes all:
a. Records, information, photographs, audio and visual presentations, schematic diagrams,
surveys, recommendations, or consultations or portions thereof relating directly to the physical
security of the facility or revealing security systems;
b. Threat assessments conducted by any agency or any private entity;
c. Threat response plans;
d. Emergency evacuation plans;
e. Sheltering arrangements; or
f. Manuals for security personnel, emergency equipment, or security training.
2. A security system plan or portion thereof for:
a. Any property owned by or leased to the state or any of its political subdivisions; or
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b. Any privately owned or leased property
held by an agency is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution. This exemption is remedial in nature, and it is the intent of the Legislature that this
exemption apply to security system plans held by an agency before, on, or after the effective date
of this paragraph.
3. Information made confidential and exempt by this paragraph may be disclosed by the custodian
of public records to:
a. The property owner or leaseholder; or
b. Another state or federal agency to prevent, detect, guard 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.
(b)1. 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(1) and s. 24(a), Art. I of the State Constitution.
2. This exemption applies to 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 before, on, or after the effective date of this act.
3. Information made exempt by this paragraph may be disclosed:
a. To another governmental entity if disclosure is necessary for the receiving entity to perform its
duties and responsibilities;
b. To a licensed architect, engineer, or contractor who is performing work on or related to the
building, arena, stadium, water treatment facility, or other structure owned or operated by an
agency; or
c. Upon a showing of good cause before a court of competent jurisdiction.
4. The entities or persons receiving such information shall maintain the exempt status of the
information.
4(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, which documents are held by an
agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption
applies to any such documents held 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 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:
1. "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 facility that:
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a. For single-performance facilities:
(I) Provides single-performance facilities; or
(II) Provides more than 10,000 permanent seats for spectators.
b. For serial-performance facilities:
(I) Provides parking spaces for more than 1,000 motor vehicles; or
(II) Provides more than 4,000 permanent seats for spectators.
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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 least 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 park,
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 park 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 motor 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. Encompasses more than 400,000 square feet of gross floor area; or
b. Provides parking spaces for more than 2,500 motor vehicles.
5. "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
are submitted for approval or which have been approved under local land development regulations,
local zoning regulations, 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. 119.07(1) and s. 24(a), Art. I of the
State Constitution.
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2. An agency that is the custodian of a social security number specified in subparagraph 1. 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
confidentiality to the custodial agency. However, upon a request by a commercial entity as
provided in sub-subparagraph (5)(a)7.b., 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 Department of State shall be released in its entirety. This subparagraph is subject to the
Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on
October 2, 2009, unless reviewed and saved from 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 identify that officer or employee is exempt from s. 119.07(1) 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 person's legal representative provides written permission
or pursuant to court order.
(c) Any information revealing undercover personnel of any criminal justice agency is exempt from
s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(d)1. 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 Department of Children and Family Services whose duties include the investigation
of abuse, neglect, exploitation, fraud, theft, or other criminal activities, personnel of the
Department of Health whose duties are to support the investigation of child abuse or neglect, and
personnel of the Department 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. 119.07(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. 119.07(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 s. 119.07(1). 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. 119.07(1) and s. 24(a), Art. I of the State Constitution.
2. The home addresses, telephone 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, 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. 119.07(1) and s. 24(a),
Art. I of the State Constitution.
3. The home addresses, telephone numbers, social security numbers, and photographs of current
or former United States attorneys and assistant United States attorneys; the home addresses,
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telephone numbers, social security numbers, photographs, 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 United States attorneys are exempt from
s. 119.07(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,
2009, unless reviewed and saved from repeal through reenactment by the Legislature.
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 United States Courts of Appeal, United States district judges, and United States
magistrate judges are exempt from s. 119.07(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, 2009, unless reviewed and saved from repeal through
reenactment by the Legislature.
5. The home addresses, telephone numbers, and photographs of current or former code
enforcement officers; the names, home addresses, telephone numbers, 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. 119.07(1) and s. 24(a),
Art. I of the State Constitution.
6. The home addresses, telephone numbers, places of employment, and photographs of current or
former guardians ad litem, 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
s. 119.07(1) and s. 24(a), Art. I of the State Constitution, if the guardian ad litem provides a
written statement that the guardian ad litem has made reasonable efforts to protect such
information from being accessible through other means 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 on October 2, 2010, unless reviewed and saved from repeal through reenactment by the
Legislature.
7. The home addresses, telephone numbers, and photographs of current or former juvenile
probation officers, juvenile probation supervisors, detention superintendents, assistant detention
superintendents, senior juvenile detention officers, juvenile detention officer supervisors, juvenile
detention officers, house parents I and II, house parent supervisors, group treatment leaders, group
treatment leader supervisors, rehabilitation therapists, and social services counselors of the
Department of Juvenile Justice; the names, home addresses, telephone numbers, and places of
employment of 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. 119.07(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 shalt stand repealed on October 2, 2011, unless
reviewed and saved from repeal through reenactment by the Legislature.
