2010 Government in the Sunshine Manual
2010
GOVERNMENT
IN THE SUNSHINE
MANUAL
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
First Amendment Foundation, Inc. ...................................................................... Xlii
Introduction.............................................................................................................. I
2009 Legislative Highlights .................................................................................... 2
PART I
GOVERNMENT IN THE SUNSHINE LAW
A. Wlt\T IS THE SCOPE OF TH1.: Sl''-JSHI]\,'I: L\\'(o...............
..............5
13. WHAT ACENCIES ARE COVERED BY THE SUNSI liNE L\W? ...................5
1. i\re all public agencies subject to the Sunshine Law? .........................................5
2. Are advisory boards which make recommendations or committees
established only for fact-finding subject to the Sunshine Law?......................... 6
a. Publicly created advisory boards which make recommendations ..............6
b. I' act-finding committees.................................................................................... 8
3. Arc private organizations subject to the Sunshine Law? .................................... 9
a. Private entities created pursuant to law or hy public agencies ....................9
b. Private entities providing services to public agencies................................ ]()
c. Hornco\vncrs' associations...........,."...."....,,,.. .....""....,................ ............... 13
4. Are federal agencies subject to the Sunshine Law~ ...................... .................... 13
5. Does the Sunshine Law apply to the C;overnor and Cabinet~. ...........13
6. Docs the Sunshine Law apply to commissions created
by the Constitution?................................................................. ..... .........................14
7. Docs the Sunshine I,aw apply to the I ,egislature? .............................................14
8. Docs the Sunshine Law apply to the judiciary'. ......................................15
a. (:riminal proceedin[!;s... ............. .................. ..... 15
b. Civil proceedin[!;s ........... ................... .................................................. 16
c. l)epc)siticlns ...,..,......". ..,.............. ................ ................................................... 17
d. I'lorida Bar [!;rievance proceedin[!;s ............................................................... 17
e. ( ;rand juries...................................................................................................... 17
f. Judicial nominating commissions/Judicial
Qualifications Commission............................................................................ 18
g. Mediation proceedin[!;s ................................................................................... 18
9. Docs the Sunshine Law apply to staff? ..............................................................19
10. Does the Sunshine Law apply to members of public boards who also serve
as administrative officers or employees? ............................................................. 22
C WHAT IS r\ MEE'j'[NC SUBjE.CrT'O THE SUNSHINE LAW?..................... 23
1. Number of board members required to be presen1..........................................23
2. Circumstances in which the Sunshine Law may apply to a single individual or
where two board members arc not physically present... .............. .........23
a. \Vritten correspondence between board members .................................... 24
b. Meetings conducted over the telephone or using electronic
media technolo[!;v .......... ............... .................................................................25
GOVERNMENT - IN-THE-SUNSHINE-MAN VAL
(1) Discussions conducted via telephones, computers, or other
elcctronic means arc not exempted from the Sunshinc Law..... . 25
(2) Authority of boards to conduct public meetings via electronic
media tcchnolo[!;y (e.g., telephone or vidw conferencin[!;) ...........26
(a) State boards... ....................... ................... ...................... ... 26
(b) Local boards ................ .................................................. .............2(,
c. Delegation ()f authority. ......"..,..."....................,....... ........,.".,..".,..,."..,..,...., 27
d. L:se of nonmembers as liaisons between board members .......................29
D. \VHXT'TYPES OF DISCUSSIONS i\RE COVERJm BY TIlE
SUNSHINE 1,\ \W ................................................................. ....................................,... 30
1. Informal discussions, workshops .........................................................................30
2. Investi[!;ativc meetings or meetings to consider confidential material............ 31
a. Inves tiga tive meetin[!;s..................................................................................... 31
b. Meetings to consider confidential material...................... .....................31
3. I,e[!;al matters................... ............................................................ ............ ...32
a, Scttlcn1cnt negotiatio11s or strategy sessions related to
litigation cxpenditures .................................................................................... 33
(1) Is s. 28(,,(Jll (8) to bc liberally or strictly conStrued? .....................33
(2) Who may call an attorney-client mcetin[!;? ......................................34
(3) Who may attend? ............................................................................. 34
(4) Is substantial compliance wjth the conditions established in the
statute adequate? .....................................,..,........................................ 35
(5) What kinds of matters may be discussed at tl1e
attorney-clien t scssion? ..............................,....................................... 35
(6) When is an a[!;ency a party to "pending liti[!;ation" for purposes
of the exemption?.................................... ..........................................16
(7) When is liti[!;ation "concluded" for purposes
of s. 28().1I11 (8)(e)? ............................. .....................................37
b. Risk management exemption ............................... ........................................ 37
c. Notice of settlement of tort claim....................... ....................................... 37
4. Personncl matters.................................................................................................... 37
a. Collective bargaining discussions..............................,.....,.............................38
(1) Strategy sessions.................................................................................. 38
(2) N e[!;otia tions ........................................................................................ 39
b. Complaint review boards, disciplinary procecdin[!;s and grievances ....... 39
c. r.: val ua h()11S.".,..,..,."......"...............".,..."..,..,."....,..,.....,,...,,....,.,...,,.,,.,,..,.,..,., 4()
d. I ntcrviews. ...... ................................... ............................................................. 41
e. Sclection and screenin[!; committees............................................................. 41
5. Purchasing or bid evaluation committces ...........................................................42
6. <.;>uasi-judicial proceedin[!;s..................................................................................... 42
7. Real property negotiations..................... ......................................... ....................... 43
E. DOES THE SUNSHINE L\W APPLY TO: .......................................................... 43
1. Members-clect or candidatcs.................................................................................44
2. Meetin[!;s betvveen members of diffcrcnt boards......,........................................ 44
3. Meetin[!;s betvveen a mayor and a membcr of the city council........................45
4. C'vleetings between a board member and his or her alternate ...........................45
II
GOVERNMENT -IN- THE-S UNSH INE-MANUAL
5. Meetings between an ex officio, non-voting board member and a voting
member of the board ............................................................................................. 45
6. Community forums sponsored by private organizations .................................46
7. Board membcrs attcnding meetings of another public board......................... 47
8. Social evcnts.......................... ..................................... ...................... ......47
9. :\ husband and wife serving on the same board? .............................................. 47
F WI L\T ARE THE NOTICE ,\ND PROCEDUK\L RL':QUIRE!'vIENTS OF
THE SUNSH1NI.: ] ,,\W? ........................................................................................ 47
1. What kind of notice of the meetin[!; must be given? ......................,.................47
a. Reasonable notice requircd............................................................................ 47
b. Notice requirements when meetin[!; adjourned to a later date .................49
c. Notice requirements when board acting as quasi-judicial body or taking
action affccting individual rights..........................,...................................... 49
d. Effect of notice requirements imposed by other statutes,
codes or ordinances ........................................................................................50
2. Docs the Sunshine Law require that an a[!;enda be made availablc prior to
board meetin[!;s or restrict the board from taking action on matters not on
the a[!;enda~...........................................,.....,.,.........................................................,. 50
3. Does the Sunshine Law limit where meetings of a public board or
commission may be held? ..........,........................................................................... 51
a. Inspection trips ...........................................................,...........,..........,............. 51
b. Luncheon meetin[!;s..........,..................,...................,....................................... 51
c. Meetings at facilities that discriminate or unreasonably restrict
access pn ,hibi ted ............................................................................................. 52
d. Out-oF-town mcetin[!;s ...................................................... .... 52
4. Can restrictions he placed on the public's attendance at, or participation in,
a public meetlng?.................................................................................................... 53
a. Public's right to attend or record meetin[!;................................................... 53
(1) Size of meeting facilities ................................................................... 53
(2) Inaudible discussions............................,............................................. 53
(3) Exclusion of ccrtain mcmbers of the public .................................54
(4) Cameras and tape recorders ............................,..............................,.. 54
b. Public's right to participatc in a mecting...................................................... 55
(1) Importancc of public participation ................................................. 55
(2) Authority to adopt reasonablc rules................................................. 55
5. May the members of a public board use codes or preassi[!;ned numbers in
order to avoid identifying individuals?................................................................. 56
(,. May members of a public board vote by written or secret ballot, .................57
7. j\rc board members authorized to abstain from voting'.................................. 57
8. Is a roll call vote required? ............................,........................................................ 58
9. Must written minutes be kept of all sunshine meetin[!;s?.................................. 59
10. In addition to minutes, does the Sunshine Law also require that meetings be
transcribcd or tape recordcd,................................................................................ 59
G. WH:\T ARE THI': ST.\TUTORY EXCEPTIONS TO THE LAW? ...................59
L Sunshine Law to be liberally construed while exceptions to the law to bc
narrowly construed .............. ..................................... .....................,......................59
2. Creation and review of exemptions..................................................................... 60
III
GOVERNMENT-IN- THE-S UNSHINE-MANUAL
3 S .
.' ,tatutory excmpnons....................................................... ................................... .. 61
a. Abuse meetings..,......................................,...................................................... 61
b. Collective bargaining strategy scssions ....,................................................... (, I
c. Economic development meetings ................................................................ 62
d. Education meetings ....................................,................................................... 62
e, Hearings involving rninors.........................................................................,... 62
f. Hearings to obtain J-11V test results ,............................................................ 63
g. Hospitals........................................................................................................... 63
(1) Public hospitals and health facilities ............................................... 63
(2) Privatc or nonprofit corporations operating public
health facili tics..................................................................................... 64
h. Insurancc meetin[!;s .............................................. ... ........................................ 65
1. I nvesti[!;ative meetin[!;s..................................................................................... 66
J. Litigati( J11 meetings................................................,......................................... 66
k. Sccurity and criminal justice meetin[!;s ......................................................... 66
1. I -icensure examinations .................................................................................. 66
4. Special act exemptions .......................... ......................................................... ........ 67
H. WHAT ARE THE CONSEQUENCES lIi ,\ PUBUC HO;\RD OR
COMMISSION F\ILS TO COMPLY WlTH THE SUNSHINE LAW? ........... (,7
1. < :riminal penalties................................... ................................................................. 67
2. Removal from office..........................................,.................................................... 67
3. "on criminal infractions .... .............................................................. ................,...... 68
4. ,\ttorney's fees..............................,..........,.........................................................,...., 6R
5. Civil actions for injunctive or declaratory rclief................................................. 69
6. Validity of action taken in violation of the Sunshine Law and subsequent
corrcctive action...................,.....,.......................,.................................................... 70
7. Dama[!;es ................................................................................................................... 72
PART II
PUBLIC RECORDS
.\. WI-L\T IS ;\ PUBLIC RECORD WI IIClI IS OPE]\,' TO INSPECTIO]\,' ,\ND
C:C) PYIN C;? .................................................................................................................... 73
1. What materials arc public records?....................................................................... n
2. When arc notes or non final drafts of a[!;ency proposals subject
to Ch. 119, FS) .................................................................................. ...................74
13. WI-L\'l' ACENCIES ARli SUBJECT TO THE PUBLIC
RECO RDS AC I'? ........................................................................................................... 76
1. :\dvisorv boards ......................................................................................................76
2. Private organizations......,..........,....,....................................................................... 7 G
a. Receipt of public funds by private entity not dispositive ...............,......... 77
b. ". I"talil)' of factors" test................................................................................ 77
c. Private entities created pursuant to la\v or by public agencies ................. 79
d. Private cntitics providing services in place of public a[!;encies ................ 79
e. Private company delegated authority to keep certain records.................. 82
f. Other statutory provisions........... ................. ...............................................83
iv
GOVERNMENT-IN- THE-S UNSHINE - MANUAL
(1) I ,egislative appropriation.................................................................... 83
(2) Public funds used for dues ................................................................ 83
(3) State Ct>ntracts .................... .......,............................,............... ............. 84
3. .J udiciarv .................................................................................................................... 84
a. Public Records Act inapplicablc to judicial records................................... 84
b. Public access 10 judicial branch records, Fla. R. Jud. ;\dmin. 2.420........ 84
(1) Scope of the rulc ............................................................................... 84
(2) Confidential judicial records.............................................................. 8(,
(3) 1\:oticc of closure of cOLlrt records.................................................. 88
(4) Procedures for accessin[!; judicial branch records undcr
rulc 2.420..,........................................................................................... 89
(5) Revicw of denial of access to judicial rccords ...............................90
c. Discovery ma terial...........................,..... ,.. ....................................................... 91)
d. Florida Bar...........,.................................................,.......................................... 91
e. .Judicial Qualifications Commission and judicial nominating
commissions..................................................................................................... 91
f. Jury records ......................................,...............................................................92
(1) C;rand jury.............................,........................................................... 92
(2) 'I'rial jury............................................................................................... 93
[!;. Sunshinc in Liti[!;ation ,\ct ................................. .................................. ........ 93
4. ],e[!;islature ........................... ...............................................................................93
5. C;overnor and Cabinet ........................................... .............................................. 94
(). Commissions created bv the Constitution ................,......................................... 95
C. WHAT KINDS OJ- ,\C;ENC:Y RECORDS ARE SUB.lI':CT'I'O Till.: PUBLIC
RI .:CO R DS AC' J'? ........................................................................................................... 95
1. <:',mputer records .................................................................................................,.95
a. Computer records are public records........................................................... 9<,
b. "E- .'vJail" ........................................................................................................... 97
(1) Personal e-mail. .............. ....................... .............................................. 97
(2) E-mail address public records disclosurc statement...................... 98
c. l;'ormatting issues ............."".................."."..."...................................,.,. ...... ,_ 98
d. Remote access ............................. ..............................,.................................... 100
e. Security exemptions ...................................................................................... lOll
f. Software crcated by an a[!;cncy .................................................................... 100
(1) Copyrighted a[!;ency-crcatcd software............................................ 101
(2) "Sensitive" agcncy-created software .............................................. 101
g. 'rradc secret exemptions..."..........................................................................101
2. Election records ....................................................................................................1111
a. Ballots.............................................................................................................. 101
b. Votcr registration and \'oter records........................................................... 102
3. hnancial records ............................... .............. ............................... ......1113
a. ,\udit reports................................ ................. .............................................. 103
(1) Auditor C;encral audits.. ................................ .............................. 103
(2) Local [!;overnmcnt audits ................................................................. 103
(3) State a[!;ency inspector [!;cneral audits............................................. 104
b. Bids ..................................... .. ..... ............................................................. 104
c. Budgcts ....................................... ......................... ........................................... 11)4
d. Economic devclopment records................................................................. 105
v
GOVERNMENT - IN- THE-S UNSHINE-MANUAL
(1) Convention center bookin[!; business records .............................. !OS
(2) Business location or expansion plans ..................,......................... 105
(3) 'Iburism promotion records............,..............,................................ 106
c. Personal financial records ............................................................................ 107
f. Security interests.......................... .................... .................................... ...... 108
g. '['axpaver rccords ................................ ...............................................,........... 108
h. Telephone bills.....,....................................................................................... 1 U9
1. '!'rade secrets .................................................................................................. 109
4. Investigation rccords of non law enforcement agencies................................110
a. Investi[!;ative rccords subject to Ch. 119, FS., in absence
of leb>1slative excmption ...........................,..,................................................ 110
b S .
