Florida Statute Chapter 194 (2019)GOVERNMENT -IN -THE -SUNSHINE -MANUAL
accordance with such terms and conditions and shall be exempt from s. 119.07(1) to the extent
necessary to meet the terms and conditions for a nonpublic manuscript or other archival material.
Section 257.38(4), F.S. -- Any nonpublic manuscript or other archival material that is
donated to and held by an official archive of a municipality or county contingent upon special
terms and conditions that limit the right to inspect or copy such material is confidential and
exempt from disclosure requirements except as otherwise authorized in the special conditions.
Such nonpublic manuscript or archival material shall be made available for inspection and
copying 50 years after the date of the creation of the nonpublic manuscript or material, at an
earlier date specified in the special terms and conditions, or upon a showing of good cause before
a court of competent jurisdiction.
Section 265.605(2), F.S. -- Information which, if released, would identify donors and
amounts contributed by donors to the Cultural Endowment Program Trust Fund, or to the local
organization's matching fund, is, at the request of the donor, confidential and exempt from s.
119.070). Information which, if released, would identify prospective donors is confidential and
exempt unless the name has been obtained from another organization or source.
Section 265.7015, F.S. -- If a donor or prospective donor of a donation made for the
benefit of a publicly owned performing arts center, as defined in the exemption, desires to remain
anonymous, information that would identify the name, address, or telephone number of that
donor or prospective donor is confidential and exempt.
Section 265.703(3), F.S. -- Information of the Museum of Florida History citizen support
organization which is confidential and exempt pursuant to s. 267.17 shall retain its confidential
and exempt status.
Section 267.076, F.S. -- Information identifying a donor or prospective donor to a
publicly owned house museum designated by the United States Department of the Interior as a
National Historic Landmark who desires to remain anonymous is confidential and exempt.
Section 267.135, F.S. -- Information identifying the location of an archaeological site
held by the Division of Historical Resources of the Department of State is exempt from public
disclosure if the division finds that disclosure will create a substantial risk of harm, theft, or
destruction at such site.
Section 267.17(3), F.S. -- The identity of donors who desire to remain anonymous shall
be confidential and exempt from s. 119.07(1), and that anonymity shall be maintained in the
auditor's report of a citizen support organization to the Division of Historical Resources of the
Department of State.
Section 267.1732(8), F.S. -- The identity of a donor or prospective donor of property to a
direct -support organization of the University of West Florida which is established to support the
historic preservation efforts of the university, who desires to remain anonymous, is confidential
and exempt from disclosure; and that anonymity must be maintained in the auditor's report.
Section 267.1736(9), F.S. -- Any information identifying a donor or prospective donor to
the direct -support organization, authorized by the University of Florida to assist it in the historic
preservation of the City of St. Augustine, who desires to remain anonymous, is confidential and
exempt, and that anonymity must be maintained in the auditor's report.
Section 279.11(1), F.S. -- Records with regard to ownership of, or security interests in,
registered public obligations are confidential and exempt from s. 119.07(1).
Section 280.16(3), F.S. -- Any information contained in a report of a qualified public
depository required under this chapter or any rule adopted under this chapter, together with
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any information required of a financial institution that is not a qualified public depository, is, if
made confidential by any law of the United States or of this state, confidential and exempt from
s. 119.07(1) and not subject to dissemination to anyone other than the Chief Financial Officer
under this chapter.
Section 281.301, F.S. -- The following are confidential and exempt from ss. 119.07(1)
and 286.011: Information relating to the security or firesafety systems for any property owned
by or leased to the state or any of its political subdivisions; information relating to the security
systems for any privately owned or leased property which is in the possession of any agency as
defined in s. 119.011(2); and all meetings relating directly to or that would reveal such systems
or information. Information may be disclosed as provided in the exemption.
Section 282.318(4) (d) (e) (g) (j), F.S. -- The following information is confidential and
exempt and may not be disclosed except as provided in the subsection: risk assessment information
to determine security threats to data, information, and information technology resources of
the agency; internal policies and procedures to assure the security of the data and information
technology resources that, if disclosed, could facilitate the unauthorized modification, disclosure,
or destruction of data, information, or information technology resources; and results of
periodic internal audits and evaluations of the information technology security program for
an agency's data and information technology resources. Records held by a state agency which
identify detection, investigation, or response practices for suspected or confirmed information
technology breaches, if the disclosure of such records would facilitate unauthorized access to
or unauthorized modification, disclosure, or destruction of data or information technology
resources, are confidential and exempt. Disclosure is authorized as provided in the exemption.
Section 282.318(5), F.S. -- Portions of risk assessments and other reports of a state
agency's information technology security system are confidential and exempt if disclosure would
facilitate unauthorized access to or unauthorized modification, disclosure or destruction of
data or information as described in the exemption. Disclosure is authorized as provided in the
exemption.
Section 284.40(2), F.S. -- Claims files maintained by the Division of Risk Management
of the Department of Financial Services are confidential, and shall be only for the use of the
Department of Financial Services in fulfilling its duties and are exempt from s. 119.07(1).
