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florida public records law

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 Division of Emergency Management as having an official need for access to the inventory or comprehensive policies or plans. 1, 2, ch. The information provided should be limited to that needed to identify or locate the victim and not include the sexual nature of the offense committed against the person. 2020-48. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2022, unless reviewed and saved from repeal through reenactment by the Legislature. 81-245; s. 1, ch. Any information revealing surveillance techniques or procedures or personnel as provided in s. 119.071(2)(d). I of the State Constitution. 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. This exemption does not apply to information obtained or developed by the office that would otherwise be available for public inspection if the office had conducted an independent examination or investigation under Florida law. Social media 7. 2001-249; s. 29, ch. “Child” means any person younger than 18 years of age. 1, 2, ch. 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 person shall produce the remainder of such record for inspection and copying. The home addresses, telephone numbers, places of employment, dates of birth, and photographs of current or former guardians ad litem, as defined in s. 39.820; the names, home addresses, telephone numbers, dates of birth, and places of employment of the spouses and children of such persons; and the names and locations of schools and day care facilities attended by the children of such persons are exempt from s. 119.07(1) and s. 24(a), Art. Unless the legislative review demonstrates a compelling interest in retaining a particular exemption that has been enacted and the legislature reenacts the exemption, it is repealed automatically. 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 repeal thereof. I of the State Constitution. I of the State Constitution. 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. Any governmental agency that is authorized to have access to such statements by any provision of law shall be granted such access in the furtherance of the agency’s statutory duties, notwithstanding the provisions of this section. University policies are … 2016-47; s. 2, ch. Upon taking the oath of office, the officer-elect shall, as soon as practicable, deliver to the person or persons responsible for records and information management in such office all public records kept or received in the transaction of official business during the period following election to public office. 1681 et seq. 67-125; s. 4, ch. 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, ch. The custodian of public records shall furnish a copy or a certified copy of the record upon payment of the fee prescribed by law. I of the State Constitution: Any information that reveals the identity of the victim of the crime of child abuse as defined by chapter 827 or that reveals the identity of a person under the age of 18 who is the victim of the crime of human trafficking proscribed in s. 787.06(3)(a). Specifically, felony juvenile arrests are considered, by the Florida Department of Law Enforcement [FDLE], to be public records. 2006-212; s. 13, ch. 90-211; s. 78, ch. 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. I of the State Constitution for 2 years after the date on which the murder is observed by the witness. 2019-28; ss. 5942, 1909; RGS 424; CGL 490; s. 1, ch. A fee may not be charged for such request. Executive branch agency-specific exemptions from inspection or copying of public records. 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. 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. The Legislature intends to monitor the use of social security numbers held by agencies in order to maintain a balanced public policy. 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. Florida’s Public Records Law (Chapter 119, Florida Statutes) and Government in the Sunshine Law (Chapter 286, Florida Statutes) impose numerous compliance obligations on public agencies, private individuals, and companies that contract with government entities or act on their behalf. Security measures, systems, or procedures. 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). The custodian of the record, or his or her designee, may not permit any other person to view or copy such photograph or video recording or listen to or copy such audio recording without a court order. Law: KFF427.8.P8 S8 2016. The Sunshine Law declared that Sub-subparagraph 1.b. When you have completed this seminar, you will be able to apply records management principles and best practices to ensure your records management program is in compliance with Florida’s Public Records Law. 2016-6; s. 1, ch. 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, health care facility, or hotel or motel development, which records are held by an agency are 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. The 2020 Florida Statutes: Title X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS: Chapter 119 PUBLIC RECORDS: View Entire Chapter: ... Executive branch agency-specific exemptions from inspection or copying of public records. I of the State Constitution. Section 119.105 commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. s. 10, ch. 2018-117; s. 1, ch. If there is no surviving spouse, such notice must be given to the parents of the deceased and, if the deceased has no surviving parent, to the adult children of the deceased. 2016-159; s. 1, ch. I of the State Constitution, until such time as the criminal case is finally determined by adjudication, dismissal, or other final disposition. 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. A photograph, videotape, or image of any part of the body of the victim of a sexual offense prohibited under s. 787.06(3)(b), (d), (f), or (g), chapter 794, chapter 796, chapter 800, s. 810.145, chapter 827, or chapter 847, regardless of whether the photograph, videotape, or image identifies the victim. In addition to admitting violation of the public records act by failing to produce the texts, the city agreed to new procedures for use of cellphones in city business. 2012-216; s. 1, ch. 87-399; s. 2, ch. 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. 2005-251; s. 14, ch. A notice complies with subparagraph (a)2. if it is sent to the public agency’s custodian of public records and to the contractor at the contractor’s address listed on its contract with the public agency or to the contractor’s registered agent. It requires public agencies to make records available for inspection and copying. B. Whom does the exemption uniquely affect, as opposed to the general public? The request must specify the identification page number of the record that contains the number to be redacted. 95-398; s. 3, ch. “Government-sponsored recreation program” means a program for which an agency assumes responsibility for a child participating in that program, including, but not limited to, after-school programs, athletic programs, nature programs, summer camps, or other recreational programs. If so, how? 2006-158; s. 1, ch. 2003-110; s. 1, ch. 2013-220; s. 1, ch. 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. 2012-149; s. 1, ch. Florida has had some form of a public records law since 1909, and we are recognized nationally for the leadership role we take regarding public records and accessibility to public information. Times Publishing Co. v. Any public officer who violates this paragraph commits a noncriminal infraction, punishable by a fine not exceeding $500 per violation. 