. ,tatutory exemptlons ........,...........................................................................111
(1) Commission on Ethics investigations............................................ 111
(2) State inspector gencral investi[!;atiol1S ............................................ 111
(3) Statc licensin[!; invcstigations.... ............................................. 112
(4) Whistle-blower investigations ....................................................... 112
5. I ,iti[!;ation records ..................................................................................................113
a. .\norney-elicnt communications ................................................................113
b. Attorney work produc1..............................,..........,....................................... 114
c. Statutory work product exemption ............................................................ 114
(1) Scope of exemption ......................................................................... 115
(a) Attorney bills and payments ....................................................115
(b) Investigations ..............................................................,....,......... 116
(2) Commencement and termination of exemption ......................... 117
(a) Settlement records ..........................,.......................................... 118
(b) Criminal cases............................................................................. 118
d. Other statutor\, exemptions relatin[!; to litigation records....................... 119
c. ;\norne\' notes ................................... .............. ............ ........................... 119
6. Personnel records................,..... ....................................... ...... ....,................... ....... 121
a. Personnel records open to inspcction unlcss cxempted by law............. 121
b. Employmcnt search or consultant records ..........................................,.... 122
c. Privacv concerns............................................................................................ 122
d. Conditions for inspection of personnel records ...................................... 123
(1) Presence of employee. ..................... ...................................... 123
(2) Separate files ..............,................................................. ...................... 124
e. Collective bargaining....., ,.........."."".......................... ,..................,.....,..,...... 124
(1) Relationship of collective bargainin[!; agrecment
to personnel records ......................................................................... 124
(2) Collcctive bargaining work product exemption ...........................124
f. Statutory exemptions ...........................,........................................................ 125
(1) ;\nnuitv or custodial account activities.......................................... 125
(2) <:omplaints ............ .............................,............................................... 125
(3) Criminal historv information ..........................................................12(,
(4) Deferred compensation ..,...................,............................................ 126
(5) Department of the Lottery............................................................. 126
(6) Direct deposit .................................................................................... 12(,
(7) Dru[!; test results................................................................................ 127
(8) Employee assistance program......................................................... 127
(9) Evaluations of employee performance ......................................... 127
vi
GOVERNMENT-I N- THE-SUNSHINE-MANUAL
(10) Examination questions and answer sheets..................................... 128
(11) Home addresses and telcphone numbers, photographs, family
inf, ,rma tion .....................................,.................................................. 128
(12) Medical information ......................................................................... 131
(13) Retiree names and addresses............................................................ 132
(14) Ridesharing informauon.................................................................. 132
7. Social security numbers........................................................................................132
D. TO WHAT EXTENT MAY AN ;\GENCY REC;UL\TE OR LIMIT
INSPECTION !\ND COPYING OF PLJ13LIC Rl:CORDS~ ............................. 134
1. l\-1ay an agency ilnposc its own restrictions on access to or copying
of public records~ ........ ...................... ...................................................................134
a. i\[!;ency-imposcd restrictions invalid ..........................................................134
b. Mail procedures ............. ................................................... ........................... 135
c. Inspection at off-premises location......,..................................................... 135
2. What individuals arc authorized to inspect and receive copies
of public recc,rds? ....... ........................... ...............................................................136
3. Must an individual show a "spccial interest" 01' "1q.,>1timate intercst" in public
records before bcin[!; allowed to inspect or copy same'.................................. 136
4. What agency employees arc responsible for responding to public
records requests? ...... .............................................................................................13 7
5. Mayan agency refuse to comply with a request to inspect or copy the
a[!;ency's public rccords on the [!;rounds that the records arc not in the
physical possession of the custodian;- ...............................................................138
6. Mayan agencv refuse to allow access to public records on the grounds that
the records are also maintained by another a[!;ency?........................................139
7. Mayan a[!;ency refuse to allow inspection or copying of public records
on the [!;rounds that thc request for such rccords is "overbroad"
or lacks particularity? ............................................................................................139
8. Mayan agency require that a request to examine or copy public records be
made in writing? .....................................................................................,..............140
9. Mayan a[!;ency require that the requestor furnish back[!;round information to
the custodian? ........................................................................................................ 140
II). Is an a[!;ency required to: answer lluestions about its public records; create a
new record in response to a request for infonnation; or reformat its records
in a particular form as demanded by the requestor? .......................................141
11. \Vhcn must an agcncy respond to a public records rellucst~ .........................142
a. Automatic delay impermissible ................................................................... 142
b. Delay in response ........................... ..,............ .............................................. 143
c. L-\rbitrary time for inspection....................................................................... 143
d. Standing Rcquests ........................ ............. ................................................. 144
12. In the absence of express legislative authorization, may an a[!;cncy refuse
to allow public records made or received in the normal course of husiness
to be inspected or copied if rcqucsted to do so by thc makcr or sender of
the documcnt~ ................................ .................................. ........................... .......... 144
13. Must an agency state the basis for its refusal to release an
exempt record? ...................................................................................................... 145
vii
GOVERNMENT-IN- THE-SUNSHINE - MANUAL
14. Mayan agency refuse to allow inspection and copyin[!; of an entire public
record on the grounds that a portion of the record contains information
which is exempt from disclosure? ......................................................................146
15. I\!ay an agency rcfuse to allow inspection of public records because the
agency believes disclosure could violate privacy rights? .................................147
16. What is the liability of a custodian for release of public records~................148
E. WHAT IS THE LEGAL EFFECT OF STi\TUTORY f':XEMI'TIONS
FROM DISCI,OS URE~ .............................................................................................. 149
1. How arc exemptions created? .............................................................................149
2. 1 ~xcmptions arc strictly construed ........................................,.............................150
3. Do ncwly-creatcd exemptions apply rctroactively~..........................................151
4. Do statutes eliminating confidentiality apply retr< ,activelv? ........................... 151
5. . \re records which arc confidential and exempt from disclosure
treated differently from those which arc merely exempt from
disclosure requirements' ......................................... .................. ............... .........152
a. Confidential records ................................ ...........................................152
b. I~xempt records ............,.......................................................................................152
6. .\re cxempt records discoverable? ..............,.......................................................153
]I WI-LYJ' ARE THE STATUTORY EXEMPTIONS Rf~LAT'INC TO L\W
I.:NI~.ORCEMENT ,\ND SECURITY REC()RDS~ ......................................... 154
1. ,\ctivc criminal investigative and intelli[!;ence information excmption....... .154
a. Purpose and scope of excmption................. ........................................... . 154
b. What is active criminal investi[!;ative or intelli[!;ence information?......... 155
c. \Vhat information is not considered to be criminal investi[!;ative or
intdli[!;ence information and must be released unless some other
exemption applies? ...................................................................................,.... 156
d. Arc records released to the defendant considered to be criminal
invcsti[!;ative or intelli[!;ence information?.................................................. 157
e. When is criminal investigative and intelligence information considered
inactive and thus no longer exempt from disclosure? ............................. 159
(1) ,\ctivc criminal investigative 111formation ..................................... 159
(2) :\ctive cnminal intelligence information ....................................... 160
(3) Pending prosecutions or appeals .................................................... 1('()
f. Does a criminal defendant's public records rcquest trigger
rcciprocal discovery~ ..................... .................. ...................... .................... 161
[!;- Does the active criminal investigative information exemption apply if
the information has already been made public? ....................................... 161
h. May active criminal investigative information be shared with anotber
criminal justice a[!;ency \\~thout losin[!; its protected status? ................... 162
1. Do other public records become exempt from disclosure simply becausc
they arc transferred to a criminal Justice agency~..................................... 162
J. Is an entire report exempt if it contains some active criminal
investi[!;ative or intelligence information?.................................................. 164
k. \Vhen is criminal invcsti[!;ative or 111telli[!;ence information received from
othcr states or thc federal [!;overnment exempt from disclosure? .........1(,4
1. Is crinunal investigative Of intelligence information received prior to .January
25, 1979, exempt from disclosure? ....................................................................165
Vlll
GOVERNMENT-IN -THE -SUNSHIN E-MANUAL
2. .-\utops:' records ................ ............... .."................. ............. .......165
a. :\utopsy rcports .......... .............. .............................. ......................... 1 (,5
b. ,\utopsy photographs and rccordin[!;s......................,..............................,.. 165
3. "Baker :\ct" reports ..............................................................................................166
4. Con fcssions............................................................................................................ 166
5. Confidential informants....................................................................................... 167
6. Criminal history information ..............................................................................167
a. Criminal history information generally...................................................... 167
b. Sealed and cxpun[!;cd records ......................................................................1 (,8
7. Emer[!;cncy "911" voice rccordings....................................................................I69
8. Fingerprint records.......................................... ...............................................169
9. Firearms records ............................................., .............................................169
10. Juvcnile offendcr records..................................................................................... 170
a. Confidcn tiality................................................................................................ 170
b. Exceptions to confidentiality....................................................................... 171
(1) Child traffic vio]ators....................................................................... 171
(2) Felony arrests and adult system transfcrs...................................... 171
(3) Mandatory notification to schools .............,................................... 172
(4) Victim acccss .................................................................................. 173
(5) Sexual offenders............... ............. ............................ .......17,'
11. Law cnrorccmcnt personnel rccords. ...................... .............. .................. .......17,
a. Complaints filed a[!;ainst law enforcemcnt officers.................................. 17,'
(1) Scope of exemption and duration of c:onfidentialitv.................. 173
(2) l,aw enforcement officer's access ................................................... 175
(3) J ,imitations on disclosurc................................................................. 176
(4) Unauthorized disclosure penalties.................................................. 176
b. Homc addresses, tclcphone numbers, etc. ..............................,................ 177
c. Poly[!;raph records..............................................................,........................... 179
d. Undercover personncl..........................,....................................................... 180
12. Motor vehicle records...........................................................................................180
a. <:rash reports .... ............................................................................................. 180
b. Department of Highway Safcty and Motor Vehicles records................ 181
13. Pawnbroker records .............................................................................................. 181
14. Prison and inmate records ...................................................................................182
15. Resource inventories and emergencv response plans,..................................... 182
16. Sccurity system information and blueprinrs ..................................................... 183
a. Security system information........................................................................ 183
b. Blueprints ......... ............................................................................................. 183
17. Surveillance techniques, proccdurcs or personnel........................................... 184
18. Victim information.. ............................................................................................,184
a. :\mount of stolen property ......................................................................... 184
b. < :ommercial solicitation of vict1ms ............................................................ 184
c. Documents regarding victims which arc received by an agcncy............ 185
d. Homc or employment address, telcphone number, assets ..................... 185
e. Information revealin[!; the identity of victims of sex offenses and of
child abusc...................................................................................................... 186
(1) ] ,aw cnforcement and prosecution records .................................. 186
(2) Court rccords............ ......................................................................... 188
(3) Department or Childrcn and Family Services abuse records.... 188
IX
GOVERNMENT- IN- THE -SUN SHIN E- MANUAL
f. Rclocated victim or witness information............................. ..................... 188
G WHXT' ARE THE ST'-\TUTORY I~XEl'vIPTIONS REI ,AJ'INC; TO BIRTH
AND D EA1']-[ RI':CORDS? ..............................................................................,....... 189
1. Birth and adoption records ...................... ............... ............................. .......189
2. Death certificates .................................... . ................... ............................ ..........189
H. \,(!J-L\T ,\RE THI.: STXllJTORY 1.:Xl':l\lPTIONS REI.\TJN<; TO