NOTE: DUETOSPACELIMITATIONS,THEEXEMPTIONS
FROM DISCLOSURE FOUND IN CHAPTER 286 ARE
NOT SUMMARIZED IN THIS APPENDIX. THE TEXT OF
THESE EXEMPTIONS IS CONTAINED IN APPENDIX B
(SUNSHINE LAW AND RELATED STATUTES).
Section 287.0595 (3), F.S. -- Bids submitted to the Department of Environmental
Protection for pollution response action contracts are confidential and exempt from s. 119.07 (1),
until selection of a bidder on such contract has been made and a contract signed or until the bids
are no longer under active consideration.
Section 288.047(5)(e), F.S. -- Information relating to wages and performance of
participants which is submitted pursuant to a grant agreement prepared by CareerSource Florida,
Inc., pursuant to the Quick -Response Training Program which, if released, would disclose the
identity of the person to whom the information pertains or the person's employer is confidential
and exempt from s. 119.070).
Section 288.047(7), F.S. -- In providing instruction pursuant to the Quick -Response
Training Program, materials relating to methods of manufacture or production, potential trade
secrets, business transactions, or proprietary information received or discovered by employees of
specified agencies are confidential and exempt from s. 119.07(1).
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Section 288.075, F.S. -- If a private entity requests in writing before an economic incentive
agreement is signed that an economic development agency (EDA) maintain the confidentiality of
information concerning the plans, intentions, or interests of the private entity to locate, relocate
or expand its business activities in Florida, the information is confidential and exempt from
disclosure for 12 months after the EDA receives a request for confidentiality or the information
is otherwise disclosed, whichever occurs first. An EDA may extend the period of confidentiality
for up to an additional 12 months under certain conditions. If a final project order for a signed
economic development agreement is issued, then the information remains confidential and
exempt for 180 days after the final project order is issued, until a date specified in the final project
order, or until the information is otherwise disclosed, whichever occurs first. However, such
confidentiality may not extend beyond the period of confidentiality established in the exemption.
Trade secrets and the federal employer identification number, reemployment assistance account
number, or Florida sales tax registration number held by an EDA are confidential and exempt,
as well as other records as described in the exemption. Specified information held by an EDA
relating to a specific business participating in an economic incentive program is no longer
confidential or exempt 180 days after a final project order for an economic incentive agreement is
issued, until a date specified in the final project order, or if the information is otherwise disclosed,
whichever occurs first.
Section 288.1226(7), F.S. -- The identity of a donor or prospective donor to the Florida
Tourism Industry Marketing Corporation who desires to remain anonymous and all information
identifying such donor or prospective donor are confidential and exempt from disclosure, and
such anonymity shall be maintained in the auditor's report.
Section 288.1226(9), F.S. -- The identity of any person who responds to a marketing or
advertising research project conducted by the Florida Tourism Industry Marketing Corporation
pursuant to this section, and trade secrets, as defined by s. 812.081, obtained pursuant to such
research, are exempt from disclosure.
Section 288.776(3)(d), F.S. -- Personal financial records, trade secrets or proprietary
information of applicants for loans extended by the Florida Export Finance Corporation are
confidential and exempt from s. 119.07(1).
Section 288.809(4), F.S. -- The identity of a donor or prospective donor to the Florida
Intergovernmental Relations Foundation who desires to remain anonymous and all information
identifying such donor or prospective donor are confidential and exempt from disclosure, and
such anonymity shall be maintained in the auditor's report of the foundation.
Section 288.9520, F.S. -- Materials that relate to methods of manufacture or production,
potential trade secrets, potentially patentable material, actual trade secrets, business transactions,
financial and proprietary information and agreements or proposals to receive funding that are
received, generated, ascertained, or discovered by Enterprise Florida, Inc., including its affiliates
and participants, are confidential and exempt from disclosure, except that a recipient of Enterprise
Florida, Inc., research funds shall make available, upon request, the title and description of the
project, the name of the researcher, and the amount and source of funding provided for the
project.
Section 288.9607(5), F.S. -- Personal financial records, trade secrets or proprietary
information of applicants delivered to or obtained by the Florida Development Finance
Corporation are confidential and exempt from s. 119.07(1).
Section 288.9626(2) and (3), F.S. -- The following records held by the Florida
Opportunity Fund are confidential and exempt: materials relating to methods of manufacture
or production, potential trade secrets, or patentable material received, generated, ascertained, or
discovered during the course of research or through research projects and that are provided by
a proprietor; information that would identify an investor or potential investor who desires to
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remain anonymous in projects reviewed by the Fund; as well as proprietary confidential business
information regarding alternative investments for 7 years after the termination of the alternative
investment. That portion of the meeting of the board of the Fund at which such confidential
information is discussed is confidential and exempt; the exempt portion of the meeting shall be
recorded and transcribed as provided therein. The transcript and minutes of the exempt meeting
are confidential.
