2018-2. 2004-335; s. 1, ch. 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. E-mail addresses collected by the Department of Highway Safety and Motor Vehicles pursuant to s. 319.40(3), s. 320.95(2), or s. 322.08(10) are exempt from s. 119.07(1) and s. 24(a), Art. 43, 45, ch. Impair the ability of a state attorney to locate or prosecute a codefendant. 95-170; s. 4, ch. 2005-236; ss. I of the State Constitution: Information related to the security of the technology, processes, or practices of a utility owned or operated by a unit of local government that are designed to protect the utility’s networks, computers, programs, and data from attack, damage, or unauthorized access, which information, if disclosed, would facilitate the alteration, disclosure, or destruction of such data or information technology resources. A petition, and the contents thereof, for an injunction for protection against domestic violence, repeat violence, dating violence, sexual violence, stalking, or cyberstalking that is dismissed without a hearing, dismissed at an ex parte hearing due to failure to state a claim or lack of jurisdiction, or dismissed for any reason having to do with the sufficiency of the petition itself without an injunction being issued before July 1, 2017, is exempt from s. 119.07(1) and s. 24(a), Art. ss. (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 … 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. Payments by the responsible agency may include only the reasonable costs of enforcement, including reasonable attorney fees, directly attributable to a civil action brought to enforce the provisions of this chapter. 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. 2003-157; ss. Every person is allowed to examine nonexempt or nonconfidential police reports. I of the State Constitution. 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. 2008-57; s. 1, ch. 85-18; s. 1, ch. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright © 1995-2021 The Florida Legislature •. 2001-249; s. 29, ch. All exemptions to the Public Records Law can be found in the Florida Statutes. A request for redaction must be a signed, legibly written request specifying the case name, case number, document heading, and page number. 98-137; s. 1, ch. 2013-109; s. 3, ch. If a person depicted in the recording is deceased, the term also means the personal representative of the estate of the deceased person; the deceased person’s surviving spouse, parent, or adult child; the deceased person’s attorney or agent; or the parent or guardian of a surviving minor child of the deceased. 86-11; s. 1, ch. 85-301; s. 2, ch. I of the State Constitution. 77-75; s. 2, ch. 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. Provides parking spaces for more than 1,000 motor vehicles; or. 2000-164; s. 54, ch. 95-320; ss. Counties, municipalities, and other political subdivisions of the state may designate how such sale and licensing proceeds are to be used. This paragraph applies only to such photographs and video and audio recordings held by an agency. Information made exempt by this paragraph may be disclosed: To another governmental entity if disclosure is necessary for the receiving entity to perform its duties and responsibilities; To a licensed architect, engineer, or contractor who is performing work on or related to the building, arena, stadium, water treatment facility, or other structure owned or operated by an agency; or. 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. 2002-391; s. 11, ch. 79-187; s. 1, ch. 2019-28; ss. 2011-202; s. 1, ch. In a medical emergency, but only to the extent necessary to protect the health or life of the individual. General exemptions from inspection or copying of public records. 2001-87; s. 1, ch. 98-136; s. 37, ch. Criminal investigative information shall be considered “active” as long as it is related to an ongoing investigation which is continuing with a reasonable, good faith anticipation of securing an arrest or prosecution in the foreseeable future. s. 1, ch. The request must specify the identification page number that contains the social security number to be redacted. 2019 Florida Statutes < Back to Statute Search. 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. 2017-21. Occupies a site of 100 acres or more, but excluding wholesale facilities or plants that primarily serve or deal onsite with the general public. 32, 33, ch. In response to criticisms that Florida's public records law had been undermined by the many exemptions, the Florida Legislature enacted the Open Government Sunset Review Act … For purposes of this exemption, “dependent child” has the same meaning as in s. 409.2554. For purposes of this paragraph, the term “public safety radio” is defined as the means of communication between and among 911 public safety answering points, dispatchers, and first responder agencies using those portions of the radio frequency spectrum designated by the Federal Communications Commission under 47 C.F.R. 2010-171; s. 1, ch. 2003-1; s. 1, ch. 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. Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS. 92-289; s. 217, ch. If requested by the person seeking to inspect or copy the record, the custodian of public records shall state in writing and with particularity the reasons for the conclusion that the record is exempt or confidential. 850410- -7676, email at . For purposes of this subsection, the term: “Commercial activity” means the permissible uses set forth in the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. 75-225; ss. 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. 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. 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). 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. s. 1, ch.

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