8. An agency that is the custodian of the personal information specified in subparagraph 1.,
subparagraph 2., subparagraph 3., subparagraph 4., subparagraph 5., subparagraph 6., or
subparagraph 7. and that is not the employer of the officer, employee, justice, judge, or other
person specified in subparagraph 1., subparagraph 2., subparagraph 3., subparagraph 4.,
subparagraph 5., subparagraph 6., or subparagraph 7. shall maintain the exempt status of the
personal information only if the officer, employee, justice, judge, other person, or employing
agency of the designated employee submits a written request for maintenance of the exemption to
the custodial agency.
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(5) OTHER PERSONAL INFORMATION.--
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(a)1.a. The Legislature acknowledges that the social security number was 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.
b. The Legislature recognizes that the social security number can be used as a tool to perpetuate
fraud against an individual and to acquire sensitive personal, financial, medical, and familial
information, the release of which could cause great financial or personal harm to an individual.
c. The Legislature intends to monitor the use of social security numbers held by agencies in order
to maintain a balanced public policy.
2.a. An agenty may not collect an individual's social security number unless the agency has stated
in writing the purpose for its collection and unless it is:
(I) Specifically authorized by law to do so; or
(II) Imperative for the performance of that agency's duties and responsibilities as prescribed by
law.
b. Social security numbers- collected by an agency may not be used by that agency for any purpose
other than the purpose provided in the written statement.
3. An agency collecting an individual's social security number shalt provide that individual with a
copy of the written statement required in subparagraph 2.
4.a. Each agency shalt review whether its collection of social security numbers is in compliance
with subparagraph 2. If the agency determines that collection of a social security number is not in
compliance with subparagraph 2., the agency shall immediately discontinue the collection of social
security numbers for that purpose.
b. Each agency shall certify to the President of the Senate and the Speaker of the House of
Representatives its compliance with this subparagraph no later than January 31, 2008.
5. Social security numbers held by an agency are confidential and exempt from s. 119.07(1) and s.
24(a); Art. I of the State Constitution. This exemption applies to social security numbers held by an
agency before, on, or after the effective date of this exemption.
6. Social security numbers may be disclosed to another agency or governmental entity if disclosure
is necessary for the receiving agency or entity to perform its duties and responsibilities.
7.a. For purposes of this subsection, the term:
(I) "Commercial activity" means the provision of a lawful product or service by a commercial
entity. Commercial activity includes verification of the accuracy of personal information received
by a commercial entity in the normal course of its business; use for insurance purposes; use in
identifying and preventing fraud; use in matching, verifying, or retrieving information; and use in
research activities. It does not include the display or bulk sale of social security numbers to the
public or the distribution of such numbers to any customer that is not identifiable by the
commercial entity.
(II) "Commercial entity" means any corporation, partnership, limited partnership, proprietorship,
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sole proprietorship, firm, enterprise, franchise, or association that performs a commercial activity
in this state.
b. An agency may not deny a commercial entity engaged in the performance of a commercial
activity access to social security numbers, provided the social security numbers will be used only in
the performance of a commercial activity and provided the commercial entity makes a written
request for the social security numbers. The written request must:
(I) Be verified as provided in s. 92.525;
(II) Be legibly signed by an authorized officer, employee, or agent of the commercial entity;
(III) Contain the commercial entity's name, business mailing and location addresses, and business
telephone number; and
(IV) Contain a statement of the specific purposes for which it needs the social security numbers
and how the social security numbers will be used in the performance of a commercial activity. The
aggregate of these requests shall serve as the basis for the agency report required in subparagraph
9.
c. An agency may request any other information reasonably necessary to verify the identity of a
commercial entity requesting the social security numbers and the specific purposes for which the
numbers will be used.
8.a. Any 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. 775.083.
b. Any public officer who violates this paragraph commits a noncriminal infraction, punishable by a
fine not exceeding $500 per violation.
9.a. Every agency shall file a report with the Executive Office of the Governor, the President of
the Senate, and the Speaker of the House of Representatives by January 31 of each year.
b. The report required under sub-subparagraph a. shall list:
(I) The identity of all commercial entities that have requested social security numbers during the
preceding calendar year; and
(II) The specific purpose or purposes stated by each commercial entity regarding its need for social
security numbers.
c. If no disclosure requests were made, the agency shall so indicate.
10. Any affected person may petition the circuit court for an order directing compliance with this
paragraph.
11. This paragraph does not supersede any other applicable public records exemptions existing
prior to May 13, 2002, or created thereafter.
(b) Bank account numbers and debit, charge, and credit card numbers held by an agency are
exempt from s. 119.07(1) and s. 24(a), Art. t 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.
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5(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.
119.07(1) 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 good 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
which contain the name, address, and telephone number of subscribers are confidential and
exempt from s. 119.07(1) and s. 24(a), Art. I 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 from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution.
(f) Medical history records and information related to health or property insurance provided to the
Department of Community Affairs, the Florida Housing Finance Corporation, a county, a
municipality, 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. 119.07(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.
(g)1. Biometric identification information held by an agency before, on, or after the effective date
of this exemption is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. As used
in this paragraph, the term "biometric identification information" means:
a. Any record of friction ridge detail;
b. Fingerprints;
c. Palm prints; and
d. Footprints.