Section 288.9627(2) and (3), F.S. -- The following records held by the Institute for the
Commercialization of Florida Technology are confidential and exempt: materials relating to
methods of manufacture or production, potential trade secrets, or patentable material received,
generated, ascertained, or discovered through research by universities and other publicly supported
organizations in this state and that are provided to the Institute by a proprietor; information that
would identify an investor or potential investor who desires to remain anonymous in projects
reviewed by the Institute for assistance; information received from a person in another state or
the Federal Government which is otherwise confidential or exempt by law of that entity; and
proprietary confidential business information for 7 years after the termination of the Institute's
financial commitment to the company. That portion of the meeting of the board of the Institute
at which such confidential information is discussed is confidential and exempt; the exempt
portion of the meeting shall be recorded and transcribed as provided therein. The transcript and
minutes of the exempt meeting are confidential.
Section 288.985, F.S. -- Specified information held by the Florida Defense Support Task
Force relating to selection criteria for the realignment and closure of military bases and missions
is exempt and that portion of Task Force meetings where exempt records are presented and
discussed is exempt as well as records generated during the closed meeting.
Section 292.055(9), F.S. -- Any information identifying a donor or prospective donor
to the Department of Veterans' Affairs direct -support organization who desires to remain
anonymous is confidential and exempt; portions of meetings of the direct -support organization
during which the identity of such donor or potential donor is discussed are exempt.
Section 296.09(1), F.S. -- The health record and annual reevaluation of residents of the
Veterans' Domiciliary Home of Florida are confidential and exempt from disclosure and must be
preserved for a period of time as determined by the director.
Section 310.102(3) (e) and (5) (a), F.S. -- Except as otherwise provided in the section,
all information obtained by the probable cause panel of the Board of Pilot Commissioners from
the consultant as part of an approved treatment program for impaired licensees is confidential
and exempt. Except as otherwise provided in the section, all information obtained by the
consultant and the Department of Business and Professional Regulation pursuant to this section
is confidential and exempt.
Section 311.13, F.S. -- Seaport security plans created pursuant to s. 311.12 are exempt
from public disclosure. Materials that depict critical seaport operating facilities are also exempt
if the seaport reasonably determines that such items contain information that is not generally
known and that could jeopardize seaport security. The exemption does not apply to information
relating to real estate leases, layout plans, blueprints, and information related thereto.
Section 315.18, F.S. -- Any proposal or counterproposal exchanged between a deepwater
port listed in s. 311.09(l) and any nongovernmental entity, relating to the sale, use or lease of land
or of port facilities, and any financial records submitted by any nongovernmental entity to such a
deepwater port for the purpose of the sale, use or lease of land or of port facilities, are confidential
and exempt from disclosure until 30 days before such proposal or counterproposal is considered
for approval by the governing body of the deepwater port. If no proposal or counterproposal is
submitted to the governing body, the proposal or counterproposal shall cease to be exempt 90
days after the cessation of negotiations.
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Section 316.066(2)(a), F.S. -- Except as otherwise provided in the exemption, crash
reports that reveal the identity, home or employment telephone number or home or employment
address of, or other personal information concerning the parties involved in the crash and that are
held by an agency that regularly receives or prepares information from or concerning the parties
to motor vehicle crashes are confidential and exempt from public disclosure requirements for a
period of 60 days after the date the report is filed.
Section 316-0777(2)(3), F.S. -- Certain images and data obtained through the use of an
automated license plate recognition system and personal identifying information of an individual
in data generated from such images are confidential and exempt. Disclosure is authorized in
specified circumstances.
Section 320.025(3), F.S. -- All records relating to the registration application of a law
enforcement agency, Attorney General's Medicaid Fraud Control Unit, or public defender's
office for motor vehicle or vessel registration and license plates or decals issued under fictitious
names, are exempt from s. 119.07(1) as long as the information is retained by the Department of
Highway Safety and Motor Vehicles.
Section 320.05(2), F.S. -- Information on motor vehicle or vessel registration records of
the Department of Highway Safety and Motor Vehicles shall not be made available to a person
unless the person requesting the information furnishes positive proof of identification.
Section 322.125(3) and (4), F.S. -- When a member of the Medical Advisory Board
acts directly as a consultant to the Department of Highway Safety and Motor Vehicles, a board
member's individual review of the physical and mental qualifications of a licensed driver or
applicant is exempt from s. 286.011. Reports received or made by the board or its members
for the purpose of assisting the department in determining whether a person is qualified to be
licensed are for confidential use of the board or department and may not be divulged to any
person except to the driver or applicant or used as evidence in any trial except proceedings under
s. 322.271 or s. 322.31.
Section 322.126(3), F.S. -- Disability reports are confidential and exempt from s.
119.07(1) and may be used solely for the purpose of determining the qualifications of any person
to operate a motor vehicle.
Section 322.142(4), F.S. -- Reproductions of color photographic or digital imaged licenses
may be made and issued only for the purposes set forth in the subsection and are exempt from
s. 119.07(1).
Section 322.20(3), F.S. -- The release by the Department of Highway Safety and Motor
Vehicles of the driver history record, with respect to crashes involving a licensee, shall not include
any notation or record of the occurrence of a motor vehicle crash unless the licensee received a
traffic citation as a direct result of the crash, and to this extent such notation or record is exempt
from s. 119.07(1).
