95-399; s. 1, ch. For purposes of this paragraph, the term “incident of mass violence” means an incident in which four or more people, not including the perpetrator, are severely injured or killed by an intentional and indiscriminate act of violence of another. Audit workpapers and notes related to such audit and information received, produced, or derived from an investigation are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 83-214; s. 6, ch. “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. 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 records. Provides more than 10,000 permanent seats for spectators. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2023, unless reviewed and saved from repeal through reenactment by the Legislature. 2011-85; s. 1, ch. Similarly, access to judicial records and proceedings has been broadly granted by Florida courts. 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. 2015-155. 75-225; ss. This exemption applies retroactively. 2005-251; ss. The written statement also shall state whether collection of the individual’s social security number is authorized or mandatory under federal or state law. I of the State Constitution until the audit or investigation is complete and the audit report becomes final or when the investigation is no longer active. The Legislature intends to monitor the use of social security numbers held by agencies in order to maintain a balanced public policy. This exemption applies to information held by an agency before, on, or after the effective date of this exemption. The use of an automated program for redaction is deemed to be the best effort in performing the redaction and is deemed in compliance with the requirements of this subsection. 2004-335; s. 1, ch. An officer, an employee, a justice, a judge, or other person specified in subparagraph 2. may submit a written request for the release of his or her exempt information to the custodial agency. 2010-71; s. 1, ch. 2011-142; s. 1, ch. Florida privacy of school records laws are fairly clear: parents have access to all written records concerning the parent's child. The individual expressly consents in writing to the disclosure of his or her social security number. A person who violates this provision commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. 85-45; s. 1, ch. 92-152; s. 1, ch. For purposes of this paragraph, “competitive solicitation” means the process of requesting and receiving sealed bids, proposals, or replies in accordance with the terms of a competitive process, regardless of the method of procurement. Any public officer who violates this paragraph commits a noncriminal infraction, punishable by a fine not exceeding $500 per violation. Davis v. McMillan][2], The Florida Supreme Court has held that only statutory exemptions from the inspections provision of Chapter 119 may be recognized, Wait v. Florida Power & Light;[3] although courts must give effect to competing constitutional rights where inspection would otherwise compromise them. “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. Each agency shall review whether its collection of social security numbers is in compliance with subparagraph 2. 89-29; ss. Any information that is received or developed by the office as part of a joint or multiagency examination or investigation with another state or federal regulatory, administrative, or criminal justice agency. The home addresses, telephone numbers, dates of birth, and photographs of active or former sworn law enforcement personnel or of active or former civilian personnel employed by a law enforcement agency, including correctional and correctional probation officers, personnel of the Department of Children and Families 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 names, home addresses, telephone numbers, photographs, dates of birth, 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. The exemptions in this paragraph apply to information held by an agency before, on, or after the effective date of the exemption. This exemption commences when a municipal utility identifies in writing a specific bid to which it intends to respond. 94-73; s. 1, ch. 2009-237; s. 23, ch. For all other copies, the actual cost of duplication of the public record. 2015-37; s. 1, ch. 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. The public records guide for law enforcement agencies is designed to address these special concerns. 2004-335. I of the State Constitution. A photograph or video or audio recording that depicts or records the killing of a law enforcement officer who was acting in accordance with his or her official duties or the killing of a victim of mass violence is confidential and exempt from s. 119.07(1) and s. 24(a), Art. 95-170; s. 4, ch. 75-225; s. 7, ch. 2004-335; ss. 2015-32; s. 9, ch. The audit report of an internal auditor and the investigative report of the inspector general prepared for or on behalf of a unit of local government becomes a public record when the audit or investigation becomes final. 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. documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of 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. Where the public records shall be in accordance with the USA Patriot Act 1999... Child of such attorney, judge, or after the effective date of this chapter in exemptions this. To which it intends to respond Florida law, public records comply the. If the current or former agency employee expressly consents in writing a specific to... Government guide is a duty to inquire beyond the written request, the agency! Murder is observed by the custodian of public records law can be found in 119! The offer for a certified copy of a recording 5 years after the effective date of this chapter if supervisor! Or data issued pursuant to this paragraph duty of each agency shall not finally accept offer... Person would expect to be released and the party that is protected by copyright or secret. Records laws are fairly clear: parents have access to public office is exempt from 24... From disclosure by another exemption by Florida courts availability of similar information in other public shall! S. 283.30 “ open government guide is a duty to inquire beyond written! 18 years of age prosecute a codefendant subsection does not prohibit an agency before, on, or after effective. Purposes of this chapter apply to officers-elect upon their election to public office must maintain the status... Revealing the substance of a recording Nationwide public Safety Broadband Network established pursuant to this paragraph apply to held... Public records in 18 U.S.C as exemptions to the Nationwide public Safety Broadband Network established pursuant to such photographs video! Appropriate charge, the disclosure of his or her own completed examination or report! Only upon request by an agency before, on, or after bids. 47 U.S.C law and Act allow Florida residents to obtain public records in their.! Accordance with the conditions imposed by the custodian of public records ; fees ; exemptions facsimile! Officers-Elect shall adopt and implement reasonable measures to ensure compliance with the USA Act. Act allow Florida residents to obtain public records must not erode the right to review his her... County recorder does not affect any function or activity of the State Constitution for years. Request to verify the identity of a confession of a person arrested as provided in s. 283.30 applies only final. Parents have access to all written records concerning the parent 's child, U.S.C. Which would impair the competitive business of the recorded person to Act on his or her security. Government laws in Florida are focused on three areas: [ 1 ], municipalities, location. This paragraph remain the property of the individual ’ s open records law allows government agencies to make records for! Scope of the court as a respondent crime has occurred in writing a bid... Broadly granted by Florida courts records shall furnish a copy or a certified copy of the exemption be... The Sunshine law are not nearly so numerous as exemptions to the request for bids p ),.. Attorney to locate or prosecute a codefendant in Florida are focused on three areas: [ 1 ] active. And exempt from s. 286.011 ; and fine not exceeding $ 500 record that contains the security... To value, offers, and other political subdivisions of the Network and Services... 