2. This paragraph is subject to the Open Government Sunset Review Act in accordance with s.
119.15 and shall stand repealed on October 2, 2011, unless reviewed and saved from repeat
through reenactment by the Legislature.
History.--s. 4, ch. 75-225; ss. 2, 3, 4, 6, ch. 79-187; s. 1, ch. 82-95; s. 1, ch. 83-286; s. 5, ch. 84-
298; s. 1, ch. 85-18; s. 1, ch. 85-45; s. 1, ch. 85-86; s. 4, ch. 85-301; s. 2, ch. 86-11; s. 1, ch. 86-
109; s. 2, ch. 88-188; s. 1, ch. 88-384; s. 1, ch. 89-80; s. 63, ch. 90-136; s. 4, ch. 90-211; s. 78, ch.
91-45; s. 1, ch. 91-96; s. 1, ch. 91-149; s. 90, ch. 92-152; s. 1, ch. 93-87; s. 2, ch. 93-232; s. 3, ch.
93-404; s. 4, ch. 93-405; s. 1, ch. 94-128; s. 3, ch. 94-130; s. 1, ch. 94-176; s. 1419, ch. 95-147; ss.
1, 3, ch. 95-170; s. 4, ch. 95-207; s. 1, ch. 95-320; ss. 3, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 18, 20,
29, 31, 32, 33, 34, ch. 95-398; s. 3, ch. 96-178; s. 41, ch. 96-406; s. 18, ch. 96-410; s. 1, ch. 98-9;
s. 7, ch. 98-137; s. 1, ch. 98-259; s. 2, ch. 99-201; s. 27, ch. 2000-164; s. 1, ch. 2001-249; s. 29,
ch. 2001-261; s. 1, ch. 2001-361; s. 1, ch. 2001-364; s. 1, ch. 2002-67; s. 1, ch. 2002-256; s. 1, ch.
2002-257; ss. 2, 3, ch. 2002-391; s. 11, ch. 2003-1; s. 1, ch. 2003-16; s. 1, ch. 2003-100; s. 1, ch.
2003-137; ss. 1, 2, ch. 2003-157; ss. 1, 2, ch. 2004-9; ss. 1, 2, ch. 2004-32; ss. 1, 3, ch. 2004-95; s.
7, ch. 2004-335; s. 4, ch. 2005-213; s. 41, ch. 2005-236; ss. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14,
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15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, ch. 2005-251; s. 14, ch. 2006-1; s. 1, ch.
2006-158; s. 1, ch. 2006-180; s. 1, ch. 2006-181; s. 1, ch. 2006-211; s. 1, ch. 2006-212; s. 13, ch.
2006-224; s. 1, ch. 2006-284; s. 1, ch. 2006-285; s. 1, ch. 2007-93; s. 1, ch. 2007-95; s. 1, ch. 2007-
250; s. 1, ch. 2007-251.
Note.--Section 12, ch. 2006-224, provides that "[n]otwithstanding any law to the contrary, a state
agency under the individual control of the Attorney General, the Chief Financial Officer, or the
Commissioner of Agriculture is subject to this act."
2Note.--Section 2, ch. 2007-250, provides that "[t]he Legislature finds that it is a public necessity
that United States Census Bureau address information, which includes maps showing structure
location points, agency records verifying addresses, and agency records identifying address errors
or omissions, held by an agency be made confidential and exempt from public records
requirements. Pursuant to the Local Update Census Addresses Program, Title 13, United States
Code, Pub. L. No. 103-430, United States Census Bureau address information must be kept
confidential. Further, all individuals directly involved in reviewing such information and any
individuals with access to such information are required to sign a confidentiality agreement to
preserve the confidentiality of the address information. Without this exemption, agencies would be
prevented from participating in the program. As such, the effective and efficient administration of
the Local Update of Census Addresses Program would be hindered at the federal level. Further, it
could result in a negative fiscal impact on the state."
3Note.--Section 2, ch. 2003-157, provides that "[s]ubparagraph 2. of paragraph [(h)] of subsection
[(2)] of section [119.071], Florida Statutes, is subject to the Open Government Sunset Review Act
of 1995 in accordance with s. 119.15, Florida Statutes, and shall stand repealed on October 2,
2008, unless reviewed and saved from repeal through reenactment by the Legislature."
4Note.--Section 2, ch. 2004-9, provides that "[s]ection [119.071(3)(c)], Florida Statutes, is subject
to the Open Government Sunset Review Act of 1995, in accordance with s. 119.15, Florida Statutes,
and shall stand repealed on October 2, 2009, unless reviewed and reenacted by the Legislature."
SNote.--Section 2, ch. 2004-32, provides that "[p]aragraph [(c)] of subsection [(5)] of s. [119.071],
Florida Statutes, is subject to the Open Government Sunset Review Act of 1995 in accordance with
s. 119.15, Florida Statutes, and shall stand repealed on October 2, 2009, unless reviewed and saved
from repeal through reenactment by the Legislature."
Note.--
A. Additional exemptions from the application of this section appear in the General Index to the
Florida Statutes under the heading "Public Records."