Section 322.20(9), F.S. -- The Department of Highway Safety and Motor Vehicles shall
furnish without charge specified driver license information from its records to the courts for the
purpose of jury selection or to any state agency, state attorney, sheriff or chief of police. Such
court, state agency, state attorney, or law enforcement agency may not sell, give away, or allow the
copying of such information.
Section 324.242, F.S. -- Information as set forth in the exemption that pertains to personal
injury protection and property damage liability insurance policies held by the Department
of Highway Safety and Motor Vehicles is confidential and exempt. Specified disclosures are
authorized as set forth in the exemption.
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Section 328.40(3), F.S. -- All records kept or made by the Department of Highway Safety
and Motor Vehicles under the vessel registration law are public records except for confidential
reports.
Section 331.22, F.S. -- Airport security plans of an aviation authority or aviation
department of a county or municipality which operates an international airport are exempt from
disclosure. In addition, except as otherwise provided in the section, specified materials that depict
critical airport operating facilities are exempt to the extent that the authority or department
which operates an airport determines that such information is not generally known and could
jeopardize the security of the airport.
Section 331.326, F.S. -- Information held by Space Florida which is a trade secret, as
defined in s. 812.081, is confidential and exempt from disclosure and may not be disclosed.
Any meeting or portion of a meeting of Space Florida's board is exempt from open meetings
requirements when the board is discussing trade secrets. Any public record generated during the
closed portions of the meetings, is confidential and exempt.
Section 334.049(4), F.S. -- Information obtained by the Department of Transportation
as a result of research and development projects and revealing a method of process, production,
or manufacture which is a trade secret as defined by s. 688.002, is confidential and exempt from
s. 119.07(1).
Section 337.14(1), F.S. -- Financial information required by the Department of
Transportation pursuant to this subsection shall be confidential and exempt.
Section 337.162, F.S. -- Complaints submitted to the Department of Business and
Professional Regulation and maintained by the Department of Transportation pursuant
to this section relating to alleged violations of state professional licensing laws or rules shall
be confidential and exempt. Any complaints submitted to the Department of Business and
Professional Regulation are confidential and exempt.
Section 337.168, F.S. -- The Department of Transportation's official project cost estimates
and potential bidders' identities are confidential and exempt from s. 119.07(1) for a limited
period of time as prescribed therein. The department's bid analysis and monitoring system is
confidential and exempt from s. 119.07(1).
Section 338.155 (6), F.S. -- Personal identifying information held by the Department of
Transportation, a county, a municipality, or an expressway authority for the purpose of paying,
prepaying, or collecting tolls and associated charges due for the use of toll facilities is exempt
from s. 119.07(1).
Section 339.0805(1)(c), F.S. -- The application and financial information required for
certification by the Department of Transportation as a socially and economically disadvantaged
business enterprise are confidential and exempt from s. 119.07(1).
Section 339.55(10)(a), F.S. — Financial information, as defined in the exemption, of a
private entity applicant required by the Department of Transportation as part of the application
process for loans or credit enhancements from the state -funded infrastructure bank is exempt
from s. 119.07(1). The exemption does not apply to records of an applicant who is in default of
a loan issued under this section.
Section 341.0521, F.S. -- Personal identifying information held by a public transit
provider for the purpose of facilitating the prepayment of transit fares or the acquisition of a
prepaid transit fare card or similar device is exempt from disclosure.
Section 350.121, F.S. -- Any records obtained by the Public Service Commission pursuant
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to an inquiry are confidential and exempt from s. 119.07(1) while such inquiry is pending. If,
at the conclusion of an inquiry the commission undertakes a formal proceeding, any matter
determined by the commission or by a court or administrative agency to be trade secrets or
confidential proprietary business information coming into its possession pursuant to such inquiry
shall be confidential and exempt.
Section 364.107, F.S. -- Personal identifying information of a participant in a
telecommunications carrier's Lifeline Assistance Plan under s. 364.10 held by the Public Service
Commission is confidential and exempt except as provided therein.
Section 364.183, F.S. -- Records provided by a telecommunications company to the Public
Service Commission which are found by the commission to constitute proprietary confidential
business information as defined in the section shall be confidential and exempt from s. 119.07(1).
Section 365.171(12) (a) and (b), F.S. -- Any record, recording, or information, or portions
thereof, obtained by a public agency or public safety agency for the purpose of providing emergency
services and which reveals the name, address, telephone number, or personal information about,
or information which may identify any person requesting emergency service or reporting an
emergency by accessing an emergency communications E911 system is confidential and exempt
from public disclosure requirements except that such record or information may be disclosed to
a public safety agency. The exemption applies only to the name, address, telephone number, or
personal information which may identify any person requesting emergency services or reporting
an emergency while such information is in the custody of the public agency or public safety agency
providing emergency services. However, disclosure of the location of a coronary emergency to
a private person or entity that owns an automated external defibrillator is authorized in some
circumstances, as set forth in the exemption.
