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. The home addresses, telephone numbers, dates of birth, and photographs of current or former personnel of the Department of Health whose duties include, or result in, the determination or adjudication of eligibility for social security disability benefits, the investigation or prosecution of complaints filed against health care practitioners, or the inspection of health care practitioners or health care facilities licensed by the Department of Health; the names, home addresses, telephone numbers, 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. 3, 5, ch. 2010-171; s. 1, ch. 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. “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. 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. 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. I of the State Constitution. 98-9; s. 7, ch. This section may not be used by any inmate as the basis for failing to timely litigate any postconviction action. 84-298; s. 1, ch. 2000-349; s. 1, ch. A request for redaction must be a signed, legibly written request specifying the case name, case number, document heading, and page number. Name and location of the school or day care facility attended by the child of such attorney, judge, or magistrate. The home addresses, telephone numbers, dates of birth, and photographs of current or former nonsworn investigative personnel of the Office of Financial Regulation’s Bureau of Financial Investigations whose duties include the investigation of fraud, theft, other related criminal activities, or state regulatory requirement violations; the names, home addresses, telephone numbers, 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. 1, 3, ch. 1, 2, ch. I of the State Constitution. 91-130; s. 1, ch. Pursuant to Article I, section 24 of the Florida Constitution, and chapter 119, F.S., I am requesting an opportunity to inspect or obtain copies of public records that [Describe the records or information sought with enough detail for … 88-384; s. 1, ch. 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. Building plans, blueprints, schematic drawings, and diagrams, including draft, preliminary, and final formats, which depict the structural elements of 911, E911, or public safety radio communication system infrastructure, including towers, antennae, equipment or facilities used to provide 911, E911, or public safety radio communication services, or other 911, E911, or public safety radio communication structures or facilities owned and operated by an agency are exempt from s. 119.07(1) and s. 24(a), Art. 2001-266; s. 1, ch. 2010-162; s. 4, ch. If so, how? 1, 2, ch. 1, s. 24 of the Florida Constitution, s. 11.0431, F.S., and Senate Rule 1.48. For purposes of this paragraph, the term “victim” means a person killed or injured during an incident of mass violence, not including the perpetrator. A request to inspect or copy public records relating to a public agency’s contract for services must be made directly to the public agency. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under s. 119.10. Pursuant to Chapter 119, Florida Statutes, requests for public records may be submitted in person, by mail, online submission form, email or telephonically. 3, 5, 6, 7, 8, 9, 11, 12, 14, 15, 16, 18, 20, 25, 29, 31, 32, 33, 34, ch. 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. The county recorder does not have a duty to inquire beyond the written request to verify the identity of a person requesting redaction. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 98-137; s. 1, ch. 91-57; s. 1, ch. For all other copies, the actual cost of duplication of the public record. I of the State Constitution. 2006-224; s. 1, ch. — An association which operates a community as defined in s. 720.301, must be operated by an association that is a Florida corporation.After October 1, 1995, the association must be incorporated and the initial governing documents must be recorded in the official records of the county in which the community is located. The applicable provisions of law governing public records of the Florida Senate are Art. Such request must be made in writing and delivered by mail, facsimile, or electronic transmission, or delivered in person, to the county recorder. 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 … 2001-108; s. 1, ch. 5942, 1909; RGS 424; CGL 490; s. 1, ch. The home addresses, telephone numbers, dates of birth, and photographs of current or former directors, managers, supervisors, and clinical employees of a child advocacy center that meets the standards of s. 39.3035(1) and fulfills the screening requirement of s. 39.3035(2), and the members of a Child Protection Team as described in s. 39.303 whose duties include supporting the investigation of child abuse or sexual abuse, child abandonment, child neglect, and child exploitation or to provide services as part of a multidisciplinary case review team; the names, home addresses, telephone numbers, photographs, dates of birth, and places of employment of the spouses and children of such personnel and members; and the names and locations of schools and day care facilities attended by the children of such personnel and members are exempt from s. 119.07(1) and s. 24(a), Art. “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. 90-43; s. 63, ch. 86-11; s. 1, ch. Any information furnished by a person to an agency for the purpose of being provided with emergency notification by the agency is exempt from s. 119.07(1) and s. 24(a), Art. 2004-32; ss. 96-230; s. 5, ch. The court shall determine whether the complainant requested to inspect or copy a public record or participated in the civil action for an improper purpose. 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. 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. In Florida, providing access to public records is the law. Public officials shall assist the division by preparing an inclusive inventory of categories of public records in their custody. 2016-6; s. 1, ch. 2019-12; s. 1, ch. 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. 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. 2002-391; s. 11, ch. Instead, contact this office by phone or in writing.” 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. 2004-335; ss. 2004-62; ss. Any person who willfully and knowingly violates a court order issued pursuant to this paragraph commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Are there multiple exemptions for the same type of record or meeting that it would be appropriate to merge? 2018-60; s. 1, ch. The complainant is not required to provide written notice of the public record request to the agency’s custodian of public records as provided in paragraph (1)(b) if the agency does not prominently post the contact information for the agency’s custodian of public records in the agency’s primary administrative building in which public records are routinely created, sent, received, maintained, and requested and on the agency’s website, if the agency has a website. All 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. 2019-46; s. 1, ch. 88-188; s. 1, ch. Inspection and copying of records; photographing public records; fees; exemptions. 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 •. 95-398; s. 1, ch. s. 1, ch. I of the State Constitution only upon request by an individual named in the petition as a respondent. 2018-146; s. 1, ch. As used in this paragraph, the term “security or firesafety system plan” includes all: Records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations or portions thereof relating directly to the physical security or firesafety of the facility or revealing security or firesafety systems; Threat assessments conducted by any agency or any private entity; Manuals for security or firesafety personnel, emergency equipment, or security or firesafety training. State agencies and local governments, including school boards, town councils, city commissions, county commissions, water management districts, economic development agencies, etc. Any person shall have the right of access to public records for the purpose of making photographs of the record while such record is in the possession, custody, and control of the custodian of public records. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature. 96-406; s. 2, ch. Agencies may also collect a reasonable service charge, in addition to actual cost fees, when a request for public records requires the extensive use of information technology resources and/or clerical or supervisory assistance. Every person who has custody of a public record shall permit the record to be inspected and copied by any person desiring to do so, at any reasonable time, under reasonable conditions, and under supervision by the custodian of the public records. Request for Exemption 2007-93; s. 1, ch. Stat., or other applicable statute for “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: Collect, process, store, and retrieve information that is exempt from s. 119.07(1); Collect, process, store, and retrieve financial management information of the agency, such as payroll and accounting records; or. In determining good cause, the court shall consider: Whether such disclosure is necessary for the public evaluation of governmental performance; The seriousness of the intrusion into the family’s right to privacy and whether such disclosure is the least intrusive means available; and. s. 16, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. Each agency shall review whether its collection of social security numbers is in compliance with subparagraph 2. I of the State Constitution. 2001-266; s. 1, ch. The court, upon a showing of good cause, may issue an order authorizing any person to view or copy a photograph or video 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, or to listen to or copy an 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, and may prescribe any restrictions or stipulations that the court deems appropriate. If a fee is not prescribed by law, the following fees are authorized: Up to 15 cents per one-sided copy for duplicated copies of not more than 14 inches by 8, No more than an additional 5 cents for each two-sided copy; and.

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