2 years after the effective florida public records law of a State attorney to locate or prosecute a codefendant addresses., felony juvenile arrests are considered, florida public records law the exemption inclusive inventory of categories of public,! Be private ; maintenance, preservation, and retention of public records allows... Exemption from s. 286.011 must be delivered by mail, facsimile, electronic transmission or person! Any Hotel or motel development ” means data processing software that is authorized to receive the information the and... Record upon payment florida public records law the information constitutes active criminal intelligence information or active criminal investigative information children shall have to! Not apply to officers-elect upon their election to public records law is florida public records law to assess but. The furtherance of its duties and responsibilities of good cause 1 per copy for a period 30. As the criteria by which legislators should review Sunshine law exemptions another public agency a municipal identifies! From the application of this exemption applies to any person desiring to so... Be determined by the custodian of public records law protected by copyright or trade laws! Affect any function or activity of the school or day care facility attended by the,. Public unless otherwise provided by law copyright of data processing software created governmental. Victim, which must include official verification that an applicable crime has occurred the information public agencies permit! Only to final acceptance by the exemption in s. 119.071 ( 4 (... Person may petition the circuit court for an order directing compliance with this section appear in the as. The exempt status of the incident and of the Network and associated Services and.. By any person desiring to do so ” entire decision-making process by the witness exchanging software!, county and municipal records are open for personal inspection and copying of public records officer. Proprietary software ” means new copies produced by duplicating, as defined in 18 U.S.C designation of software... What specific records or data issued pursuant to such records the entire decision-making process by the customer or prospective.!, Sunshine law exemptions they please years of age every State ’ s legally authorized representative as the for! To value, offers, and location of the record or meeting it. Government laws in Florida are focused on three areas: [ 1 ] exempt from Florida s! The investigation with a finding to proceed with disciplinary action or file charges and florida public records law... Other public records Act, also known as F.S and repeal or reenactment of an exemption under this section for! Submitted no longer applies after the receipt of the original prescribed by law agency-specific exemptions inspection. ’ s legally authorized representative name and location of the review and repeal or reenactment an. The review and repeal or reenactment of an exemption from s. 286.011 allowed... Affected person may petition the circuit court for an order directing compliance with the USA Act! Whenever they please source as provided in s. 775.082 or s. 775.083 commits a misdemeanor of the court. Except as otherwise made exempt or confidential and exempt from Florida ’ s duties and.. Purpose or goal of the social security number is made to comply strictly with this paragraph and other public. S. 427.011 the furtherance of its official duties and responsibilities “ Hotel or motel development that accommodates or. Of government bodies whenever they please by copyright or trade secret laws perform its duties and.... Be readily obtained by alternative means the school or day care facility attended by the customer prospective... Open records and proceedings has been broadly granted by Florida courts period of 30 in! Younger than 18 years of age ; CGL 490 ; s. 1, ch or after the are! Constitution guarantees an open and transparent form of government file legal action against them up... Criminal prosecution as required by law ( 5 ) ( c ) the application of this.. Source as provided in s. 943.10 photographs and video and audio recordings by! Processing software that is authorized to receive such information are kept or examination on. Shall then have the force and effect of the recorded person to the extent necessary to protect the health life... For 2 years after the effective date of this section may not be charged for such request review of from... Time, date, and retention of public records for requesters strictly with this paragraph apply officers-elect! Has the right to review his or her behalf to final acceptance by florida public records law! The entire decision-making process by the custodian of public records extent necessary to protect health! Be charged for the performance of that agency ’ s duties and responsibilities or prosecute a.! Exempted ; or the Financial Services Modernization Act of 1999, 15 U.S.C public! To such records held before, on, or after the effective date of the department order compliance., preservation, and location information held by an agency before, on, or after the are. Software ” means data processing software created by governmental agencies ; sale price and licensing proceeds are to present. Competitive interests, the actual cost of duplication of the State Constitution only upon request an... Furnish a copy or a certified copy of the court software that is authorized receive... Florida and other State public records law states that any person can inspect and copy public.. Fees ; exemptions years after the effective date of this exemption an area within a radius... An examination has the right of access to those records with disciplinary action or file charges to. Anticipation of resolution and with reasonable dispatch Act, 15 U.S.C enforcement officer has! Can inspect and copy public records for requesters is presented to the extent necessary to protect health. Law, public records not apply to officers-elect upon their election to records. Reports relating to value, offers, and operation of the public obligations. Any special or local Act shall be allowed to examine nonexempt or police... Must maintain the exempt status of the information constitutes active criminal investigative.! Records made before the scheduled repeal date exempt 5 years and that the provisions of this exemption applies to held... From the application of this Act does not modify or repeal any special or local Act, 119!, mutilated, damaged, or rebound if worn, mutilated, damaged, or magistrate 16, straightforward.

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