Section 365.174, F.S. -- Proprietary confidential business information, as defined in the
exemption, that is submitted by a wireless service provider to the E911 Board, the Department
of Management Services technology office, or the Department of Revenue, is confidential and
exempt from s. 119.07(1) and may not be disclosed except as provided in the exemption.
Section 366.093, F.S. -- Records provided by a public utility company to the Public
Service Commission which, upon the request of the public utility or any person, are found by the
commission to constitute proprietary confidential business information as defined in the section
shall be confidential and exempt from s. 119.07(1).
Section 367.156, F.S. -- Records provided by a water or wastewater utility to the Public
Service Commission which, upon the request of the utility or any person, are found by the
commission to constitute proprietary confidential business information as defined in the section
shall be confidential and exempt from s. 119.07(1).
Section 368.108, F.S. -- Records provided by a natural gas transmission company to the
Public Service Commission which, upon the request of the company or any other person, are
found by the commission to constitute proprietary confidential business information as defined
in the section shall be confidential and exempt from s. 119.070).
Section 373.089(1)(b) (c), F.S. — A written valuation of land determined to be surplus by
the governing board of a water management district pursuant to this section; related documents
used to form, or which pertain to, the valuation; and written offers to purchase such land are
confidential and exempt. The exemption expires 2 weeks before the contract or agreement
regarding the purchase, exchange, or disposal of the surplus land is first considered by the district.
Before expiration of the exemption, disclosure is authorized as provided in the exemption.
Section 373.139(3)(a), F.S. -- Appraisal reports, offers, and counteroffers for the
acquisition of real property by water management districts created under Ch. 373 are confidential
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and exempt from s. 119.07(1) until an option contract is executed, or, if no option contract is
executed, until 30 days before a contract or agreement for purchase is considered for approval by
the governing board. However, disclosure is authorized under some circumstances as described
in the subsection. If negotiations are terminated by the district, the appraisal report, offers and
counteroffers shall become available pursuant to s. 119.07(1).
Section 373.69ArticleXIII(a)(8) and (9), F.S. -- The mediator selected by parties to
the Apalachicola -Chattahoochee -Flint River Basin Compact shall not divulge confidential
information disclosed to the mediator by the parties or by witnesses in the course of the mediation.
All records received by a mediator while serving as mediator shall be considered confidential and
each party to the mediation shall maintain the confidentiality of the information.
Section 377.075(4)(f), F.S. -- Company data collected by the State Geologist from
specified agencies may be maintained as confidential subject to the same requirements as that
required by the federal agency of jurisdiction or, if no specific language exists in federal law, the
confidential period shall not exceed 10 years.
Section 377.22(2) (h), F.S. -- Information required by this paragraph relating to oil and gas
resources, at the request of the operator, shall be exempt from s. 119.070) and held confidential
by the Division of Resource Management of the Department of Environmental Protection for a
period of 1 year after the completion of a well.
Section 377.2408(3), F.S. -- Any information relating to the location of the geophysical
operation and other information relating to leasing plans, exploration budgets, and other
proprietary information that could provide an economic advantage to competitors shall be kept
confidential by the Department of Environmental Protection for 10 years and exempt from s.
119.070), and shall not be released to the public without the consent of the person submitting
the application to conduct geophysical operations.
Section 377.2409, F.S. -- Information on geophysical activities conducted on state-
owned mineral lands received by the Division of Resource Management of the Department
of Environmental Protection pursuant to this section shall, upon the request of the person
conducting the activities, be held confidential for 10 years and shall be exempt from disclosure.
Section 377.2421(2), F.S. -- Geologic data which is maintained by the Division of
Resource Management of the Department of Environmental Protection pursuant to this section
shall be subject to the same confidentiality requirements that are required by the federal agency
and are exempt from s. 119.07(1) to the extent necessary to meet federal requirements.
Section 377.2424(3), F.S. -- The Department of Environmental Protection shall share
geophysical permit information with a county or municipality upon request and may, on its
own initiative, share such information with a county or municipality. However, the county
or municipality shall maintain the confidential status of such information, as required by s.
377.2408(3) and such information is exempt from s. 119.07(1).
Section 377.606, F.S. -- Proprietary information obtained by the Department of
Agriculture and Consumer Services as the result of a required report, investigation, or verification
relating to energy resources shall be confidential and exempt from s. 119.07(1) if disclosure
would be likely to cause substantial harm to the competitive position of the person providing the
information and the provider has requested confidentiality.
Section 377.701(4), F.S. -- No state employee may divulge or make known in any
manner any proprietary information under the Petroleum Allocation Act, if the disclosure of such
information would be likely to cause substantial harm to the competitive position of the person
providing such information and if the person requests that such information be held confidential,
except in accordance with a court order, or in the publication of statistical information compiled
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by methods which would not disclose the identity of individual suppliers or companies. Such
proprietary information is confidential and exempt from s. 119.07(1).
Section 378.208(5), F.S. -- The Department of Environmental Protection may adopt
rules to require mine operators to submit a copy of their most recent annual financial statements.