B. Portions former ss. 119.07(6), 119.072, and 119.0721.
119.0711 Executive branch agency exemptions from inspection or copying of public records.--
(1) 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 are exempt from s. 119.07(1) 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.
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(2) When 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 s. 119.07(1)
and s. 24(a), Art. I of the State Constitution until execution of a valid option contract or a written
offer to sell that 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 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 s. 119.07(1) and s. 24(a), Art. I of the State
Constitution to the same extent as appraisals, other reports relating to value, offers, and
counteroffers. For the purpose of this subsection, the term "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 subsection has no application to other exemptions from s. 119.07(1)
which are contained in other provisions of law and shall not be construed to be an express or
implied repeat thereof.
History.--s. 1, ch. 85-18; s. 1, ch. 86-21; s. 1, ch. 89-29; ss. 19, 25, ch. 95-398; s. 7, ch. 2004-335;
ss. 30, 31, ch. 2005-251.
Note.--
A. Additional exemptions from the application of this section appear in the General Index to the
Florida Statutes under the heading "Public Records."
B. Former s. 119.07(6)(n), (q).
119.0712 Executive branch agency-specific exemptions from inspection or copying of public
records. --
(1) DEPARTMENT OF HEALTH.--All personal identifying information contained in records relating to
an individual's personal health or eligibility for health-related services held by the Department of
Health is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution,
except as otherwise provided in this subsection. 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 court order upon a showing of good cause.
(d) To a health research entity, if the entity seeks the records or data pursuant to a research
protocol approved by the department, maintains the records or data in accordance with the
approved protocol, and enters into a purchase and data-use agreement with the department, the
fee provisions of which are consistent with s. 119.07(4). The department may deny a request for
records or data if the protocol provides for intrusive follow-back contacts, has not been approved
by a human studies institutional review board, does not plan for the destruction of confidential
records after the research is concluded, is administratively burdensome, or does not have scientific
merit. The agreement must restrict the release of any information that would permit the
identification of persons, limit the use of records or data to the approved research protocol, and
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prohibit any other use of the records or data. Copies of records or data issued pursuant to this
paragraph remain the property of the department.
~(2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.--
(a) Personal information contained in a motor vehicle record that identifies an individual is
confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution except as
provided in this subsection. Personal information includes, but is not limited to, an individual's
social security number, driver identification number or identification card number, name, address,
telephone number, medical or disability information, and emergency contact information. For
purposes of this subsection, personal information does not include information relating to vehicular
crashes, driving violations, and drivers status. For purposes of this subsection, the term "motor
vehicle record" means any record that pertains to a motor vehicle operator's permit, motor vehicle
title, motor vehicle registration, or identification card issued by the Department of Highway Safety
and Motor Vehicles.
(b) Personal information contained in motor vehicle records made confidential and exempt by this
subsection may be released by the department for any of the following uses:
1. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle
emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of
motor vehicles and dealers by motor vehicle manufacturers; and removal of nonowner records from
the original owner records of motor vehicle manufacturers, to carry out the purposes of Titles 1 and
IV of the Anti Car Theft Act of 1992, the Automobile Information Disclosure Act (15 U.S.C. ss. 1231
et seq.), the Clean Air Act (42 U.S.C. ss. 7401 et seq.), and chapters 301, 305, and 321-331 of Title
49, United States Code.
2. For use by any government agency, including any court or law enforcement agency, in carrying
out its functions, or any private person or entity acting on behalf of a federal, state, or local
agency in carrying out its functions.
3. For use in connection with matters of motor vehicle or driver safety and theft; motor vehicle
emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of
motor vehicles, motor vehicle parts, and dealers; motor vehicle market research activities,
including survey research; and removal of nonowner records from the original owner records of
motor vehicle manufacturers.
4. For use in the normal course of business by a legitimate business or its agents, employees, or
contractors, but only:
a. To verify the accuracy of personal information submitted by the individual to the business or its
agents, employees, or contractors; and
b. If such information as so submitted is not correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or
recovering on a debt or security interest against, the individual.
5. For use in connection with any civil, criminal, administrative, or arbitral proceeding in any
court or agency or before any self-regulatory body for:
a. Service of process by any certified process server, special process server, or other person
authorized to serve process in this state.
b. Investigation in anticipation of litigation by an attorney licensed to practice law in this state or
the agent of the attorney; however, the information may not be used for mass commercial
solicitation of clients for litigation against motor vehicle dealers.
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c. Investigation by any person in connection with any filed proceeding; however, the information
may not be used for mass commercial solicitation of clients for litigation against motor vehicle
dealers.
d. Execution or enforcement of judgments and orders.
e. Compliance with an order of any court.
6. For use in research activities and for use in producing statistical reports, so long as the personal
information is not published, redisclosed, or used to contact individuals.
7. For use by any insurer or insurance support organization, or by aself-insured entity, or its
agents, employees, or contractors, in connection with claims investigation activities, anti-fraud
activities, rating, or underwriting.
8. For use in providing notice to the owners of towed or impounded vehicles.
9. For use by any licensed private investigative agency or licensed security service for any purpose
permitted under this subsection. Personal information obtained based on an exempt driver's record
may not be provided to a client who cannot demonstrate a need based on a police report, court
order, or business or personal relationship with the subject of the investigation.