HOSPIT:\L .\ND ~1I':DIC\L RI.:CC)RDS" q.q....qqq ............................. ............ 190
1. Communicable or infectious disease reports.................................................... 190
2. Emer[!;encv medical serviccs................................................................................1 <)1
3. Hospital records ....................................................................................................191
a. Public hmpitals ................... ............................................................,.............. 191
(1) Employee cvaluations and personal identification information ..... 192
(2) Proprietary business records ........................................................... 192
(3) Quality assurance records ................................................................ 192
b. Private hospitals/private organizations operatin[!; public hospitals....... 193
4. Patient records ....,..........,. .......,... ......,.................................................................... 19:1
5. Anatomical gifts donor rccords .......................................................................... 195
I. WI-II\T ,\RE THE STATUTORY EXEMPTIONS REL:\TINc; TO
ImUC\'rtON RECORDS?......................................................................................195
1, Direct-support organizations ..................................................................,...........195
2, Education personncl records ,..........,..,...............................................................196
a. Public school personncl............................................................................... 196
b. University and community colle[!;e personnel........................................... 197
3. 1 ~xamination materials.......................................................................................... 1 98
4. S rudcn t records...................................................................................................... 1 99
5. (:harter schools................................ ............. ......................201
6. School readiness pro[!;rams..................... ................ .................201
.J. WH:\T ,\RE THE S'L\TUTORY EXEMPTIONS RI:L\TINC;
TO ,\BUSI \ Rl.:CORDS? ............................................................................................ 201
1. Records of abuse of children and vulnerable adults....................................... 201
a. Confidentiality of abuse records................................................................. 201
b. Release of abuse records..,.......................,..,..................................,..,.......... 202
c. Licensure and quality assurance records........................,........................... 203
2. Domes tic violence................................................................................................ 204
1<. TO WI-L\T EXTENT DOI.:S l'EDER.\L L\W PREEi\lPT S'L\TEL:\W
REC;\RDINc; PUBLIC INSPECTION 01' RECORDS?.................................. 205
1. Under what circumstances will a federal statute operate to make agency
records confidential,............................................................................................. 205
2. To what extent is copyrighted material in possession of an agcncy subject
to public inspection and copying? ......................................................................206
a. Copyrights held bv agencies ........................................................................ 206
b. Copyri[!;hted material obtained by a[!;encil's............................................... 20(,
x
GOVERNMENT -IN- THE -SUNSHINE-MANUAL
L. WHAT FEES MAY L.\\'\'TiULLY BE IMPOSED I'OR INSPECTINC AND
C< lPYING PlIBLIC RECORDS? ............................................................................207
1. When may an agency charge a fee for the merc inspection
of pu blic records~................................................................................................. 207
2. Is an a[!;ency required to provide copies of public records if asked, or may
the agency allow inspection only?......................................................................208
3. Does Ch. 119, ES., exempt certain individuals (such as indi[!;ent persons or
inmates) from paying statutory fees to obtain copies of public records? .......208
4. i\re members of an advisory counctl entitled to copies of public records free
of charge?.,....,...........,...............,.....,..................................................................... 209
5. What are the statutory fees to obtain copies of public records?...................209
6. Mayan agcncy charge for travel costs, search fees, development costs and
other incidental costs? .....,.................................................................................... 21 0
7. Mayan a[!;cncy require that production and copying of public records be
accomplishcd only through a private company that acts as a c1caringhouse
for the agenev's public records?.................................................. ........210
8. Should an agency char[!;e sales tax when providin[!; copies
of public records~ ...................... ........................... ........................ ..............211
9. Docs s. 119.1J7(4), ES., prescribe the fee that an agency may charge for
furnishin~ a copy of a record to a person \vho is authorized to access an
otherwise confidential record? ......... .................................. ..................211
10. What arc the charges if the rcquestor makes his or her own copies (i.e.,
provides his or hcr own copying machine and makes thc copies himself
or herself)' ............................................................. ............................................... 211
11. \'V'hen may an agency chargc a special SCf\;CC charge for extcnsive use of clerical
or supervisory labor or extensive information tcchnology resources?......... 212
a. ~'hat is the meaning of the term "cxtensive" as used in the statute? ..... 212
b. \Vhat is mcant by the term "information technolo[!;y resources" as used
in the statutc? ................................................ ................................................. 213
c. \'\Ihat is meant by the term "clerical or supervisory assistance" as used
in thc statute? ........,..........,..,........................................................................ 213
(1) Mayan agency charge for the cost to review records for exempt
information? ...................................................................................... 213
(2) flow should the labor cost be calculatcd?..................................... 213
d. ~lay an a[!;ency require a reasonable deposit or advance paymcnt or
must the a[!;ency produce the records and thcn ask for payment?......... 214
12. Fcc issucs rclatin[!; to specific records ................ ........................ ......................214
a. Clerk of court records.................................. ..................... ..........215
(I) County records ............... .................. ........................... .............. 215
(2) .ludicial records ............... ..................................................... 215
b. Traffic reports ................................................................................................215
M. W~L\T i\RE TflE OPTIONS 11' AN :\C;ENCY REJiLlSES TO PRODUCE
PUBLIC RECOImS FOR INSPECTION ,\ND COPYING? .......................... 216
1. Voluntary Mediation Pro[!;ram .................................,......,...................................216
2. Civil action............................................................................................................. 21 G
a. Remedies..,....................................................,................................................. 216
(1) Mandamus .......................................................................................... 217
(2) 1 njunction ............................................,.............................................. 218
Xt
GOVERNMENT -IN-THE-S UNSHINE-MANUAL
(3) Declaratory relief sought by agencies.......................................... 218
b. Procedural issues ........................................................................................... 219
(1) Discovery ........................................................................................... 219
(2) Hearing............................................................................................... 219
(3) In camera inspectioll ....................................................,................... 220
(4) Mootncss .............................. .................... .................... ...................... 220
(5) Stay..............................................................,................,....,................ 221
c. ,\ ttorney's fces ...............................................................................................221
3. Criminal penal ties...........,.....................................,................................................ 224
N. HOW LONG MUST AN AGENCY RET'\IN A PU13L1C RECORD?..,........ 224
1. Maintenance of records .......................,............................................................... 224
2. Delivery of records to successor........................................................................225
3. Retention and disposal of records .....................................................................225
APPENDICES
A. PUBLIC RECORDS i\ND MEF(TINC;S CONSTITUTIONAL
AMEND MEN1.................................. .............................,................,..,... ..................... 228
B. C;OVERNlvlE'-JT IN TIIF.: SU]\,'SHINE LAW AND RELATED
STA'] 'U'1.ES................................................................................................. .................. 229
C. THI.: PUBLIC RECORDS .\Cr................................................................................ 234
D. FXEMPT, CONFlDENTI:\L AND LlMIT!<:!) ACCESS PUBLIC
DOCUMENTS A'-JD MEETINC;S-]':XE\:IPTION SUMMARIES........ .........268
E RULE 2.420, PUBLIC N:CESS TO JUDlCI:\L BR,\NCH RECORDS, FLA.
RUIJ(S OF JUDlCI,\I, ;\DMIN1STRATIC)N...................................................... 355
F SECTION 11.0431, FLORID,\ ST;\TUTES-LEGISL\TIVE RECORDS;
EXE\:lPTIONS FROM PUBLIC DlSCU)SURE................................................ 361
G T,\BLE OF CASES
(Government in the Sunshine Law and Public Records Act) ....,...... .................... 362
IND EX TO EXEMP1'IONS..............................,........................................... .................. 389
xii
GOVERNMENT- IN -THE -SUNSHINE- MANUAL
First Amendment Foundation, Inc.
The First Amendment Foundation, Inc. is a non-profit corporation formed solely for
the purpose of helping preserve and advance freedom of speech and of the press as
provided in the U,S. Constitution and the Florida Constitution.
The membership of the corporation includes a broad range of organizations
and individuals committed to educating and informing the public about First
Amendment rights and responsibilities and access to public information.
The current officers and trustecs ofthc Foundation include:
DON LINDLEY, CHAIRMAN
Editor
THE DAYTONA BEACH NEWS-
JOURNAL
P.O. Box 2831
Daytona Beach, FL 32120-283 I
(386)252-1511
(386)258-1577 (fax)
E-mail: don.lindley@news-jrnl.com
JAMES McGAULEY
Publisher, Editor
THE BAKER COUNTY PRESS
P.O. Box 598
MacClenny. FL 32063
(904) 259-2400
(904 )259-6502
E-mail: editor@bakercountypress.com
MIKE VASILINDA SECRETARY/
TREASURER
President
CAPITOL NEWS SERVICE
P.O. Box 10004
Tallahassee. FL 32302
(850)224-5546
(850)224-8378 (fax)
E-mail: mikev@flanews.com
SANDRA CHANCE
Executive nirector/Professor
BRECHNER CENTER
FOR FREEDOM OF INFORMATION
University of Florida
College of Journalism & Communications
3208 Weimer Hall
Gainesville. FL 32611-3919
(352)392-2273
(352)392-9173 (fax)
F-mail: schance@jou.ufl.edu
BOB SHAW, VICE CHAIRMAN
Region, State News Editor
ORLANDO SENTINEL
P.O. Box 2833
Orlando, FL 32802-2833
( 407)420-5196
(407)420-5350 (fax)
E-mail: bshaw@or1andosentinel.com
TIM NICKENS
Editor of Editorials
ST. PETERSBURG TIMES
P.O. Box 1121
St. Petersburg, FL 33731-1121
(727)893-8532
(727)893-8675 (fax)
E-mail: nickens@sptimes.com
JON KANEY, GENERAL COUNSEL
Attorney
COBB & COLE
150 Magnolia Ave.
Daytona Beach. FL 32115
(386)323-9252
(386)255-0093 (fax)
E-mail: Jon.Kaney@CobbCole.com
CAROL JEAN LOCICERO
Attorney
THOMAS, LOCICERO & BRALOW
400 N. Ashley Drive. Suite 1100
P.O. Box 2602
Tampa. FL 33602
(813)984-3060
(813)984-3070 (fax)
E-mail: c1ocicero@tlo1awfirm.com
xiii
GOVERNMENT-IN-THE-SUNSHINE-MANUAL
MIKE CONNELLY
Executive Editor
SARASOTA HERALD-TRIBUNE
1741 Main Street
Sarasota. fL 34236
(941 )361-4990
(941 )361-4880 (fax)
E-mail: mike.connelly@heraldtribllne.com
LYNDA RUSSELL
Public Policy Advocate
FLORIDA EDUCATION ASSOCIATION
213 S. Adams St.
Tallahassee, FL 32301
(850)201-2800
(850)224-9294 (fax)
E-mail: Iynda.russell@floridaea.org
DEAN RIDINGS
Presideut and CEO
FLORIDA PRESS ASSOCIATION
SERVICE
336 E. College Ave. Ste. 203
Tallahassee. FL 32301
(850)222-5790
(850)577-3600 (fax)
E-mail: deanr@flpress.com
JIM DOUGHTON
Publisher
THE GAINESVILLE SUN
P. O. Box 147147
Gainesville, FL 32614
(352)374-500 I
(352) 338-3130 (fax)
E-mail: jim.dollghton@gvillesun.com
C. PATRICK ROBERTS
President and CEO
FLORIDA ASSOCIATION OF
BROADCASTERS
20 I S. Monroe Street. Suite 201
Tallahassee. FL 32301
(850)681-6444
(850)222-3957 (fax)
Email: cproberts@fab.org
SENATOR DARYL L. JONES
President
D.L. JONES & ASSOCIATES, INC.
18495 South Dixie Highway. #222
Miami, fL 33157
(305) 969-3602
E-mail: djones20@prepaidlegal.com
DAVE WILSON
Senior Editor! Administration
THE MIAMI HERALD
One Herald Plaza
Miami, FL33132-1693
(305) 376-3685
(305)376-5287 (fax)
[-mail: dwilson(i~miamiherald.com
PATRICK RICE
Editor
NORTHWEST FLORIDA DAILY NEWS
P.O. Box 2949
Fort Walton Beach, FL 32549
(850)315-4400
(850)863-7834 (fax)
E-mail: patrickr@nwfdailynews.com
PETE WEITZEL
Trustee Emeritus
336 E. College Ave.. Ste. 101
Tallahassee, FI. 3230 I
(850)224-4555
(850)224-0435 (fax)
[-mail: PeteWeitzel@netscape.net
XIV
GOVERNMENT -IN-THE-SUNSHINE-MANUAL
A Public Policy of Open Government
INTRODUCTION
The Florida Constitution safeguards every Horidian's right of access to government
meetings and records. The comprehensive breadth and scope of our open government
laws have served for many years as a model for the rest of the nation. In Florida,
disclosure is the standard, unless the I,egislature concludes that the public necessiry
compels an exemption from our stron[!; open government laws.
The best way to ensure that government truly represents the people it serves is
to keep the government open and accessible to thosc people. For several decades
now, Florida has shown that openness is the key to building and maintaining public
trust in the institutions of government. The ~\ttorney General's Office is committed to
maintaining and building upon this tradition of openness.
The Government in the Sunshine Manual is prepared on an annual basis by the
Horida Attorney General's Office to serve as a guide to those seeking to become
familiar with the requirements of [he open [!;overnment laws. It is intended for both
[!;overnmentaI agencies and thc citizens they serve.
This year's edition of the Manual incorporates court decisions, Attorney General
Opinions, and legislation in place as of October 1, 2009.
Additional information about the Sunshine Law, including answers to frequently
asked questions, is available through the Office of the j\ttorney General's website:
www.myfloridalegal.com.
Suggestions from users of this manual are welcomed and appreciated. Please
forward comments to: The Office of the i\ttorney General, The Capitol, PL-01,
Tallahassee Florida 32399-1050; telephone number (850) 245-0140.
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
Legislative Highlights
The following are some of the more significant actions which occurred during the
2009 regular legislative session relating to the public's right of access to meetings and
records.
Dependents-- Personal identifying information of dependents of a current or former
officer or employee of an agency who is insured by an agency group insurance plan
is exempt from disclosure. Chapter 2009-104, Laws of Florida, amending s.
119.071(4)(b), ES.
Education Records-- Education records, as defined in the Familv Educational
Rights and Privacy i\ct, 20 USe:. s. 1232g, and federal rcgulations issued thereto, are
confidential and exempt and may not be released without the written consent of the
student or parent except as permitted by the federal act; in addition, the exemption
for student records in postsecondary educational institutions is amended to include
education records, as defincd by the federal act and implementing regulations, and
applicant records. Chapter 2009-240, Laws of Florida, creating s. 1002.221 and
amending s. 1006.52 ES.
Student Records-- The ri[!;hts of studcnts and their parents 'W~th respect to education
records created, maintained, or used by public educational institutions and agencies
as defined therein are established and such records, as well as education records of
postsccondary educational institutions, are requircd to bc protected in accordance with
the Family Educational Ri[!;hts and Privacy Act, 20 USe. s. 1232g, and implemcntin[!;
regulations. Chapter 2009-239, Laws of Florida, amending s. 1002.22 and creating
s. 1002.225, ES.
Education Testing-- Thc identity of a school or postsecondary institution, personally
identifiable information of personnel of a school district or institution, or specific
allegations of misconduct obtained or reported in connection with an investigation
of a testing impropriety conducted by the Department of Education are confidential
and exempt from disclosure until the investigation is concluded or becomes inactive.