The financial statement, except for a financial statement that is a public record in the custody
of another governmental agency, shall be confidential and exempt from s. 119.07, and the
department shall ensure the confidentiality of such statements.
Section 378.406(1)(a), F.S. -- Any information relating to prospecting, rock grades,
or secret processes or methods of operation which may be required, ascertained, or discovered
by inspection or investigation shall be exempt from s. 119.07(1) if the applicant requests the
Department of Environmental Protection to keep such information confidential and informs
the department of the basis for such confidentiality. Should the secretary determine that such
information shall not be confidential, the secretary shall provide notice of his or her intent to
release the information.
Section 379.223(3), F.S. -- The identity and all information identifying a donor or
prospective donor to a citizen support organization established by the Fish and Wildlife
Conservation Commission who desires to remain anonymous is confidential and exempt from
disclosure, and such anonymity shall be maintained in the auditor's report of the citizen support
organization.
Section 379.362(6), F.S. -- Except as provided in the exemption, reports required of
wholesale dealers regarding saltwater products are confidential and exempt from s. 119.07(1).
Section 381.0031(6), F.S. -- Information submitted in reports of diseases of public health
significance to the Department of Health as required by this section is confidential and exempt
from s. 11 9.07(l), and shall be made public only when necessary to public health.
Section 381.004(2), (3), (4), and (5), F.S. -- Except as otherwise provided, human
immunodeficiency virus test results, and the identity of any person upon whom a test has been
performed, are confidential and exempt from s. 119.07(1). No person to whom the results of a
test have been disclosed pursuant to this section may disclose the results to another person except
as authorized in the section. Such confidential information is exempt from s. 119.07(1).
Section 381.0041(9), F.S. -- All blood banks shall be governed by the provisions of s.
381.004(2) relating to confidentiality of HIV test results and the identity of test subjects.
Section 381.0055(1) and (2), F.S. -- Information which is confidential by operation of
law and which is obtained by the Department of Health and the health agencies specified in this
section relating to quality assurance activities shall retain its confidential status and be exempt
from s. 119.07(1). Such information which is obtained by a hospital or health care provider from
the department or health agencies pursuant to this section shall retain its confidential status and
be exempt from s. 119.07(1).
Section 381.0055(3), F.S. -- Portions of meetings, proceedings, reports and records of
the Department of Health and the health agencies set forth in this section, which relate solely to
patient care quality assurance and where specific persons or incidents are discussed are confidential
and exempt from s. 286.011, and are confidential and exempt from s. 119.07(1).
Section 381.0056(4) (a)16., F.S. -- Provisions in the school health services plan developed
pursuant to this section for maintenance of health records of individual students must be in
accordance with s. 1002.22, relating to confidentiality of student records.
Section 381.775, F.S. -- Except as provided in the exemption, all oral and written records,
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information, letters, and reports received, made, or maintained by the Department of Health
relative to any applicant for or recipient of services under the brain and spinal cord injury
program are privileged, confidential, and exempt from s. 119.07(1). The in camera proceeding
before designated officials to determine whether records are relevant to an inquiry and should be
released and all records relating thereto are confidential and exempt from s. 119.07(1).
Section 381.82(3)(d), F.S. -- Research grant applications provided to the Alzheimer's
Disease Research Grant Advisory Board and any records generated by the board relating to review
of such applications, except final recommendations, are confidential. Those portions of a meeting
during which applications are discussed are exempt, but the closed portions must be recorded.
Section 381.83(1), F.S. -- Trade secrets as defined in s. 812.081 obtained by the
Department of Health pursuant to Ch. 381 relating to public health are confidential and exempt
from disclosure except as provided in the section. The person submitting such trade secret
information must request that it be kept confidential and inform the department of the basis for
the claim of trade secret. The department shall determine whether the information, or portions
thereof, is a trade secret.
Section 381.8531, F.S. -- The following information held by the Florida Center for Brain
Tumor Research is confidential and exempt from disclosure requirements: Any information
received from an individual from another state or nation or the federal government that is
otherwise confidential or exempt. Personal identifying information of a donor to the central
repository or the brain tumor registry is also confidential and exempt from disclosure.
Section 381.92201(1), (2), and (3), F.S. -- Records relating to biomedical research grant
applications presented to the peer review panel are confidential and exempt; that portion of a
peer review panel in which grant applications under cited statutes are discussed is exempt from
public meetings requirements; and records generated by the peer review panel relating to review
of such applications, except final recommendations, are confidential and exempt. Also published
at s. 215.56021, F.S.
Section 381.95(1), F.S. -- Information identifying or describing the name, location,
pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of
individual medical facilities, storage facilities, or laboratories established, maintained, or regulated
by the Department of Health as part of the state's plan of defense against terrorism is exempt from
public disclosure requirements.
Section 381.987(1) (2) (3), F.S. -- The following information held by the Department
of Health is confidential and exempt: A patient's or caregiver's personal identifying information
held by the Department of Health in the medical marijuana use registry established under s.