10. For use by an employer or its agent or insurer to obtain or verify information relating to a
holder of a commercial driver's license that is required under 49 U.S.C. ss. 31301 et seq.
11.' For use in connection with the operation of private toll transportation facilities.
12. For bulk distribution for surveys, marketing, or solicitations when the department has obtained
the express consent of the person to whom such personal information pertains.
13. For any use if the requesting person demonstrates that he or she has obtained the written
consent of the person who is the subject of the motor vehicle record.
14. For any other use specifically authorized by state taw, if such use is related to the operation of
a motor vehicle or public safety.
15. For any other use if the person to whom the information pertains has given express consent in
a format prescribed by the department. Such consent shall remain in effect until it is revoked by
the person on a form prescribed by the department.
(c) Notwithstanding paragraph (b), without the express consent of the person to whom such
information applies, the following information contained in motor vehicle records may only be
released as specified in this paragraph:
1. Social security numbers maybe released only as provided in subparagraphs (b)2., 5., 7., and 10.
2. An individual's photograph or image may be released only as provided in s. 322.142.
3. Medical disability information may be released only as provided in ss. 322.125 and 322.126.
4. Emergency contact information may be released only to law enforcement agencies for purposes
of contacting those listed in the event of an emergency.
(d) The restrictions on disclosure of personal information provided by this subsection shall not in
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any way affect the use of organ donation information on individual driver licenses or affect the
administration of organ donation initiatives in this state.
(e)1. Personal information made confidential and exempt may be disclosed by the Department of
Highway Safety and Motor Vehicles to an individual, firm, corporation, or similar business entity
whose primary business interest is to resell or redisclose the personal information to persons who
are authorized to receive such information. Prior to the department's disclosure of personal
information, such individual, firm, corporation, or similar business entity must first enter into a
contract with the department regarding the care, custody, and control of the personal information
to ensure compliance with the federal Driver's Privacy Protection Act of 1994 and applicable state
laws. '
2. An authorized recipient of personal information contained in a motor vehicle record, except a
recipient under subparagraph (b)12., may contract with the Department of Highway Safety and
Motor Vehicles to resell or redisclose the information for any use permitted under this section.
However, only authorized recipients of personal information under subparagraph (b)12. may resell
or redisclose personal information pursuant to subparagraph (b)12.
3. Any authorized recipient who resells or rediscloses personal information shall maintain, for a
period of 5 years, records identifying each person or entity that receives the personal information
and the permitted purpose for which it will be used. Such records shall be made available for
inspection upon request by the department.
(f) The department may adopt rules to carry out the purposes of this subsection and the federal
Driver's Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq. Rules adopted by the department
may provide for the payment of applicable fees and, prior to the disclosure of personal information
pursuant to this subsection, may require the meeting of conditions by the requesting person for the
purposes of obtaining reasonable assurance concerning the identity of such requesting person, and,
to the extent required, assurance that the use will be only as authorized or that the consent of the
person who is the subject of the personal information has been obtained. Such conditions may
include, but need not be limited to, the making and filing of a written application in such form and
containing such information and certification requirements as the department requires.
(g) This subsection is subject to the Open Government Sunset Review Act in accordance with s.
119.15 and shalt stand repealed October 2, 2012, unless reviewed and saved from repeal through
reenactment by the Legislature.
History.--s. 1, ch. 97-185; s. 1, ch. 2001-108; ss. 1, 2, ch. 2004-62; s. 7, ch. 2004-335; ss. 32, 33,
ch. 2005-251; s. 1, ch. 2006-199; s. 1, ch. 2007-94.
Note.--
A. Section 2, ch. 2004-62, provides that "subsection [(2)] of s. [119.0712], Florida Statutes, is
subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15, Florida
Statutes, and shall stand repealed on October 2, 2009, unless reviewed and saved from repeal
through reenactment by the Legislature."
B. Section 2, ch. 2007-94, provides that "[t]he Legislature finds that it is a public necessity that
personal information in an individual's motor vehicle record held by the Department of Highway
Safety and Motor Vehicles be made confidential and exempt from public disclosure. Making such
personal information confidential and exempt conforms state law to the requirements of the
Federal Driver's Privacy Protection Act of 1994, as amended by s. 350 of Pub. L. No. 106-69, 18
U.S.C. ss. 2721-2725, which prohibits disclosure of information of a sensitive, personal nature, with
specified exceptions. Additionally, the Legislature notes that the state has a compelling interest in
regulating motor vehicles and motor vehicle drivers. The sale of automobiles not only provides jobs
for Floridians, but taxes collected from their sale and use provide revenues to the state. It should
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also be noted that automobiles also are attractive targets for thieves. Theft of automobiles not
only deprives the lawful owners of their property but interferes with the chain of title and causes
insurance rates to rise. As a result, the state must collect information about automobile sales, the
sellers and buyers, insurance companies, and other businesses. Further, the Legislature notes that
automobiles, if used improperly, can cause injury and death to persons in this state. Therefore, the
state must ensure that persons who drive in this state are properly trained, licensed, and insured.