Chapter 2009-143, Laws of Florida, amending s. 1008.24, ES,
Estates-- Any inventory of an estate, whether initial, amended, or supplementary, filed
with the clerk of court in conjunction 'W~th the administration of an estate is confidential
and exempt as well as an invcntory of an elective estate, whether initial, amended, or
supplementary, filed with thc clerk of thc court in conjunction with an elcction made in
accordance with Part II, Chapter 732. Any accounting, whether interim, final, amended,
or supplementary, filed in an estate proceeding is confidential and exempt. Chapter
2009-230, Laws of Florida, amending s. 733.604, F.S.
Military Bases-- Specified information held by the Florida Council on Military Base
and Mission Support relating to military base realignment and closure is exempt and
that portion of the council meeting where such information is prcsented and discussed
is closcd as well as any records generated durin[!; the closed meeting. Chapter 2009-
156, Laws of Florida, creating s. 288.985, F.S.
2
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
Prescription Drug Monitoring Program-- Certain identifying and location information
of a patient or patient's agent, a health care practitioner, a dispenser, an employce of
the practitioner who is acting on behalf of and at thc direction of the practitioner, a
pharmacist, or a pharmacy that is contained in Department of Health records under
the electronic prescription dru[!; monitoring program for monitorin[!; the prescribing
and dispensing of controlled substances is confidential and exempt from disclosure.
Chapter 2009-197, Laws of Florida, creating s. 893.055 I, F.S.
Department of Agriculture and Consumer Services-- Financial information, medical
information, school transcripts, examination lluestions, answers, papers, grades, and
gradin[!; keys required of an applicant for licensure from the Board of Professional
Surveyors and Mappers in the Dcpartment of Agriculture and Consumer Services
are confidcntial and exempt and if challcnged examination questions and answers are
produced by thc department in an administrative hcaring, such examination questions
and answers are confidential and exempt unless invalidatcd by the administrative law
judge. Meetings and records of meetings of a member of the department or of the
board held for the exclusive purpose of creatin[!; or reviewing licensure examination
questions or proposed cxamination questions arc confidential and exempt and persons
arc prohibited from dissemmatmg confidcntial information. In cases dismissed before
a finding of probable cause, the department's investigative report is confidential. ;\11
proceedings of the panel arc excmpt from s. 286.011 until 10 days after probable
cause has been found to exist by the panel or until the subject of the invcstigation
waives confidentialiry, and thc complaint and all information obtaincd pursuant to the
department's investigation arc confidential and exempt until 1 () days after probable
cause has been found to exist by the probable cause panel or by thc department,
or until the regulated professional or subject of the investigation waives his or her
privilege of confidcntialiry, whichever occurs first; however, this exemption docs not
apply to actions against unlicensed persons pursuant to s. 472'()36. The departmcnt or
board may charge a fee not to exceed $25 for the certification of a public record, the
fee to bc detcrmined by rule of thc department. Chapter 2009-66, Laws of Florida,
creating ss. 472.0131,472.0201 and 472.02011, F.S., and amending ss. 472.011
and 472.033, F.S.
Department of Financial Services-- If a record requested from thc departmcnt or
Office of Insurance Regulation is exempt, the dcpartmcnt or office shall disclose to
the person in writing that the requcsted record will be provided in a redacted format
and that there will be additional fees char[!;cd for staff time associated with rcscarching
and redacting the cxempt portion of the record. Before the department or officc
provides the record, the person must affirm his or her request to reccive the record.
Chapter 2009-70 Laws of Florida, creating s. 624.231, F.S
Department of Highway Safety and Motor VehicIes-- Personal information contained
in state motor vehicle records is confidential and may only be released as providcd in
the federal Driver's Privacy Protection Act of 1994,18 U.s.e:. ss. 2721 et seq., and may
not bc used for mass commercial solicitation of clients for litigation against motor
vehicle dealcrs. Chapter 2009-153, Laws of Florida, amending s. 119.0712, F.S.
Governmental Financial Informationn Thc Transparency Florida Act requires the
establishmcnt of a website by the Executive Office of the Governor, with oversight
and management by the Legislative Auditing Committec, to provide information on
3
GOVERNMENT-IN - THE-SUNSHINE- MANUAL
governmental appropriations and expenditures. The initial phase will include data from
state government with the committee to propose a schedule for additional information
to be available by information type and governmental entity. Chapter 2009-74, Laws
of Florida, creating s. 215.985, F.S.
Florida Insurance Guaranty Association-- Certain records of the Florida Insurance
Guaranty Association such as specified claims files, medical records that are part of a
claims file, information relating to the medical condition or medical status of a claimant,
and records pertaining to matters reasonably encompassed in privilc[!;ed attorney-client
communications of the association, arc confidential and exempt as provided therein.
Chapter 2009-186, Laws of Florida, creating s. 631.582, F.S.
Procurement Policies-- The Department of State is required to develop, in consultation
with the Agency Chief Information Officers Council, procedures to be used by state
agencies whcn procuring information technology commodities and contractual services to
ensure compliance "lith public records requirements and records-retention and archiving
requirements. Chapter 2009-80, Laws of Florida, amending s. 287.042, F.S.
Administrative Procedures Act-- Each agency is required to give notice of public
mcetings, hearin[!;s, and workshops on the agency's wcbsite and to publish agendas and
certain other nonexempt materials on the agency's website. Chapter 2009-187, Laws
of Florida, amending s. 120.525, F.S.
4
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
PART I
GOVERNMENT IN THE SUNSHINE LAW
A. WHAT IS THE SCOPE OF THE SUNSHINE LAW?
Florida's Government in the Sunshine Law, commonly referred to as the Sunshine
Law, provides a right of access to governmcntaI proceedings of public boards or
commissions at both the state and local levels. The law is equally applicable to elected
and appointed boards and has been applied to any gathering of two or more members
of the same board to discuss some matter which will foreseeably come before that
board for action. There are three basic requiremcnts of s. 286.011, FS.:
1. (1) mcetin[!;s of public boards or commissions must be open to the public;
2. (2) reasonable notice of such meetin[!;s must bc given; and
3. (3) minutes of thc mectin[!;s must be takcn and promptly recorded.
The complete text of the Govcrnment in the Sunshine Law and rclated statutcs
may be found in Appendix B.
A right of access to meetings of collegial public bodics is also recognized in the
Florida Constitution. See Frankenmuth Mutual Insurance Company v. Magaha, 769 So.
2d 1012, 1021 (Fla. 2(00), noting that thc Sunshine Law "is of both constitutional
and statutory dimension." Articlc I, s. 24, Fla. Const., was approved by the voters
in the November 1992 gencral clcction and bccame effective July 1, 1993. Virtually
all collegial public bodies are covercd by the open mcetings mandate of the open
government constitutional amcndment ,,~th the exception of thc judiciary and thc
statc Legislaturc, which has its own constitutional provision requiring access. The only
exceptions are those established by law or by the Constitution. The complcte text of
the amendmcnt may be found in Appcndix .\ of this manual.
The requirements of the Sunshine Law and Art. J, s. 24, Fla. Const., are discusscd
in detail in Part I. Plcase refer to the Table of Contents or the Index for a listing of
the specific subjccts.
B. WHAT AGENCIES ARE COVERED BY THE SUNSHINE LAW?
1. Are all public agencies subject to the Sunshine Law?
The C;overnment in the Sunshine Law applies to "any board or commission of
any state agency or authority or of any agency or authority of any county, municipal
corporation, or political subdivision." The statutc thus applies to public collegial
bodies within this statc, at the local as well as state level. City of Miami Beach v. Berns,
245 So. 2d 38 (Fla. 1971). It is equally applicable to elcctcd and appointed boards or
commissions. AGO 73-223.
Florida courts have stated that it was the Legislature's intent to extend application
of the Sunshinc Law so as to bind "every 'board or commission' of the state, or of
5
GOVERN MENT - IN-THE-SUNSHINE-MANUAL
any county or political subdivision over which it has dominion and control." Times
Publishing Company v. Williams, 222 So. 2d 47il, 473 (Fla. 2d DC\ 1969), disapproved
in part on other grounds, Neu v. Miami Herald Publishing Company, 462 So. 2d 821
(Fla. 1985). And see Turner v. Wainwright, 379 So. 2d 148, 155 (Fla. 1st DCA 1980),
affirmed and remanded, 389 So. 2d 1181 (Fla. 1980) (rejccting a board's argument that a
legislative requirement that certain board meetin[!;s must be open to the public implies
that the board could meet privately to discuss other matters).
Based upon the specific terms of the statute and the "dominion and control"
test approved by the courts, the following are some of the entities which the Attorney
General's Office has concluded are subject to the Sunshine Law:
civil service boards--AC;Os 79-63, 73-370, 71-29 (municipal) and 80-27 (sheriff);
county and municipal boards--AGOs 04-35 (city risk management
committee), 85-55 (downtown redevclopment task force), 83-43 (board
of adjustment), 76-230 (beautification committee), and 73-366 (board of
governors of municipal country club);
interIocal agreement boardsni\C;Os 84-16 (five-county consortium
created pursuant to Florida Interlocal Cooperation l\ct), 82-66 (regional
sewer facility board), 76-193 (Central Florida Commission on the Status
of Women), and Inf. 01" to Nicoletri, Nlwember 18, 1987 (Loxahatchce
Council of Govcrnments, Inc.);
rcgulatory boards.--V;Os 7(,-225 (accountancy), and 7484 (dentistry);
special district boardsnAGOs 74.169 (fire control district), and 73-08 (mosquito
control district).
2. Are advisory boards which make recommendations or committees established
only for fact-finding subject to the Sunshine Law?
a. Publicly created advisory boards which make recommendations
Advisory boards created pursuant to law or ordinance or otherwisc cstablished by
public agencies are subject to the Sunshine Law, even though thcir recommendations
arc not binding upon the entities that crcate them. I"or example, in Town a/Palm Beach
v. Gradison, 296 So. 2d 473 (Fla. 1974) , the Florida Supreme Court held that a citizen
planning committee appointcd by the city council to assist in the revision of zoning
ordinances was subject to the Sunshine Law. Thc court determincd that the committee
served as the alter ego of the council in making tentative decisions and stated that "any
committee established by the Town Council to act in any type of advisory capacity
would be subject to thc provisions of the governmcnt in the sunshinc law." Id. at
476. Accord Spillis Candela & Partners, Inc. v. Centrust Savings Bank, 535 So. 2d 694,
695 (Fla. 3d DCA 1988) (committee which compiled a report that was perfunctorily
accepted by the board made a significant rulin[!; affectin[!; decision-making process and
was subject to s. 286.011; "ad hoc advisory board, cven if its power is limited to making
recommendations to a public agency and even if it possesses no authority to bind
the agency in any way, is subject to the Sunshine] ,aw"). And see Monroe County v.
6
GOVERNMENT- IN - THE-SUNSHINE- MANUAL
Pigeon Key Historical Park, Inc., 647 So. 2d 857, 869 (1'1a. 3d DCA 1994) (committee
established by county commission to negotiate lease agreement subject to s. 286.011:
"the Sunshine Law equally binds all members of governmental bodies, be they advisory
committee members or elected officials"); and Lyon v. Lake County, 765 So. 2d 785 (1'1a.
5th DCA 20(0) (Sunshine Law applies to site plan review committec created by county
ordinance to serve in an advisory capacity to the county manager).
The Attorncy General's Office has issued numerous opinions discussing the
application of the Sunshine Law to advisory committees. Thc following are some of
the advisory committees which have been found to be subject to the Sunshine Law:
community issues advisory bodies--i\C;Os 98-13 (citizen advisory
committee appointed by city council to make recommendations to the
council rcgarding city government and city services), 93-41 (criminal
justice commission established by county ordinance to dcvelop and make
recommendations on criminal Justice issucs in the county), and 85-55
(community certification committee organized by cIty to act on its behalf
in seeking dcsignation of city as a blue chip community under a pro[!;ram
of the Department of Commerce);
employee or personnel advisory bodies--AGOs 96-32 (employee advisory
committee established pursuant to special law), 92-26 (committee
responsible for making recommendations to city council on personnel
matters), and 84-70 (grievance committees established pursuant to county
personnel manual and responsible for endeavoring "to bring about a fair
and equitable settlement of thc complaint");
education advisory bodies--AGOs 03-28 (business assistance center
advisory council created by community college board of trustees), 01-
84 (school advisory councils created pursuant to former s. 229.58 [now
s. 1001.452], FS.), and 74-267 (Council of Deans appointed by state
university president);
legislation implementation advisory bodies--AGOs 92-79 (advisory
committee authorized by statute to assist state agency with the
implementation of legislauon), and 85-76 (ad hoc committcc appointed by
mayor for purpose of makin[!; recommendations concerning legislation);
planning or property acquisition advisory bodies--,\GOs 05-07 ~ake
restoration council created by the Legislature within a water management
district to advise district governing board), 02-24 (vegetation committee
created by city code to make recommcndations to city council and
planning department regarding vegetation and proposed developmcnt),
87-42 (ad hoc committee appointed by mayor to meet with Chamber of
Commercc and draft proposal for transfer of city property), and 86-51
~and selection committee appointed by water management district to
create proposed land acquisiuon list).
The Sunshine Law has also been applied to advisory committees that are
appointed by a sin[!;lc public official as well as those appointed by a collegial board.
See e,g., Wood v, Marston, 442 So. 2d 934 (Fla. 1983) (Sunshine Law applies to an ad
7
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
hoc advisory committee appointed by university president to screen applications and
make recommendations for the position of dean of the law school; in deciding which
of the applicants to reject from further considcration, the committec performcd a
policy-based, decision-making function); Silver Express Company v, District Board of
Lower Tribunal Trustees, 691 So. 2d 1099 (Fla. 3d DCA 1997) (committee established by
community college purchasing director to consider and rank various contract proposals
must meet in the Sunshine); and Krause v. Reno, 366 So. 2d 1244 (Fla. 3d DCA 1979)
(Sunshine Law governs advisory group created by city manager to assist him in scrcening
applications and to recommend sevcral applicants from the pool of applications for the
position of chief of police). Accord I\CO os-os (fact that advisory group was created
by chief of policc and not city commission and its recommendations werc made to
police chief would not remove group from ambit of the Sunshine I,aw). And see Inf.