381.986, F.S., and all personal identifying information pertaining to the physician certification
for marijuana and the dispensing thereof. Access is authorized under circumstances set forth in
the exemption.
Section 382.008(6), F.S. -- All information relating to cause of death in all death and fetal
death records and the parentage, marital status, and medical information included in all fetal
death records are confidential and exempt from s. 11 9.07(l), except for health research purposes
approved by the Department of Health, nor shall copies of same be provided except as provided
in s. 382.025.
Section 382.008 (8), F.S. — All information relating to the cause of death and parentage of
a nonviable fetus, the marital status of such fetus' parent, and any medical information included
in nonviable birth records held by a state agency is confidential and exempt, except for research
purposes as approved by the Department of Health. Certified copies may be issued as provided
in the exemption.
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Section 382.013(4), F.S. -- In the event that a child of undetermined parentage is later
identified and a new certificate of birth is prepared, the original birth certificate shall be sealed
and filed, shall be confidential and exempt, and shall not be opened to inspection except by, nor
shall certified copies of the same be issued except by court order to, any person other than the
registrant if of legal age.
Section 382.013(5), F.S. -- The original birth certificate shall contain all information
required by the Department of Health for legal, social, and health research purposes. However,
information concerning parentage, marital status, and medical details shall be confidential and
exempt, except for health research purposes as approved by the department, nor shall copies be
issued except as provided by s. 382.025.
Section 382.017(1), F.S. -- After registering a certificate of foreign birth in the new name
of an adoptee, the Department of Health shall place the adoption report or decree under seal, not
to be broken except pursuant to court order.
Section 382.025(1), F.S. -- Except for birth records over 100 years old which are not
under seal pursuant to court order, all birth records of this state are confidential and exempt from
s. 119.07(1). Certified copies of the original birth certificate or a new or amended certificate,
or affidavits thereof, are confidential and exempt from s. 119.07(1) and shall be issued only as
authorized by the Department of Health to those individuals and entities listed in the subsection.
Section 382.025(2), F.S. -- A certification of the death or fetal death certificate which
includes the confidential portions, shall be issued by the Department of Health only to the
individuals and entities specified in the subsection. All portions of a death certificate shall cease
to be exempt 50 years after the death.
Section 382.025(3), F.S. -- Records or data issued by the Department of Health to
government and research entities as set forth in this subsection are exempt from s. 119.07(1) and
copies of records or data issued pursuant to this subsection remain the property of the department.
Section 382.025(4), F.S. -- Except as provided in this section, preparing or issuing
certificates of live birth, death, or fetal death is exempt from the provisions of s. 119.07(1), F.S.
Section 383.14(3) (d), F.S. -- The confidential registry of cases maintained by the
Department of Health pursuant to this section [relating to phenylketonuria and other metabolic,
hereditary and congenital disorders] shall be exempt from s. 119.070).
Section 383.32(3), F.S. -- Birth center clinical records are confidential and exempt
from s. 119.07(1). A client's clinical records shall be open to inspection only if the client has
signed a consent to release information or the review is made for a licensure survey or complaint
investigation.
Section 383.325, F.S. -- Inspection reports of birth centers which have been filed with or
issued by any governmental agency are to be maintained as public information. However, any
record which, by state or federal law or regulation, is deemed confidential shall be exempt from
s. 119.07(1) and shall not be distributed or made available as public information unless or until
such confidential status expires, except as provided in s. 383.32(2)(c) requiring records to be
made available for audit by licensure personnel.
Section 383.412, F.S. — Information held by the State Child Abuse Death Review
Committee or local committee which reveals the identity of the surviving siblings of a deceased
child whose death occurred as the result of a verified report of abuse or neglect is confidential
and exempt. Any information held by the Committee or a local committee which reveals the
identity of a deceased child whose death is not the result of abuse or neglect, or the identity of the
surviving siblings, family members, or others living in the deceased child's home, is confidential
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and exempt. Portions of committee meetings at which information made confidential and
exempt pursuant to subsection (2) are discussed are exempt from open meetings requirements.
The closed portion of the meeting must be recorded; the recording is exempt from disclosure.
Section 383.51, F.S. -- The identity of parents who leave a newborn infant at a hospital,
emergency medical services station, or fire station in accordance with s. 383.50, is confidential
and exempt from public disclosure requirements.
Section 384.26(2), F.S. -- All information gathered by the Department of Health and its
authorized representatives in the course of contact investigation of sexually transmissible disease
infection shall be considered confidential and exempt from s. 119.07(1), and subject to the
provisions of s. 384.29.
Section 384.282(3), F.S. -- Except as provided in this section, the name of any person
subject to proceedings initiated by the Department of Health relating to a public health threat
resulting from a sexually transmissible disease, shall be confidential and exempt from s. 119-070).
Section 384.287(6), F.S. -- An authorized person who receives the results of a test
for sexually transmissible disease pursuant to this section, which results disclose human
immunodeficiency virus infection and are otherwise confidential pursuant to law, shall maintain
the confidentiality of the information received and the identity of the person tested as required
by s. 381.004.