As a result, the state must collect personal information regarding persons who drive in this state.
The personal information that is contained in motor vehicle records, if readily available for public
inspection and copying, could be used to invade the personal privacy of the persons identified in
the records or could be used for other purposes, such as solicitation, harassment, stalking, and
intimidation. Limiting access to the state's motor vehicle records will protect the privacy of persons
who are identified in those records and minimize the opportunity for invading that privacy. Thus,
the Legislature finds that such personal information in motor vehicle records should be exempt
from the requirements of s. 24(a), Art. I of the State Constitution. Nevertheless, the Legislature
also notes that there are a number of reasons that certain agencies, businesses, and other persons
should be granted limited access to exempt personal information contained in motor vehicle
records. The Legislature finds that access to this personal information by these governmental and
private entities should be continued in a limited, regulated fashion in order to balance the privacy
rights of persons named in motor vehicle records with the need for these entities to perform
certain important regulatory and economic functions that are important to the health, safety, and
welfare of the citizens of the state. Persons identified in motor vehicle records may need to be
notified of product recalls, advisories, or product monitoring, and manufacturers and others need
current addresses to contact them. Government agencies, including courts and law enforcement
agencies and persons acting on their behalf, may need access to carry out their legislatively
assigned functions. Additionally, researchers, investigators, insurance companies, and other
businesses and industries often must rely on personal information in motor vehicle records to
operate and perform certain business functions. Such information should be available to legitimate
businesses and their agents, employees, or contractors in their normal course of business to verify
the accuracy of personal information and to obtain correct information, to prevent fraud, to pursue
legal remedies, or to recover on a debt or security interest. Further, such exempt information
should be available for use in connection with any civil, criminal, administrative, or arbitral
proceeding for service of process, execution or enforcement of judgments and orders, and
compliance with an order of any court; for use by insurers or support organizations in connection
with claims, investigation activities, anti-fraud activities, and rating or underwriting; and for
providing notice to owners of towed or impounded vehicles. Access to such exempt information
should also be provided for investigation in anticipation of litigation or for a filed proceeding, but
the Legislature finds that authorizing access to motor vehicle records for these limited purposes
should not be construed to permit mass commercial solicitation of clients for litigation against
motor vehicle dealers because it would be contrary to the limited access contemplated by the
exceptions to the exemption and would further invade the privacy of persons named in these
records. Further, researchers, investigators, or insurance companies may need to access the large
database of motor vehicle records for use in producing statistical reports, but the Legislature finds
that this access should not infringe upon the privacy of the persons named in the records by
publishing, redisclosing, or using that information or to contact the named persons. Thus, the
Legislature specifically finds that it is a public necessity that personal information in motor vehicle
records be made confidential and exempt with the limited exceptions to that exemption
authorized in this act."
Note.--
A. Additional exemptions from the application of this section appear in the General Index to the
Florida Statutes under the heading "Public Records."
B. Former s. 119.07(6)(aa), (cc).
119.0713 Local government agency exemptions from inspection or copying of public records.--
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(1) Att 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. 119.07(1) 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 shalt 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 paratransit services under
Title II of the Americans with Disabilities Act or eligibility for the transportation disadvantaged
program as provided in part I of chapter 427 is confidential and exempt from s. 119.07(1) and s. 24
(a), Art. I 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 the 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 t#~e health or life of the
individual;
(c) By court order upon a showing of good cause; or
(d) For the purpose of determining eligibility for paratransit services if the individual or the
individual's legally authorized representative has filed an appeal or petition before an
administrative body of a 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. 119.07(1) and s. 24(a), Art. I of the State
Constitution until the audit is completed and the audit report becomes 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 when 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.
History.--s. 1, ch. 86-21; s. 24, ch. 95-398; s. 1, ch. 95-399; s. 1, ch. 96-230; s. 1, ch. 2001-87; ss.
1, 2, ch. 2003-110; s. 7, ch. 2004-335; ss. 34, 35, 36, ch. 2005-251.
Note.--Section 2, ch. 2003-110, provides that "subsection [(2)] of section [119.0713], Florida
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Statutes, is subject to the Open Government Sunset Review Act of 1995 in accordance with s.
119.15, Florida Statutes, and shall stand repealed on October 2, 2008, unless reviewed and saved
from repeal through reenactment by the Legislature."
Note.--
A. Additional exemptions from the application of this section appear in the General Index to the
Florida Statutes under the heading "Public Records." `
B. Former s. 119.07(6)(p), (y), (z), (hh).
119.0714 Court files; court records; official records.--
(1) COURT FILES.--Nothing in this chapter shall be construed to exempt from s. 119.07(1) a public
record that was made a part of a court file and that is not specifically closed by order of court,
except:
(a) A public record that was prepared by an agency attorney or prepared at the attorney's express
direction as provided in s. 119.071 (1)(d).
(b) Data processing software as provided in s. 119.071 (1)(f).
(c) Any information revealing surveillance techniques or procedures or personnel as provided in s.
119.071(2)(d).
(d) Any comprehensive inventory of state and local law enforcement resources, and any
comprehensive policies or plans compiled by a criminal justice agency, as provided in s. 119.071(2)
(d).