01" to Lamar, Au[!;Ust 2, 1993, regarding the application of the Sunshinc Law to a
transition team made up of citizens appointed by a mayor to make rccommendations
on the reorganization of city government.
b. Fact-finding committees
A limited exception to the applicability of the Sunshine Law to advisory committees
has been recognized for advisory committees establishcd for fact-finding only. When
a committee has been established strictly for, and conducts only, fact-finding activities,
i.e., strictly information gathering and reportin[!;, thc activities of that committee arc
not subject to s. 286.01 1, FS. Cape Publications, lnc, v. City of Palm Bay, 473 So. 2d
222 (Ha. 5th DC\ 1985). Accord I\GO 95-06 (when a [!;roup, on behalf of a public
cntity, functions solely as a fact-finder or information [!;atherer with no decision-making
authority, no "board or commission" subject to the Sunshine Law is created).
For example, the court in Bennett v. Warden, 333 So. 2d 97 (Fla. 2d DC\ 1976),
held that a fact-finding committee appointed by a community college president to
report to him on employee working conditions was not subject to the Sunshine La\v.
Later, in Wood v, Marston, 442 So. 2d 934 (Fla. 1983), the Supreme Court approved the
holding in Bennett that such fact-finding consultations are not subject to s. 286.011,
FS. And see Lyon v. Lake County, 765 So. 2d 785 (Fla. 5th DC\ 20(0) (Sunshine
Law did not apply to informal meetings of staff where the discussions were "merely
informational," where none of the individuals attending the meetings had any decision-
making authority during the meetings, and where no formal action was taken or could
have been taken at the meetings). Cf Finch v. Seminole County School Board, 995 So.
2d 1068 (Fla. 5th DCA 20(8), in which thc court held that the fact-finding exception
docs not apply to the ultimate decision-makin[!; governmental authority; thus the school
board could not take a fact.-finding tour \vithout complying with the Sunshine Law
even though school board members were separatcd from each other by several rows
of seats, did not discuss their preferences or opinions, and no vote was taken during
the trip.
However, when a committee has a decision-makin[!; function in addition to fact-
finding, the Sunshinc Law is applicable. For example, in Wood v. Marston, the Court
recognized that a "search and screcn" committee appointed by a university prcsident
which was responsible for soliciting and compiling applications for a position "had an
admitted 'fact-gathering' role in the solicitation and compilation of applications." 442
8
GOVERNMENT- IN- THE-SUNSHIN E- MANUAL
So. 2d at 938. But, because the committee "had an equally undisputcd decision-making
function in screening the applicants" by deciding which of the applicants to reject from
further consideration, the Sunshine Law was applicable. Jd. And see Roscow v. Abreu,
No. 03-CA-1833 (Fla. 2d Cir. Ct. August 6, 2(04), in which the circuit judge relied on
Wood in finding that a committee created by the state department of transportation and
composed of officials from state, local and federal agencies was subject to the Sunshine
Law because the committee was responsible for screening and evaluating potential
corridors and ali[!;l1ments for a possible expansion of the Suncoast Parkway.
Similarly, in :\GO 94-21, the i\ttorney Ceneral's Office advised that the Sunshine
Law governed the meetings of a negotiating team that was created by a city commission
to negotiate with a sports organization on behalf of the city. Even though the resolution
creating the team provided that the negotiations were subject to ratification and
approval by thc city commission, the team was authorized to do more than mere fact-
finding in that it would bc "participating in the decision-making process by accepting
some options while rejecting others for presentment of the final negotiations to the
city commission." ld.
3. Are private organizations subject to the Sunshine Law?
;\ more difficult question is presented with private organizations which are
providing services to state or local government. The Attorney General's Office has
recognized that private organizations generally arc not subject to the Sunshine Law
unless thc private organization has becn delegated thc authority to perform some
governmental function. See e.g., lnf. Op. to Fasano, June 7, 1996 (Sunshine Law does
not apply to meetin[!;s of a homeowners' association board).
Thus, thc Sunshine Law does not apply to a private nonprofit corporation
established by local business people to foster economic development where no
delegation of legislative or governmental functions by any local governmental cntity
has occurred and the corporation docs nor act in an advisory capacity to any such
entity. lnf. 01" to Hatcher and Thornton, September 15, 1992. And See 1nf. 01" to
Armcsto, Scptember 18, 1979. concluding that meetings of political parties arc not
subject to s. 286.011, FS.
However, thc Sunshine l,aw has bccn held to apply to private entities crcated by
law or by public agencies, and also to private entitics providing services to governmental
agcncies and acting on bchalf of those agencies in thc performancc of their public
dutics. Each of these circumstances is discussed more fully below.
a. Private entities created pursuant to law or by public agencies
Florida casc law provides that the Sunshine Law should be libcrally construed to
givc effect to its public purpose. See e.g., Wood v. Marston, 442 So. 2d 934 (Fla. 1983);
Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693 (Fla. 1969)
(starute should be broadly construcd to effect its remedial and protective purposes).
Thus, the Supreme Court stated that "ltlhe Legislarurc intcnded to extend application
of the 'open meeting' concept so as to bind every 'board or commission' of the state,
9
GOVERNMENT- IN-THE-SUNSHINE-MANUAL
or of any county or political subdivision over which [the Legislature] has dominion or
control." City of Miami Beach v. Berns, 245 So. 2d 38, 40 (Fla. 1971). Similarly, an entity
that acts on behalf of a governmental entity in the performance of its public duties
may also be subject to open meetings requircments. See Town afPalm Beach v. Gradison,
296 So. 2d 471, 478 (Fla 1974) (Sunshinc Law applics to an advisofV committee that
was cstablishcd by a city council and was "active on [itsJ behalf").
Applying these principles, the Attorney Gcneral's Office concluded that thc Board
of Directors of Enterprise Florida, Inc., must comply with the Sunshine Law. AGO
92-80. Even though the organization was acting as a nonprofit corporation, it was
created by a statute which also prescribed its membership, powers and duties. Id.
And See AGO 04-44 (Sunshine Law applies to Prison Rehabilitative Industries and
Diversified Enterprises IPRIDE], the nonprofit corporation established by state law to
manage corrcctional work programs of the Department of Corrections. Cf Inf. 01" to
Martelli, July 20, 2009 (State Fair j\uthority, creatcd by statute as a public corporation,
is subject to s. 286.D11, FS.).
Similarly, in :\GO 97-17 thc Attorney General's Officc advised that the Sunshinc
Law applied to a not-for-profit corporation created by a city redevclopment agency to
assist in the implementation of the agency's redevelopment plan. See also A(;O 98-
55 (meetings of thc board of directors of the Council on Aging of St. Lucie, Inc., a
nonprofit organization incorporated pursuant to the "Community Carc for the Eldcrly
Act," must comply \vith the Sunshine Law); AGO 98-42 (l.'lorida High School Activities
Association, 1nc., having been lcgislatively designated as the govcrning organization of
athlctics in Florida public schools, is subject to the Sunshine Law); and AGO 98-01
(Sunshine Law applies to board of trustees of insurance trust fund created pursuant to
collective bargaining a[!;reement between city and employee union).
A community college direct-support organization, as defined in s. 1004.70, ES.,
is subject to the Sunshine Law. AGO 05-27. See also AGO 92-5} (John and Mable
IZingling Museum of Art Foundation, Inc., established pursuant to statute as a not-for-
profit corporation to assist the museum in carrying out its functions by raising funds
for the museum, subject to Sunshinc Law); and Inf. 01" to Chiumemo,June 27,1990
(direct-support organization, created pursuant to statute for the purpose of assisting
a district school board in carrying out the educational nceds of its students, governed
by Sunshine Law).
b. Private entities providing services to public agencies
Much of the litigation rcgarding the application of the open government laws
to private organizations providing scrvices to public a[!;encies has been in the area
of public rccords. E.g., News and Sun-Sentinel Company v. Schwab, Twitty & Hanser
Architectural Group. Inc., 596 So. 2d 1029 (l'la. 1992). Thc courts, however, have looked
to Ch. 119, F.S., in determining the applicability of the Sunshine Law. See Cape Coral
Medical Center, Inc. v. News-Press Publishing Company. Inc" 390 So. 2d 1216, 1218 n.5
(Fla. 2d DC\ 1980) (inasmuch as the policies bchind Ch. 119, FS., and s. 286.011, FS.,
are similar, they should be read togethcr); Wood v. Marston, 442 So. 2d 934, 938 (pIa.
1983); and Krause v. Reno, 366 So. 2d 1244, 1252 (pIa. 3d DCA 1979).
10
GOVERNMENT- IN- THE-SUN SHINE- MANUAL
Accordingly, as the courts have emphasized in analyzing the application of Ch.
119, FS., to entities doing business \\~th governmental agencies, the mere reccipt of
public funds by privatc corporations, is not, standing alone, sufficient to bring the
organization within the ambit of the opcn WlVernment requirements. See News and
Sun-Sentinel Company v. Schwab, Twitty & Hanser Architectural Group, Inc., supra
(records of private architectural firm not subject to Ch. 119, I'S, merely because firm
contracted with school board); and Stanfield v. Salvation Army, 695 So. 2d 501 (Fla. 5th
DC\ 1997) (contract bctween Salvation Army and county to provide services does
not in and of itself subjcct the organization to the Public Rccords Act). Cf Campus
Communications, Inc. v. Shands Teaching Hospital and Clinics, Inc., 512 So. 2d 999 (Fla.
1 st DCA 1987), review denied, 531 So. 2d 1352 (Fla. 1988).
Thus, a private corporation which performs scrvices for a public agency and
receives compensation for such services pursuant to a contract or othe1'\\~se, is not by
virtue of this relationship alone subject to the Sunshine Law unless the public agency's
governmental or legislative functions have been delegatcd to it. McCoy Restaurants, Inc.
v. City of Orlando, 392 So. 2d 252 (Fla. 1980) (airlines are not by virtuc of their leasc
with the aviation authority public rcpresentatives subject to thc Sunshine Law); AGO
98-47 (Sunshine Law does not apply to private nongovernmental organization when
the organization counsels and advises private business concerns on their participation
in a federal loan program madc available through a city); and AGO 80-45 (the receipt
of Medicare, Medicaid, government grants and loans, or similar funds by a private
nonprofit hospital does not, standing alone, subject the hospital to the Sunshine Law).
Howevcr, although private organizations gcnerally are not subject to the Sunshine
Law, open meetings requirements can apply if the public entity has delegated "the
pcrformancc of its public purpose" to the private entity. Memorial Hospital- \Vest
Valusia, Inc. v. News-Journal Corporation, 729 So. 2d 373, 382-383 (Ha. 1999). And See
Mae Volen Senior Center, Inc. v. Area Agency on Aging, 978 So. 2d 191 (Fla. 4th DCA
20(8), review denied, 1 So. 3d 172 (Fla. 2(09) (area agencies on aging which arc public
or private nonprofit or[!;anizations dcsignated by the Departmcnt of Elder Affairs to
coordinatc and administer dcpartment pro[!;rams and to provide, through contracting
agcncies, services for thc elderly within a planning and scrvice area arc subject to Ch.
119 and s. 286.011, FS., when considerin[!; any contracts rcquiring the cxpenditure
of public funds). Compare Memorial Hospital- \Vest Valusia, Inc. v. News-Journal
Corporation, 927 So. 2d 961 (Fla. 5th DCA 20(6), in which the Fifth District applied
the "totality of factors" tcst set forth in News and Sun-Sentinal Co. v. Schwab, Twitty &
Hanser Architectural Group, Inc., supra, and dctermined that a private corporation that
purchascd a hospital it had prcviously leased from a public hospital authority was not
acting on behalf of a public agency and thereforc was not subject to the Public Records
Act or the Sunshine Law.
Thus, in AGO OG-03, the Attorney General's Office found that meetings of the
board of directors of the Family Scrviccs Coalition, Inc., an entity performing services
for the Dcpartmcnt of Children and Family Services pursuant to statute, which services
would normally be performed by the dcpartment, were subject to the Sunshine Law.
The Attorney General has also stated that local health councils, which may be public
or private nonprofit corporations, whose duties arc prescrihcd by s. 4G8.033, FS., and
which pro\~de an integral role in the decision-making process of the Agency for Health
11
GOVERNMENT -IN-THE-SUNSHINE- MANUAL
Care Administration in providing for the coordinated planning of health care services
within the state, arc subJect to s. 286.D11, FS. ;\GO 07-27. And See ACOs D7-44
(property owners association, delegated performance of services otherwise performed
by municipal services taxing unit, subject to Sunshine Law); 04-32 (Sunshine Law
applies to meetings of boards of directors of volunteer fire departments that provide
fire fighting services to the county and use facilities and equipment acquircd with county
funds),; 08-66 (community land trust, which contracted ,,~th city to accomplish city's
responsibilities to provide affordable housing for certain households and acted as an
integral part of the city's decision-making process in determining applicant eligibility,
subjcct to s, 286.011). Cf AGO 96-43 (Astronauts Memoriall~'oundation, a nonprofit
corporation, is subject to the Government in the Sunshine Law when performing those
duties funded under the General Appropriations Act); and Inf. 01" to Bedell, Dccember
28, 2005 (private nonprofit organization which entered into an agreement \\~th a city
to operate a theater, received city funding in the form of a loan for this purpose, and
leased property from the city, should comply with the Sunshine Law when holding
discussions or making decisions regarding the theater).
Additionally, the Attorney General's Office has concluded that if a county
commission dissolves its cultural affairs council and designates a nonprofit organization
to fulfill that role for the county, the nonprofit organization would be subject to the
Sunshine La\v. AGO 98-49. As noted in the opinion, the nonprofit ot[!;anization would
be providing services in place of the county council and would receive the public
funding formerly provided to thc council to carry out that purpose. Id. And See ;\GO
02-53 (Martin County Golf and Country Club, a not-for-profit corporation which was
specifically created to contract with the county for thc operation of a public golf course
on county property acquired by public funds, is subject to open records and open
meetings requirements); ;\GO 85-55 (even though a downtown redevclopment task
force was not appointed by the city commiSSIOn, the task force's actions in analyzing
methods for downtown improvement would be subject to the Sunshine Law because
it, in effect, stood in place of thc city commission when considering downtown
improvement issues); AGO 83-95 nongovernmental advisory committee, which had
bcen impliedly delegated the authority to act on behalf of the county commission
in a review of the zonin[!; code, is subject to the Sunshine Law); and AGO 77-43 (a
committee sclected by a county bar association on behalf of the school board to screen
applicants and makc recommendations for the position of school board attorney must
comply with s. 28().011, ES.).