Section 384.29, F.S. -- All information and records held by the Department of Health
and its authorized representatives relating to known or suspected cases of sexually transmissible
diseases are confidential and exempt from s. 119.070). Such information may not be released or
made public by the department or its representatives, or by a court or parties to a lawsuit, except
as provided in the section. Except as provided in the section, information disclosed pursuant to
a subpoena is confidential and exempt from s. 119.07(1).
Section 384.30(2), F.S. -- The fact of consultation, examination, and treatment of a minor
for a sexually transmissible disease is confidential and exempt from s. 119.07(1) and shall not be
divulged directly or indirectly, such as sending a bill for services rendered to a parent or guardian,
except as provided in s. 384.29.
Section 385.202(3), F.S. -- Information which discloses or could lead to the disclosure of
the identity of any person whose condition or treatment has been reported and studied pursuant
to this section relating to the statewide cancer registry shall be confidential and exempt from s.
119.070) except as provided in the subsection.
Section 390.01114(4)(f), F.S. -- A court that conducts proceedings for a waiver of the
notice requirements pertaining to a minor seeking to terminate her pregnancy shall order that
a confidential record be maintained. All hearings under this section, including appeals, shall
remain confidential and closed to the public, as provided by court rule.
Section 390.01116, F.S. -- Any information that can be used to identify a minor petitioning
a circuit court for a judicial waiver, as provided in s. 390.01114, of the notice requirements under
the Parental Notice of Abortion Act if held by a circuit court, an appellate court, the office of
criminal conflict and civil regional counsel, or the Justice Administrative Commission.
Section 390.0112(4), F.S. -- Reports concerning pregnancy termination which are
submitted to the Agency for Health Care Administration pursuant to this section shall be
confidential and exempt and shall not be revealed except upon court order in a civil or criminal
proceeding.
Section 392.54(2), F.S. -- All information gathered by the Department of Health and
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its authorized representatives in the course of contact investigation of tuberculosis exposure or
infection shall be confidential, subject to the provisions of s. 392.65. Such information is exempt
from s. 119.070).
Section 392.545(3), F.S. -- The name of any person subject to proceedings initiated by the
Department of Health relating to a public health threat from tuberculosis shall not be revealed by
the department, its authorized representatives, the courts, and other parties to the lawsuit except
as permitted in s. 392.65.
Section 392.65, F.S. -- All information and records held by the Department of Health and
its authorized representatives relating to known or suspected cases of tuberculosis or exposure to
tuberculosis shall be strictly confidential and exempt from s. 119.070). Such information may
not be released or made public by the department or its representatives, or by a court or parties to
a lawsuit, except as authorized in the subsection. Except as provided in the section, information
disclosed pursuant to a subpoena is confidential and exempt from s. 119.07(1).
Section 393.0674, F.S. -- It is a third degree felony for any person to willfully, knowingly,
or intentionally release information from the juvenile records, and a first degree misdemeanor for
any person to willfully, knowingly, or intentionally release information from the criminal records
or central abuse registry, of a person obtained under s. 393.0655, s. 393.066, or s. 393.067 to any
other person for any purpose other than screening for employment as specified in those sections.
Section 393.13(4) (i)1., F.S. -- Central
disabilities are confidential and exempt from s.
released except as authorized in this paragraph.
client records of persons with developmental
119.07(1) and no part of such records shall be
Section 394.4615(1) and (7), F.S. -- Clinical records of persons subject to "The Baker
Act" are confidential and exempt from s. 119.07(1). Such records may be released only under
the circumstances specified in the statute. Any person, agency, or entity receiving information
pursuant to this section shall maintain such information as confidential and exempt.
Section 394.467(6)(a)3., F.S. -- The independent expert's report which is submitted at a
hearing on involuntary inpatient placement is confidential and not discoverable, unless the expert
is to be called as a witness for the patient at the hearing.
Section 394.907(7), F.S. -- Records of quality assurance programs of community mental
health centers which relate solely to actions taken in carrying out the provisions of this section
and records obtained by the Department of Children and Family Services to determine licensee
compliance with this section are confidential and exempt from s. 119-070). Meetings or portions
of meetings of quality assurance program committees that relate solely to actions taken pursuant
to this section are exempt from s. 286.011.
Section 394.921(2), F.S. — Psychological or psychiatric reports, drug and alcohol reports,
treatment records, medical records, or victim impact statements that have been submitted to the
court or admitted into evidence in Jimmy Ryce Act proceedings shall be part of the record but
shall be sealed and may be opened only pursuant to a court order.
Section 395.0162(2), F.S. -- Any records, reports or documents which are confidential
and exempt from s. 119.07(1), shall not be distributed or made available for purposes of
compliance with this section (relating to inspection reports of licensed facilities) unless or until
such confidential status expires.
Section 395.0193(4), F.S. -- Reports of final disciplinary actions taken by the governing
board of a licensed facility pursuant to s. 395.0193(3) which have been forwarded to the Division
of Health Quality Assurance of the Agency for Health Care Administration pursuant to this
subsection are not subject to inspection under the provisions of s. 119.070), even if the division's
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