(e) Any information revealing the substance of a confession of a person arrested as provided in s.
119.071(2)(e).
(f) Any information revealing the identity of a confidential informant or confidential source as
provided in s. 119.071(2)(f).
(g) Any information revealing undercover personnel of any criminal justice agency as provided in s.
119.071(4)(c).
(h) Information or records that may reveal the identity of a person who is a victim of a sexual
offense as provided in s. 119.071(2)(h).
(i) Social security numbers as provided in s. 119.071(5)(a).
(j) Bank account numbers and debit, charge, and credit card numbers as provided in s. 119.071(5)
(b).
(2) COURT RECORDS.--
(a) Until January 1, 2011, if a social security number or a bank account, debit, charge, or credit
card number is 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.
(b) A request for redaction must be a signed, legibly written request specifying the case name,
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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 court. The clerk of the court
does not have a duty to inquire beyond the written request to verify the identity of a person
requesting redaction.
(c) A fee may not be charged for the redaction of a social security number or a bank account,
debit, charge, or credit card number pursuant to such request.
(d) The clerk of the court has no liability for the inadvertent release of social security numbers, or
bank account, debit, charge, or credit card numbers, unknown to the clerk of the court in court
records filed on or before January 1, 2011.
(e)1. On January 1, 2011, and thereafter, the clerk of the court must keep social security numbers
confidential and exempt as provided for in s. 119.071(5)(a), and bank account, debit, charge, and
credit card numbers exempt as provided for in s. 119.071(5)(b), without any person having to
request redaction.
2. Section 119.071(5)(a)7. and 8. does not apply to the clerks of the court with respect to court
records.
(3) OFFICIAL RECORDS.--
(a) Any person who prepares or files a record for recording in the official records as provided in
chapter 28 may not include in that record a social security number or a bank account, debit,
charge, or credit card number unless otherwise expressly required by law.
(b)1. If a social security number or a bank account, debit, charge, or credit card number is
included in an official record, such number may be made available as part of the official records
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.
2. If such record is in electronic format, on January 1, 2011, and thereafter, the county recorder
must use his or her best effort, as provided in paragraph (h), to keep social security numbers
confidential and exempt as provided for in s. 119.071(5)(a), and to keep complete bank account,
debit, charge, and credit card numbers exempt as provided for in s. 119.071(5)(b), without any
person having to request redaction.
3. Section 119.071(5)(a)7. and 8. does not apply to the county recorder with respect to official
records.
(c) The holder of a social security number or a bank account, debit, charge, or credit card
number, or the holder's attorney or legal guardian, may request that a county recorder redact from
an image or copy of an official record placed on a county recorder's publicly available Internet
website or on a publicly available Internet website used by a county recorder to display public
records, or otherwise made electronically available to the public, his or her social security number
or bank account, debit, charge, or credit card number contained in that official record.
(d) A request for redaction must be a signed, legibly written request and must be delivered by
mail, facsimile, electronic transmission, or in person to the county recorder. The request must
specify the identification page number of the record that contains the number to be redacted.
(e) The county recorder does not have a duty to inquire beyond the written request to verify the
identity of a person requesting redaction.
(f) A fee may not be charged for redacting a social security number or a bank account, debit,
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charge, or credit card number.
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(g) A county recorder shall immediately and conspicuously post signs throughout his or her offices
for public viewing, and shall immediately and conspicuously post on any Internet website or remote
electronic site made available by the county recorder and used for 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 record for recordation in the
official records may not include a social security number or a bank account, debit, charge, or
credit card number in such document unless required by law.
2. 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 recorders publicly available Internet website or on a publicly
available Internet 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. A fee may not
be charged for the redaction of a social security number pursuant to such a request.
(h) If the county recorder accepts or stores official records in an electronic format, the county
recorder must use his or her best efforts to redact all social security numbers and bank account,
debit, charge, or credit card numbers from electronic copies of the official record. The use of an
automated program for redaction shall be deemed to be the best effort in performing the
redaction and shalt be deemed in compliance with the requirements of this subsection.
(i) The county recorder is not liable for the inadvertent release of social security numbers, or bank
account, debit, charge, or credit card numbers, filed with the county recorder.
History.--s. 2, ch. 79-187; s. 1, ch. 83-286; s. 5, ch. 84-298; s. 1, ch. 85-86; s. 1, ch. 86-109; s. 2,
ch. 88-188; s. 26, ch. 90-344; s. 36, ch. 95-398; s. 7, ch. 2004-335; s. 2, ch. 2005-251; s. 2, ch.
2007-251.
Note.--Subsection (1) former s. 119.07(6).
119.084 Copyright of data processing software created by governmental agencies; sale price
and licensing fee.--
(1) As used in this section, "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.
(2) An agency is authorized to acquire and hold a copyright for data processing software created
by the agency and to enforce its rights pertaining to such copyright, provided that the agency
complies with the requirements of this subsection.
(a) An agency that has acquired a copyright for data processing software created by the agency
may sell or license the copyrighted data processing software to any public, agency or private
person. The agency may establish a price for the sale and a licensing fee for the use of such data
processing software that 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 information maintained or generated by the agency that created the copyrighted
data processing software shall be determined pursuant to s. 119.07(4).