On the other hand, meetings of a county volunteer firefighters association for the
purpose of providing a forum for county volunteer fire departments to meet and discuss
common county fircfighting concerns and issues are not subject to the Sunshine Law.
:\GO 04-32. Cf ;\(;0 DO-08 (meetings of the Lee County Fire Commissioner's Forum,
a nonprofit cntity creatcd by fire districts as a vehicle for networking and discussion of
common concerns, would be subject to the Sunshine Law if the Forum opcrates as a
collcgial body for incipient decision making); and lnf. Op. to Wiles, February 14,2002
(if the State University Presidcnts Association operates as a collegial body for incipient
decision-making, then the association would be subject to the Sunshine Law; if the
association, however, merely provides an opportunity to network and discuss common
concerns, the association would not necessarily be subject to the Sunshine Law).
12
GOVERNMENT-IN- THE-SUNSHIN E- MANUAL
c. Homeowners' associations
The Sunshinc Law does not generally apply to meetings of a homeowners'
association board of directors. Inf Op. to Fasano, June 7, 1996. Other statutes
govern access to records and meetings of these associations. See e.g., s. 720.303(2),
FS. (homeowners' association board of directors and any committce making a final
decision regarding the expenditure of association funds or any body having the
authority to approve architectural plans involving a spccific picce of property owned by
a community resident); s. 718.112(2)(c), FS. (condominium board of administration);
s. 719.106(1)(c), F.S. (cooperative board of administration); and s. 723.078(2)(c), FS.
(mobilc homc park homeowners' association board of directors). Cf ,\GO 99-53 (an
architectural review committee of a homeowners' association is subJcct to the Sunshine
Law wherc that committee, pursuant to county ordinance, must review and approve
applications for county building permits).
4. Are federal agencies subject to the Sunshine Law?
Federal agencies, i. e" agencies created undcr federal law, operating within the state,
do not come within the purview of the state Sunshine Law. AGO 71-191. See also
Cincinnati Gas and Electric Company v. General Hectric Company, 854 E2d 900 (6th Cir.
1988), cert. denied, 109 S.Ct. 1171 (1989) (public has no ri[!;ht of access to negotiations
leadin[!; to settlement of a case in federal court).
Thus, meetings of a federally-created private industry council are not subject to
s. 286.011, FS. ;\GO 84-16. Cf Inf 01" to Knox, January 6, 2005 (St. Johns River
;\lliance, Inc., a non-profit corporation formed to help carry out the federal American
Heritage Rivers Initiative and the associated intergovernmental Partnership j\greement
among state, local and federal governmental cntities, is subject to s. 286.011, FS.,
requirements); Inf. 01" to Green, December 11, 1998 (tri-state river commission
established pursuant to state and federal law is subject to the Sunshinc Law); and Inf.
01" to Markham, Septcmber Ill, 19% (technical oversight committee established bv state
agencies as part of settlement agreement in federallawswt subject to Sunshine Law).
5. Does the Sunshine Law apply to the Governor and Cabinet?
The courts have limited the application of s. 286.011, FS., to those functions of
the Governor and Cabinet which are statutory responsibilities as opposed to duties
arising under the Constitution, Thus, the Governor and Cabinet in dispensing pardons
and the other forms of clemency authorized by Art IV, s. 8(a), rIa. Const, are not
subject to s. 286.011, FS. Cf In re Advisory Opinion of the Governor, 334 So. 2d 561
(Fla. 1976) (Constitution sufficiently prescribes rules for the manner of exercisc of
gubernatorial clemency power; legislative intervention is, therefore, unwarranted).
Section 286.011, FS., however, does apply to the Governor and Cabinct sitting in
their capacity as a board created by the Legislature, such as the Board of Trustees of
the Internal Improvement Trust rund. In such cases, thc Governor and Cabinet are
not exercising powers derived from the Constitution but arc subject to the "dominion
and control" of the I,egisIature.
13
GOVERNMENT- IN- THE-SUN SHINE - MANUAL
Moreover, Art. I, s. 24, Fla, Const., requires that meetings of "any collegial public
body of the executive branch of state government" be open and noticed to the public.
The only exceptions to this constitutional ri[!;ht of access are those meetings which have
been exempted by the Legislature pursuant to ,\rt. 1, s. 24, Fla. Const., or which arc
specifically closcd by the Constitution. And See Art. III, s. 4(e), Fla. Const., providing, in
rclevant part, that "all prearranged gatherings, between. . . the governor, the president
of the scnate, or thc speakcr of the house of rcpresentatives, the purpose of which
is to agree upon formalle[!;islative action that will be taken at a subsequent time, or at
which formal legislative action is taken, regarding pendin[!; legislation or amendments,
shall be reasonably open to the public."
6. Does the Sunshine Law apply to commissions created by the Constitution?
The courts have determined that boards or commissions created by the
Constitution which prescribes the manner of the exercise of their constitutional
powers are not subject to s. 286.011, F.S., when carrying out such constitutionally
prescribed duties. See Kanner v. Frumkes, 353 So. 2d 196 (Fla. 3d DCA 1977) (judicial
nominating commissions are not subject to s. 286'()11, FS.). Cf In re Advisory Opinion
of the Governor, 334 So. 2d 561 (Fla. 1976) (clemency power does not exist by virtue of
legislative enactment; rather Constitution sufficicntly prescribes rules for the manner
of exercise of the power); and .\CO 7765 (Ch. 120, FS., inapplicable to Constitution
Revision Commission established by Art. XI, s. 2, Fla. C:onst.). Compare Turner v.
Wainwright, 379 So. 2d 148 (Fla. 1st DCA), affirmed and remanded, 389 So. 2d 1181
(Fla. 1980), holding that thc Parole Commission, which Art. IV, S. 8(c), Fla. Const.,
recognizes may be created by law, is subject to s. 286.011, FS.
However, Art. I, s. 24, Fla. Const., establishes a constitutional right of access to
meetings of any collegial public body of the executive branch of state government by
providing that such mectings must be open and noticed to the public unless exempted
by the Legislature pursuant to Art. I, s. 24, Fla. Const., or specifically closed by the
Constitution.
7. Does the Sunshine Law apply to the Legislature?
Article I, s. 24, Jila. Const., requires that meetings of the Legislature be open and
noticed as provided in j\rt. Ill, s. 4(e), Fla. Const., except with respect to those meetings
exempted by the Legislature pursuant to ;\rt. I, s. 24, Fla. Const., or spccifically closed
by thc Constitution.
Pursuant to ,\rt. Ill, s. 4(e), Fla. Const., the rules of procedure of each house of
the Legislature must provide that all legislative committee and subcommittee meetings
of each house and joint conference committee meetings be opcn and noticed. Such
rules must also provide:
[A]ll prearranged gatherings, between more than two members
of the legislature, or between the governor, the president of the
senate, or the speaker of the house of representatives, the purpose
of which is to agree upon formal legislative action that will be taken
14
GOVERNMENT-IN -THE-SUNSHINE-MANUAL
at a subscquent time, or at which formal legislative action is taken,
regarding pending legislation or amendments, shall be reasonably
open to the public. All open meetings shall bc subject to order and
decorum. This section shall be implemcnted and defined by the rules
of cach house, and such rules shall control admission to the floor
of each legislative chamber and may, where rcasonably necessary
for security purposes or to protcct a witness appearing before a
committce, pro\'idc for the closure of comrmttee mectings. Each
house shall bc the sole judgc for thc interpretation, implementation,
and enforcement of this section.
The votcs of members during the final passage of legislation pending beforc a
committee and, upon rcquest of two mcmbers of a committcc or subcommittce, on
any othcr qucstion, must be recorded. Article 111, s. 4(c), Fla. Const.
8. Does the Sunshine Law apply to the judiciary?
The open meetings provision found in Art. I, s. 24, Fla. Const., does not include
mcetings of the judiciary In addition, separation of powers principles make it unlikely
that the Sunshine Law, a legisIativc enactment, could apply to the courts established
pursuant to Art. V, Fla. Const. AGO 83-97. Thus, questions of acccss to judicial
proceedings usually arisc under othcr constitutional guarantees relating to open and
public judicial proceedin[!;s, j\mend. VI, U.S. Const., and freedom of the press, Amend.
1, U.S. Const. Howevcr, a circuit conflict committee established by the Legislature to
approvc attorneys handling conflict cases is subject to the Sunshine Law, even though
the chief judgc or his or her designee is a member, because the "circuit conflict
committees are created by the Legislature, subject to its dominion and control." AGO
83-97. And See Canney v. Board of Public !nstruction of Alachua County, 278 So. 2d 260
(Fla. 1973) (Sunshine Law applics to quasi-Judicial functions; a board exercising quasi-
judicial functions is not a part of the judicial branch of [!;overnment).
a. Criminal proceedings
;\ court possesses the inherent power to control the conduct of procccdings before
it. Miami Herald Publishing Company v, Lewis, 426 So. 2d 1 (Fla. 1982); and State ex reI.
Miami Herald Publishing Company v. Mc!ntosh, 340 So. 2d 904 (Fla. 1977). A three-
pronged test for criminal procecdings has been developed to provide "the best balance
between the need for open [!;o\'crnment and public access, through the media, to the
judicial process, and the paramount right of a defendant in a criminal proceeding to a
fair trial before an impartial jury." Lewis, supra at 7. Closure in criminal proceedings is
acceptable only when:
1) it is necessary to prevent a serious and imminent threat to
the administration of jusrice;
2) no alternatives are available, other than change of venuc,
which would protect the defendant's right to a fair trial;
and
15
GOVERNMENT-IN - THE-SUNSHINE- MANUAL
3) closure would be effcctive in protecting the defendant's
rights without being broader than necessary to accomplish
that purposc.
And See Bundy v. State, 455 So. 2d 330, 339 (Fla. 1984), noting that the trial court
properly used a combination of alternative remedies for possible prejudicial effects of
pretrial publicity instead of barring public access to pretrial proceedin[!;s.
Article I, s. 16(b), Fla. Const., provides that victims of crime or their lawful
representatives, includin[!; the next of kin of homicide victims, are entitled to be
informed, to be present, and to be heard when relevant, at all crucial stages of criminal
proceedings, to the extent that these rights do not interfere \vith the constitutional
rights of the accused. See Sireci v. State, 587 So. 2d 450 (l<'Ia. 1991), cert. denied, 112
S.Ct. 1500 (1992) (court did not err by allowing the wife and son of the victim to
remain in the courtroom after their testimony). See also s. 9(,0.001 (l)(e), FS., restricting
cxclusion of victims, their lawful representatives, or their next of kin.
b. Civil proceedings
Stressing that all trials, civil and criminal, arc public events and that there is a strong
presumption of public access to these proceedings, the Supremc Court in Barron v.
Florida Freedom Newspapers, Inc., 531 So. 2d 113 (Fla. 1988), set forth the foll()\\~ng
factors which must be considercd by a court in determining a request for closure of
civil proceedings:
1) a strong presumption of openness exists for all court proceedings;
2) both thc public and news media have standing to challengc any
closure order with the burden of proof being on the party sceking
closure;
3) closure should occur only when necessary
a) to comply with established public policy as set forth in the
Constitution,
statutes, rules or case law;
b) to protect trade secrets;
c) to protect a compelling governmental interest;
d) to obtain cvidence to properly detcrmine legal Issues in a case;
e) to avoid substantial injury to innocent third parties; or
f) to avoid substantial injury to a party by disclosure of matters protected
by a common law or privacy right not generally inhercnt in thc specific
type of civil procceding sought to be closed.
4) whether a reasonable alternativc is available to accomplish the desired
result and if none exists, the least restrictive closure necessary to
accomplish its purpose is used;
5) the presumption of openness continues through the appellate review
process and the party seekin[!; closure continues to have the burden
to justify closure.
In a more recent decision, the Court reiterated its support for the Barron standards
and explained that "public access to court proceedings and rccords [is] important to
16
GOVERNMENT -IN- THE-SUNSHINE- MANUAL
assure testimonial trustworthiness; in providing a wholesome effect on all officers of
the court for purposes of moving those officers to a strict conscientiousness in the
performance of dury; in allowing nonparties the opportuniry of learning whether thcy
arc affected; and in instilling a strong confidence in judicial remedies, which would
be absent under a system of secrecy." Amendments to the Florida Family Law Rules
of Procedure, 723 So. 2d 208, 209 (Fla. 1998). And see BDO Seidman v. Banco Espirito
Santo international, Ltd., 34 FLW D739 (Fla. 3d DCA 20(9) (test for sealing of court
proceedings and rccords is set forth in Barron v, Florida freedom Newspapers, inc.).
c. Depositions
While the courts have recognized that court proceedings are public events and
the public generally has access to such proceedings, the general public and the press
do not have a right under thc First Amendment or the rules of procedure to attend
discovery depositions. See Palm Beach Newspapers, inc. v. Burk, 504 So. 2d 378, 380
(Fla. 1987), cert. denied, 108 S.Ct. 346 (1987), stating that while discovcry depositions in
criminal cascs are judicially compelled for the purpose of allowing parties to investigate
and prepare, they are not judicial proceedings. Accord Post-Newsweek Stations, Florida,
inc. v, State, 510 So, 2d 896 (Fla. 1987) (media not entitled to notice and opportuniry
to attend pretrial discovery depositions in criminal cases); and SCi Funeral Services of
Florida, inc. v. Light, 811 So 2d 796 (Fla. 4th DCA 2(02) (upholding protective order
closing depositions to the media based on privacy concerns). Cf Lewis v. State, 958 So.