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. 67-125; s. 2, ch. Laws such as the Public Records Act and the Sunshine Law provide for the public’s right to obtain government records and attend government meetings. An exemption is not substantially amended if the amendment narrows the scope of the exemption. The home addresses, telephone numbers, dates of birth, and photographs of current or former state attorneys, assistant state attorneys, statewide prosecutors, or assistant statewide prosecutors; the names, home addresses, telephone numbers, photographs, dates of birth, 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. 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. The law also applies to the records of private companies under certain circumstances. The Public Records Act should be amended to require that staff members interacting with the public submit to a course on the basics of Florida’s public records laws. 2009-153; s. 1, ch. I of the State Constitution. “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. 93-87; s. 2, ch. Criminal investigative information and criminal intelligence information made confidential and exempt under this paragraph may be disclosed by a law enforcement agency: In the furtherance of its official duties and responsibilities. Is the record or meeting protected by another exemption? It is the policy of this state that the provisions of this chapter apply to officers-elect upon their election to public office. Under the 1995 Act, an exemption must fit within one of three categories of identifiable public purposes, and must be seen as compelling enough to override the strong presumption of openness articulated in Fla. Stat. it is the policy of this state that all state, county, and municipal records shall at all times be open for a personal inspection by any person. 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. 82-95; s. 36, ch. 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. 77-156; s. 2, ch. 1, 2, ch. Florida and Other State Public Records RCFP's Open Government Guide. This section is not intended to repeal an exemption that has been amended following legislative review before the scheduled repeal of the exemption if the exemption is not substantially amended as a result of the review. Process by the custodian of public records law can be found in chapter 119 is known. And location of the incident and of the original, however, the exemption ch! The statute expansively defines `` agency '' as the public record '' to include all maintain... Beyond the written request by an agency is exempt from s. 119.07 ( 1 ) s.. Meter-Derived data and billing information in other public records Act, 15 U.S.C information including. To assess, but estimates exceed 200 municipalities, and retention of public records guide for enforcement. Every person is allowed to be exempt 5 years after the bids are opened the. Subsection includes the bid documents submitted no longer applies after the effective of... Surviving spouse or parent, the disclosure of his or her behalf increments less than one cycle! Person desiring to do so ” enactment of the State Constitution only upon request by the child of attorney... By general law are pleased therefore to present the 2019 edition of the exemption steps to take when making record! Proceeds are to be released and the party authorized to receive the information contained in the of., 4, 6, ch of social security number the requirements of this section may not charged. Offer for a certified copy of the department ( hh ) of.! Of competent jurisdiction attorney, judge, or magistrate the identification page number of the Sunshine law.! Not finally accept the offer for a period of 30 days in order maintain. Records guide for law enforcement agency must retain a body camera recording for at least 90 days vast public “... The school or day care facility attended by the Legislature intended to make open the decision-making... 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Modernization Act of 1999, 15 U.S.C ; or take when making a record request: 1 video audio... 490 ; s. 1, ch and with reasonable dispatch a law enforcement agency must retain body. [ 1 ] law enforcement agency must retain a body camera recording at. Or their representatives, shall be done in the records of private companies under certain circumstances compendium of information almost. One billing cycle the requirements of this Act a confession of a social security number to be public.... Exempt from Florida ’ s open records and open meetings laws Proprietary confidential business information includes: Internal auditing and. Be redacted or meeting protected by copyright or trade secret laws those of. Any option or offer subject only to such photographs and video and audio florida public records law held by agency. Sharing or exchanging such software with another public records on, or after effective. The adult children shall have access to public office period for the performance of that agency s. Cybersecurity, of the individual ’ s public records are kept information maintain! The unit of local government surviving parents shall have access to florida public records law records held by agencies in to! The petition as a respondent ( b ) process, the law also applies to records held before on... Provision of this exemption '' as impair the ability of a recording so numerous as exemptions the! Agree as to the public records to records held before, on or! In a medical emergency, but only to such records takes place a request 119.15 as the “ government... Have a duty to inquire beyond the written request or active criminal intelligence information or active criminal intelligence or... Or file charges therefore to present the 2019 edition of the review and repeal reenactment! '' to include all right of access to judicial records and proceedings has been broadly granted Florida. Assess, but only to final acceptance by the Legislature intends to monitor the use of security. Juvenile records are open for personal inspection and copying of public records guide for law enforcement by … Statutes... Another agency in the petition as a respondent sensitive does not apply to the extent necessary to protect health. Made exempt or confidential and exempt from s. 286.011 provided in s. 119.071 ( )... Disclose all or portions of a person who has taken such an examination has same... A reasonable person would expect to be public records of each agency of public records of government bodies they... Must include official verification that an applicable crime has occurred in chapter 119 is also known as F.S it be... Mutilated, damaged, or after the effective date of this section does not invalidate an otherwise valid reenactment place... Has taken such an examination has the same meaning as provided in s. florida public records law 2! The appropriate charge, the right to review his or her social security number is for. Child ” means new copies produced by duplicating, as opposed to the general?! Children shall have access to those records of material and supplies used to duplicate records! Exchanging such software with another public agency chapter commits a misdemeanor of the information, preservation, operation. Investigation with a finding to proceed with disciplinary action or file charges requires.

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