(b) Proceeds from the sate or licensing of copyrighted data processing software shall be deposited
by the agency into a trust fund for the agency's appropriate use for authorized purposes. Counties,
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municipalities, and other political subdivisions of the state may designate how such sale and
licensing proceeds are to be used.
(c) The provisions of this subsection are supplemental to, and shall not supplant or repeat, any
other provision of law that authorizes an agency to acquire and hold copyrights.
History.--s. 1, ch. 2001-251; s. 9, ch. 2004-335; s. 1, ch. 2006-286.
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.
119.10 Violation of chapter; penalties.--
(1) Any public officer who:
(a) Violates any provision of this chapter commits a noncriminal infraction, punishable by fine not
exceeding $500,
(b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension and removal or
impeachment and, in addition, commits a misdemeanor of the first degree, punishable as provided
in s. 775.082 or s. 775.083.
(2) Any person who willfully and knowingly violates:
(a) Any of the provisions of this chapter commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
(b) Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s.
775.083, or s. 775.084.
History.--s. 10, ch. 67-125; s. 74, ch. 71-136; s. 5, ch. 85-301; s. 2, ch. 2001-271; s. 11, ch. 2004-
335.
119.105 Protection of victims of crimes or accidents.--Police reports are public records except
as otherwise made exempt or confidential. Every person is allowed to examine nonexempt or
nonconfidential police reports. A person who comes into possession of exempt or confidential
information contained in police reports may not use that information for any commercial
solicitation of the victims or relatives of the victims of the reported crimes or accidents and may
not knowingly disclose such information to any third party for the purpose of such solicitation
during the period of time that information remains exempt or confidential. This section does not
prohibit the publication of such information to the general public by any news media legally
entitled to possess that information or the use of such information for any other data collection or
analysis purposes by those entitled to possess that information.
History.--s. 1, ch. 90-280; s. 2, ch. 2003-411; s. 12, ch. 2004-335.
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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.
119.12 Attorney's fees.--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 or copied, the court shalt assess and award, against the agency responsible, the
reasonable costs of enforcement including reasonable attorneys' fees.
History.--s. 5, ch. 75-225; s. 7, ch. 84-298; s. 13, ch. 2004-335.
119.15 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 section provides for the review and repeal or reenactment of an exemption from s. 24,
Art. I of the State Constitution and s. 119.07(1) or s. 286.011. This act does not apply to an
exemption that:
(a) Is required by federal law; or
(b) Applies solely to the Legislature or the State Court System.
(3) In the 5th year after enactment of a new exemption or substantial amendment of an existing
exemption, the exemption shall be repealed on October 2nd of the 5th year, unless the Legislature
acts to reenact the exemption.
(4)(a) A law that enacts a new exemption or substantially amends an existing exemption. must
state that the record or meeting is:
1. Exempt from s. 24, Art. I of the State Constitution;
2. Exempt from s. 119.07(1) or s. 286.011; and
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3. Repealed at the end of 5 years and that the exemption must be reviewed by the Legislature
before the scheduled repeal date.
(b) For purposes of this section, an exemption is substantially amended if the amendment expands
the scope of the exemption to include more records or information or to include meetings as well
as records. An exemption is not substantially amended if the amendment narrows the scope of the
exemption.
(c) This section is not intended to repeal an exemption that has been amended following
legislative review before the scheduled repeat of the exemption if the exemption is not
substantially amended as a result of the review.
(5)(a) By June 1 in the year before the repeal of an exemption under this section, the Division of
Statutory Revision of the Office of Legislative Services shall certify to the President of the Senate
and the Speaker of the House of Representatives the language and statutory citation of each
exemption scheduled for repeal the following year.
(b) Any exemption that is not identified and certified to the President of the Senate and the
Speaker of the House of Representatives is not subject to legislative review and repeat under this
section. If the division fails to certify an exemption that it subsequently determines should have
been certified, it shall include the exemption in the following year's certification after that
determination.
(6)(a) As part of the review process, the Legislature shalt consider 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?
5. Is the record or meeting protected by another exemption?
6. Are there multiple exemptions for the same type of record or meeting that it would be
appropriate to merge?
(b) An exemption may be created, revised, or maintained only if it serves an identifiable public
purpose, and the exemption may be no broader than is necessary to meet the public purpose it
serves. An identifiable public purpose is served if the exemption meets one of the following
purposes and the Legislature finds that the 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
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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.
(7) Records made before the date of a repeat of an exemption under this section may not be made
public unless otherwise provided by law. In deciding whether the 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 (6)(b)2. or subparagraph (6)(b)3. would occur
if the records were made public.
(8) Notwithstanding 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 an exemption under this section. The failure of the
Legislature to comply strictly with this section does not invalidate an otherwise valid reenactment.
History.--s. 2, ch. 95-217; s. 25, ch. 98-136; s. 37, ch. 2005-251; s. 15, ch. 2006-1.
Disclaimer: The information on this system is unverified. The journals or printed bills of the respective chambers should be
consulted for official purposes. Copyright ®2000-2006 State of Florida.
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