2d 1027 (Fla. 5th DCA 2(07) (while Burk applied to un filed depositions madc during
an on[!;oing, active criminal prosecution, materials related to defendant's prosecution,
including depositions, arc subject to disclosure after the case becomes final).
d. Florida Bar grievance proceedings
An attorney's claim that the Florida Bar violated the Sunshine Law by refusing to
allow him to attend a grievance committee meetin[!; of the Bar was rejected in Florida Bar
v. Committe, 916 So. 2d 741 (Fla. 20(5). The Court stated: "The grievance committee
meetings of the Bar arc private, and thcrefore the Bar is justified in prohibiting \the
attorneyJ from attendance." Jd. at 744-745. In Committe, thc Court reviewcd prior case
law involving the application of the open government laws to thc Bar, and reitcrated
its holding in The Florida Bar: in re Advisory Opinion, 398 So. 2d 446, 447 (Fla. 1981),
that "lnJeither the legislature nor the governor can control what is purely a judicial
function,"
e. Grand juries
Section 905.24, FS., provides that "[g] rand jury proceedings arc secret"; thus, these
proceedings are not subjcct to s. 286.011, FS, See Clein v. State, 52 So. 2d 117, 120
(Fla. 1951) (it is the policy of the law to shield the proceedings of grand juries from
public scrutiny); in re Getty, 427 So. 2d 380, 383 (Fla. 4th DCA 1983) (public disclosure
of grand jury proceedings "could result in a myriad of harmful cffects"); and AGO
73-177, stating that it is the public policy of the state to keep secret the proceedings
of the grand jury. The grand jury has also been referred to as a "coordinate branch ofd
17
GOVERN MENT- IN- THE-SUNSHINE-MANUAL
thc judiciary, and as an arm, appendage, or adjunct of the circuit court." State ex reI.
Christian v. Rudd, 302 So. 2d 821, 828 (Fla. 1st DCA 1974). Cf Butterworth v. Smith,
110 S.Ct. 1376 (1990), striking down a Florida statute to the extent that it prohibited
a witness from disclosing his own testimony before a grand jury after the grand jury's
tcrm has ended.
In addition, hearings on certain grand jury procedural motions arc closed. The
proccdural steps contemplated in s. 905.28(1), F.S., for rcports or prcsentments of
the grand jury relating to an individual which are not accompanied by a true bill or
indictment, arc cloaked with the same degree of secrecy as is enjoyed by the [!;rand jury
in the receipt of evidencc, its deliberations, and final product. Therefore, a newspaper
has no right of access to grand jury procedural motions and to the related hearing. In
re Grandjury, Fall Term 1986, 528 So. 2d 51 (Fla, 2d DC\ 1988). And See In re Subpoena
to TestifY Beftre Grand jury Directed to Custodian of Records, 864 F2d 1559 (11 th Cir.
1989), stating that while a court must hold a hearing and give reasons for closurc of
criminal court proceedings, a court is not required to give newspapcrs a hearing and
givc reasons for closure of grand jury proceedings.
f. Judicial nominating commissions/Judicial Qualifications Commission
Judicial nominating commissions for the Supreme Court of Horida, the district
courts of appeal, or for a judicial circuit for the trial courts within the circuit are
not subject to the Sunshine Law Kanner v. Frumkes, 353 So. 2d 196 (Fla. 3d DCA
1977). The Florida Constitution, however, rcquires that except for its deliberations,
thc proceedings of a judicial nominating commission and its rccords arc open to thc
public. Article V, s. 11 (d), Fla. Const. While the delibcrations of a commission are
closed, such a limitation would appear to be applicable to that point in the proceedings
whcn the commissioners are weighing and examining thc reasons for and against a
choice. Inf. Op. to Russell, August 2, 1991.
The statewide judicial nominating commission for workers' compensation judges,
howevcr, is not a judicial nominating commission as contemplated by the Constitution.
Thus, the state\V~de judicial nominatin[!; commission created pursuant to thc workcrs'
compensation law is subject to s. 286.011, F.S. :\GO 90-76.
Proceedings of the Judicial Qualifications Commission are confidential. However,
upon a finding of probablc cause and the filing of formal charges against a judgc or
justice by the commission \V~th thc Clerk of the Supreme Court, all furthcr proceedings
of thc commission arc public. Article V, s. 12(a)(4), Ha. Const.
g. Mediation proceedings
Court-ordercd mediation and arbitration are to be conducted according to the
rules of practice and procedure adopted by thc Florida Supreme Court. Sections
44.102(1) and 44.103(1), 1'S Horida Rule of Civil Procedure 1.720(e) provides that
the mediator may meet and consult privately with any party or parties or thcir counsel.
And see Rule 10.360(a), Florida Rulcs For Certified and Court-Appointed Mediators ('~\
mediator shall maintain confidentiality of all information revealed during mediation
18
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
exccpt where disclosure is rcquired or permitted by law or is agreed to by all parties."),
adopted by thc Supreme Court in In re: Petition of the Alternative Dispute Resolution
Rules and Policy Committee on Amendments to Florida Rules jOr Certified and Court-
Appointed Mediators, 931 So. 2d 877 (l'1a. 2006).
Public access to mediation proceedings involving governmental agencies was
raiscd in News-Press Publishing Company, Inc. v. Lee County, Florida, 570 So. 2d 1325
(Fla. 2d DC\ 1990). Thc case involved litigation betwcen two cities and a county. As
the litigation progressed, the trial judge ordered the parties to participate in mediation.
In its initial order appointing a mediator, the judge required the parties to havc present
a rcpresentative "with full authority to bind them." Aftcr the ncws mcdia protested the
closure of the mediation procecding to thc public, the judge entered an amended order
that limited the authority of the represcntatives so that no final settlement negotiations,
decisions, or actual settlement could be made during the mediation conference.
The news media appealed the amended order, but the district court notcd that
no two members of any of the public boards would be present at the mediation
proceedings. And, the narrow scope of the mediation procecdings in the case did
not give rise to a substantial delegation affecting the decision-making function of the
boards so as to require that the mediation proceeding be open to the public. 570 So. 2d
at 1327. See also O'Connell v, Board of Trustees, 1 FL.W Supp. 285 (Fla. 7th Cir. Ct. Feb.
9, 1993) (as to public agencies, mediation is subject to the Sunshine Law; thus, no more
than one mcmber of a collcgial body should attend the mediation confercnce). And See
Fla. R. Civ. P. 1.720(b), stating that "Iilf a party to mediation is a public entity required
to conduct its business pursuant to chapter 286, Florida Statutes, that party shall be
deemed to appear at a mediation conference by the physical prescnce of a representative
with full authority to negotiatc on behalf of the entity and to rccommend settlement
to the appropnate decision making body of the entity." Cf !\(;O 06-03 (closed
attorncy-client session may not be held to discuss settlement negotiations on an issuc
that is the subject of ongoing mediation pursuant to a partnership agreement between
a water managcment district and others); and lnf. 01" to McQuagge, February 13,
2002 (mediation meetings conducted pursuant to thc Florida Governmental Conflict
Resolution Act, ss. 164.101-164.1061, FS., which involve officials or reprcsentatives
of local governmental entities who have the authority to negotiate on behalf of that
governmental entity arc subject to the Sunshine Law).
9. Does the Sunshine Law apply to staID
Meetings of staff of boards or commissions covered by the Sunshine Law are not
ordinarily subject to s. 286.011, FS. Occidental Chemical Company v. Mayo, 351 So. 2d
336 (l"la. 1977), disapproved in part on other grounds, Citizens v. Beard, 613 So. 2d 403
(Fla. 1992). See also School Board of Duval County v. Florida Publishing Company, 670
So. 2d 99, 101 (Fla. 1 st DCl\ 1996) (staff personnel not subject to the Sunshine Law);
and AGO 89-39 (aides of county commissioners arc not subject to thc Sunshine Law
unless they have been delegated decision-making functions outside of the ambit of
normal staff functions, arc acting as liaisons between board members, or arc acting in
placc of the board members at their direction).
Howcver, when a staff membcr ceases to function in a staff capacity and is
19
GOVERNMENT-IN- THE-SUNSHINE -MANUAL
appointed to a committce which is given "a policy-bascd decision-making function,"
the staff member loses his or her identity as staff while working on the committee
and the Sunshine Law applies to the committee. See Wood v. Marston, 442 So. 2d 934,
938 (Fla. 1983). InWood, the Florida Supreme Court recognized that thc function of
staff is to inform and advise the decision-maker. However, the Court concludcd that
the Sunshine Law applied to a faculty committee char[!;ed with seeking applicants for
a position to be appointed by the university president. By screening applicants and
deciding which of the applicants to reject from further consideration, the committee
performed a policy-based decision-making function delegated to it by the president
of the university. Id. Even though the faculty as a whole had the authority to review
and rcject the decisions of thc committee, this factor "did not render the committee's
function any less policy-based or decision-making." Id. at 938-939.
;\ccordingly, it is the nature of the act performcd, not thc makcup of the committee
or thc proximity of the act to the final decision, which detcrmincs whcther a committee
composed of staff is subject to the Sunshinc Law Wood v. Marston. supra. See News-
Press Publishing Company, Inc, v. Carlson, 410 So. 2d 54(" 548 (Fla. 2d DCA 1982),
concluding that it would bc "ludicrous" to hold that "a certain committee is govcrned
by the Sunshine Law when it consists of members of thc public, who are presumably
acting for thc public, but hold a committee may escape the Sunshine Law if it consists
of individuals who owe their allcgiance to, and receive their salaries from, the governing
authority."
Thus, in Silver Express Company v. District Board of Lower Tribunal Trustees, 691 So.
2d 1099 (Fla. 3d DC\ 1997), the district court dctermined that a committee (composed
of staff and one outside person) that was created by a colle[!;e purchasing director to
assist and advise hcr in evaluatin[!; contract proposals was subJcct to the Sunshine Law
According to the court, the committce's job was to "weed throu[!;h the various proposals,
to determine which were acceptable and to rank them accordingly." This function was
sufficient to bring the committee within the scope of the Sunshine Law bccause "Igj
overnmental advisory committees which have offered up structurcd recommendations
such as here involvednat least those rccommendations which eliminatc opportunities
for alternative choices by the final authority, or which rank applications for the final
authoritynhave been determined to be agencies governed by the Sunshinc Law." 691
So. 2d at 1101. See also i\GO 05-06 (city development review committee composed
of several city officials and represcntatives of various city departmcnts to review and
approve development applications, is subject to the Sunshine Law); and A(;O 86-51
(land selcction committec appointed by watcr management district and delegated
dccision-making authority to consider projects to be included in or excluded from a
list of proposed acquisition projects must comply with Sunshine] ,aw "even though
such committce may be composed cntirely of district staff and its decisions and
recommendations are subject to further action by the district's governing board").
Similarly, in Dascott v, Palm Beach County, 877 So. 2d 8 (Fla. 4th DCA 2(04), the
, .
court held that a meeting of a pre-termination conference panel established pursuant
to a county ordinance and composed of a department head, personnel dircctor and
equal opportunity director should havc been held in the Sunshine. Evcn though the
county administrator had the sole authority to discipline employees, that authority had
bcen delegated to the department head who in turn chose to share that authority with
20
GOVERN MENT-IN- THE-S UNSHlN E- MAN UAL
the other members of the panel. "Because it is undisputed that the staff gave advicc
on thc ultimate dccision to terminate" an employee during a closed-door session at
which the decision to terminate was made, the closing of the deliberations violated the
Sunshine Law. 1d. at 14. Compare Jordan v, Jenne, 938 So. 2d 526 (Fla. 4th DCA 2006),
in which the Fourth District Court of i\ppeal held that the Sunshine Law did not apply
to a professional standards committce (PSC) responsible for revicwing charges against
a sheriff's deputy and making rccommendations to the inspcctor gencral as to whcther
thc chargcs should be sustained, dismisscd, or whether the case should be deferred for
morc information. The majority distinguished Dascott bccausc thc inspcctor gcneral
madc the "ultimate dccision" on discipline and did not delibcrate 'W~th the PSC, stating
that although the PSC made a recommendation, it did not cxercise decision-making
authority but scrved in an advisory capacity only. Id. at 530.
On the other hand, a committcc composed of staff which is mcrely responsible
for advising and informing the decision-maker through fact-finding consultations is
not subject to the Sunshine Law. Bennett v, Warden, 333 So. 2d 97 (l'la. 2d DCA 1976)
(meetings of committee appointed by community collcge president to report to him
on employee working conditions were not decision-making in nature but were held for
thc purpose of "fact-finding" to assist him in the execution of his duties and were
not subject to Sunshine I,aw). And See Knox v. District School Board of Brevard, 821 So,
2d 311, 315 (l'la. 5th DC\ 2(02), in which an arca superintendent met with a group
of school board employees to review applications for the position of school principal.
\Vhile the area superintendcnt, based on thc group's input, madc a recommendation to
the school supcrintendent, all of the applicants' names wcre givcn to the superintendent
who was responsible for making personnel recommendations to the school board. The
court held that the group was not subject to the Sunshine l,aw, stating that a "Sunshine
violation docs not occur when a governmcntal execunvc uses staff for a fact -finding
and advisory function in fulfilling his or her duties."
Thus, in Lyon v. Lake County, 765 So. 2d 785 (Fla. 5th DCA 2(00), the appellate
court ruled that the Sunshine Law did not apply to informal meetings of staff where
the discussions wcre "merely informational," where none of the individuals attending
the meetings had any decision-making authority during the mectings, and where no
formal action was taken or could have bcen taken at the meetings. More rcccntly,
in McDougall v. Culver, 3 So. 3d 391 (Fla 2d DCA 2009), the court held that the
circulation of a memorandum by Internal ,\ ffairs officials containing their findings
and recommendations among senior officials in the sheriff's office for their rcview
and commcnts before the memorandum with the senior officials' comments was
given to the sheriff for his decision regarding disciplinary action did not constitutc a
meeting for purposes of the Sunshinc Law. Citing to the decisions in Bennett, supra,
Knox, supra, and Jordan supra, the court held that the scnior officials providcd only
a recommendation to thc sheriff but did not deliberate with him nor did they have
decision-making authority.
Similarly, a state agcncy did not violate the Sunshine l,aw when agency employees
conducted an invcstigation into a licensee's allcgcd failure to follow state law, and an
assistant director made the dccision to file a complaint. Baker v. Florida Department
of Agriculture and Consumer Services, 937 So. 2d 1161 (Fla. 4th DCA 2(06), review
denied, 954 So. 2d 27 (2007). "Communication among administrative staff in fulfilling
21
GOVERNMENT-IN -THE-SUNSHINE- MANUAL
I11vesugatory, advisory, or charging functions does not constitute a 'Sunshine' Law
violation." Id. And See Molina v. City of Miami, 837 So. 2d 462, 463 (Fla. 3d DCA
2002) (police department discharge of firearms committee, composed of three deputy
chiefs, is not subject to the Sunshine Law because the committee "is nothing more
than a meeting of staff members who serve in a fact-finding advisory capacity to
the chief"); and II. v. Department of Children and Families, 922 So. 2d 405 (Fla. 4th
DCA 2006) (Sunshine Law does not apply to Department of Children and Families
permanency staffing meetings conducted to determine whether to file a petition to
terminate parental rights). Compare Evergreen the Tree Treasurers of Charlotte County,
Inc. v. Charlotte County Board of County Commissioners, 810 So. 2d 526, 531-532 (Fla. 2d
Del, 2002) (when public officials delegate their fact-finding duties and dccision-making
authority to a committee of staff members, those individuals no longer function as
staff members but "stand in the shoes of such public officials" insofar as the Sunshine
Law is concerned).
10. Does the Sunshine Law apply to members of public boards who also
serve as administrative officers or employees?
In some cases, members of public boards also scrve as administrative officers or
employees. '1 'hc Sunshinc Law is not applicable to discussions of those individuals when
serving as administrative officers or employees, provided such discussions do not relate
to matters which will come before thc public board on which they serve. Thus, a board
member who also serves as an employee of an agency may meet with another board
member on issues relating to his or her duties as an employee provided such discussions
do not relate to matters that wiU come before the board for consideration or action. See
AGO 92-79 (when two or more members of a public board are participating in other
meetings or functions unconnected with the board, they must refrain from discussing
matters on which foreseeable action may be taken by the board but are not otherwise
restricted in their actions).
For example, the Sunshine Law would not apply to meetings between the mayor
and city commissioners where a mayor performs the duties of city mana[!;er and the city
commissioners individually serve as the head of a city department when the meeting
is held solely by these officers in their capacity as department heads for the purpose
of coordinating administrative and operational matters betwcen executive departments
of city government for which no formal action by the govcrning body is required or
contemplated. Those matters which normally comc before, or should come before,
thc city commission for discussion or action must not, however, be discussed at such
meetin[!;s. l\GO 81-88. Accord i\GOS 83.}O and 75-210 (mayor may discuss matters
\\~th individual city council membcr which concern his administrative functions and
would not come before the council for consideration and further action).
Similarly, a conversation between a state attorney and sheriff about a specific
criminal investigation involving an assault related to a youth gang would not violate
the Sunshine Law even though both officials are members of a county criminal justice
commission and the commission is studying and making recommendations on the
problem of youth gangs in the community. AGO 93-41. Discussions between thc
sheriff and the state attorney of matters which may foreseeably come before or arc
curtently being considered by the criminal Justice commission, would be subject to
the Sunshine La,v. However, to the extent that these discussions relate to an ongoing
22
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
criminal case or investigation or relate to factual inquiries or matters upon which the
commission is not required to act, these discussions would not fall within s. 286.011,
FS. Jd.
The Attorney Ceneral's Office has also issued informal opinions regarding the
application of the Sunshine Law to members of school advisory councils created
pursuant to former s. 229.581now s. 1001.4521, FS., who also serve as faculty members,
school administrative officials or who arc parents. For example, the Sunshine Law
would not ordinarily apply to a meeting of school faculty simply because two or more
members of the school advisory council who arc also faculty members attend the
faculty meeting, as long as the council members refrain from discussing matters that
may come before the council for consideration. Inf. 01" to Hughes, February 17, 1995;
and Inf. 01" to Boyd, March 14, 1994.
C. WHAT IS A MEETING SUBJECT TO THE SUNSHINE LAW?
1. Number of board members required to be present
The Sunshine Law extends to the discussions and deliberations as well as the
formal action taken by a public board or commission. There is no requircment that a
quorum be present for a meeting of members of a public board or commission to be
subject to s. 286'c)] 1, FS. Instead, the law is applicable to any [!;athering, whether formal
or casual, of two or more mcmbers of the same board or commission to discuss some
matter on which ftreseeable action ,,~Il be taken by the public board or commission.
Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DC\ 1973). And See City of Miami Beach
v. Berns, 245 So. 2d 38 (Fla. 1971); Board of Public Instruction of Broward County v,
Doran, 224 So. 2d 693 (Fla. 1969); and Wolfion v. State, 344 So. 2d 611 (Fla. 2d DC;\
1977). Thus, discussions between two members of a three-member complaint review
board regarding their selection of the third member of the board must be conducted
in accordance 'W~th the Sunshine Law. ;\(;093-79. Cf AGO 04-58 ("coincidental
unscheduled meeting of two or more county commissioners to discuss emergency
issues with staff" during a declared state of emergency is not subject to s. 286.011 if
the issues do not require action by the county commission).
It is the how and the why officials decided to so act which interests the public, not
merely the final decision. Thus, the court recognized in Times Publishing Company v.
Williams, 222 So. 2d 470, 473 (Fla. 2d DCA 19(9), disapproved in part on other grounds,
Neu v. Miami Herald Publishing Company, 462 So. 2d 821 (Fla. 1985):
Every thought, as well as every affirmative act, of a public official as
it relates to and is within thc scope of his official duties, is a matter
of public concern; and it is the entire decision-making process that
thc legislature intended to affect by the enactment of the statute
before us.
2. Circumstances in which the Sunshine Law may apply to a single individual
or where two board members are not physically present
Section 286.011, F.S., applies to meetings of "two or more members" of the same
23
GOVERNMENT -IN-THE-SUNSHINE- MANUAL
board or commission when discussing some matter which wi.ll forcseeably come before
the board or commission. Therefore, the statute would not ordinarily apply to an
individual member of a public board or commission or to public officials who are not
board or commission members. Inf. 01" to DlIlcner, january 5, 1990 (Sunshine Law
not normally applicable to meeting of town council member with private citizens). See
City of Sun rise v. News and Sun-Sentinel Company, 542 So. 2d 1354 (Fla. 4th DC\ 1989);
Deerfield Beach Publishing, Inc. v, Robb, 530 So. 2d 510 (Fla. 4th DCA 1988) (rcquisite
to application of the Sunshine Law is a meeting between two or more public officials);
and Mitchell v. School Board of Leon County, 335 So. 2d 354 (Fla. 1 st DC\ 1976). But
Cf Jennings v. Dade County, 589 So. 2d 1337 (Fla. 3d DCA 1991), review denied, 598
So. 2d 75 (Fla. 1992), stating that ex parte (i.e., from one side only) communications in
quasi-judicial proceedings raise a presumption that the contact was prejudicial to the
decision-makin[!; process; and s. 286.0115, FS, enactcd in response to the Jennings casc,
relating to access to local public officials in quasi-Judicial proceedings. Compare City
of Hollywood v. Hakanson, 8(,(' So. 2d 106 (Fla. 4th DC\ 2(04) (comments made at a
public city commission meeting which related to a terminated employce who had a
pending appcal did not constitute an offending ex parte communication simply because
a civi.l service board member was in the audience),
Certain factual situations, however, have arisen wherc, in order to assure public
access to the decision-making processes of public boards or commissions, it has
been necessary to conclude that the presence of two individuals of the same board
or commission is not necessary to trigger application of s. 286.011, FS. ,\s stated by
the Supreme Court, the Sunshinc l,aw is to bc construed "so as to frustrate all evasive
devices." Town of Palm Beach v. Gradison, 296 So. 2d 473, 477 (Fla. 1974). And See State
v, Childers, No. 02-21939-MJ\lC; 02-21940,MMB (Escambia Co. Ct. Junc 5, 20(3), per
curiam affirmed, 886 So. 2d 229 (Fla. 1st DC\ 2(04) (county comnussioncr violated
the Sunshine I,aw when he expressed his opinion on a commission issue to two other
commissioners at an unannounced meeting in the office of a county administrator).
a. Written correspondence between board members
The use of a written report by one commissioner to inform other commissioners
of a subject which will be discussed at a public meeting is not a violation of the
Sunshine Law if prior to the meeting, there is no interaction related to the report
among the commissioners. In such cases, the report, which is subject to disclosure
under the Public Records Act, is not being used as a substitute for action at a public
meeting as there is no response from or interaction amon[!; the commissioners prior
to the meeting. A(;O 89-23. And See 1\(;0 01-20 (e-mail communication of factual
background information from one city council member to another is a public record
and should bc maintained by the rccords custodian for public inspection and copying;
however, such communication of information, when it does not result in the exchange
of council membcrs' commcnts or responses on subjects recluiring council action, does
not constitute a meetin[!; subject to the Sunshine Law).
If, however, the report is circulated among board members for comments with
such commcnts being provided to other members, there is interaction among the board
members which is subject to s. 286'(J11, FS. j\(;O 90-03. See also AGO 96-35, stating
that a school board membcr may prepare and circulate an informational memorandum
24
GOVERN MENT- IN- THE-SUNSHINE- MANUAL
or position paper to other board members; however, the use of a memorandum to solicit
comments from othcr board members or the circulation of responsive memoranda by
other board membcrs would violate the Sunshinc Law.
Thus, if a memorandum reflecting the views of a board member on a pending
board issue is circulated among the board members with each indicating his or her
approval or disapproval and, upon completion of the signatures, thc memorandum
has the effect of becoming the official action of the board, thcre is a violation of the
Sunshine Layv. Inf. 01" to Blair, June 29,1973. And See ACO 01-21, noting that a
process whereby city council members distribute their own position papers to other
council members is "problematical" and would violate the Sunshine Law to the extcnt
that any such communication is a response to another council member's statement.
Thus, the city council's discussions and dcliberations on mattcrs coming before the
council must occur at a duly noticed city council mecting and the circulation of position
statements must not be used to circumvent the requirements of the statute. Id. Accord
AGO 07-35.
Similarly, a board that is responsible for assessing the performance of its chief
executive officer (CEO) should conduct the review and appraisal proccss in a proceedin[!;
open to the public as prescribed by s. 286.011, ES., instead of using a rcvicw procedure
in which individual board membcrs evaluate the CEO's pcrformancc and send their
individual writtcn commcnts to the board chairman for compilation and subsequcnt
discussion with the CEO. ACO 93-90.
b. Meetings conducted over the telephone or using electronic media technology
(1) Discussions conducted via telephones, computers, or other electronic means
are not exempted from the Sunshine Law
As discussed in this manual, the Sunshine Law applies to the deliberations and
discussions between rwo or more membcrs of a board or commission on some matter
which forcseeably will come before that board or commission for action. The use of
a tclephone to conduct such discussions docs not removc the convcrsation from the
requiremcnts of s. 286.011, ES. See State v. Childers, No. 02-21939-MMC; 02-21940-
l'vIMB (Escambia Co. Ct. June 5, 20(3), per curiam affirmed, 886 So. 2d 229 (Fla. 1st
DC\ 20(4) (tclephone conversation during which rwo county commissioners and the
supervisor of elcctions discusscd redistrictin[!; violatcd the Sunshine I,aw).
Similarly, members of a public board may not use computers to conduct private
discussions among thcmsclves about board business. ACO 89-39. And see AGO 09-19
(members of a city board or commission may not engagc on the city's Facebook page
in an exchange or discussion of matters that forcsecably will come before the board or
commission for official action). Cf Inf. 01" to Galaydick, October 19, 1995, advising
that school board members may share a laptop computcr even though the hard drive of
the computer contains information reflecting the ideas of an individual member as long
as the computcr is not being used as a means of communication berween members;
and AGO 01-20 (a one-way e-mail communication from one city council member to
another, when it does not result in the exchange of council members' comments or
responses on subjects requiring council action, does not constitute a meeting subject to
the Sunshine Law; however, such e-mail communications are public records and must
25
GOVERN MENT-IN-THE -SUNSHINE- MANUAL
be maintained by the records custodian for public inspection and copying).
(2) Authority of boards to conduct public meetings via electronic media
technology (e.g., telephone or video conferencing)
1. (a) State boards
In AGO 98-28, thc Attorney General's Office concluded that s. 120.54(5)
(b)2., FS., authorizes state a[!;encies to conduct public meetings via electronic means
provided that the board complies with uniform rules of procedure adopted by the statc
:\dministration Commission. These rulcs contain notice requirements and procedures
for providing points of access for thc public. See Rule 28-109, FA.C. Cf s. 456.011 (3),
FS. (licensing boards within the Department of Health must conduct meetings through
telcconferencing or other technological means, except for ccrtain disciplinary hearings
or "controversial" rule hearin[!;s or unless otherwise approved in advance by the director
of thc Division of Medical Quality Assurance).
(b) Local boards
As to loealboards, the Attorney General's Office has noted that the authorization
in s. 120.54(5)(b)2., to conduct workshop and official meetings entirely through the
use of communications media technology applies only to state agencies. AGO 98-28.
Thus, since s. 1 001.372(2) (b), FS., requires a d,strict school board to hold its meetings
at a "public place in the county," a quorum of the board must be physically present at
the meeting of the school board. fd. But See Ch. 06-350, I,aws of Florida, authorizing
the Monroe County Commission to use teleconferencing equipment to qualify for a
quorum for a special meeting.
If a quorum of a local board is physically present, "the participation of an
absent member by telephone conference or othcr interactive electronic technology is
permissible when such absence is due to extraordinary circumstances such as illness I;]
IwJhether the absence of a member due to a scheduling conflict constitutes such
a circumstance is a determination that must be made in the good judgment of thc
board." AGO 03-41. See also AGO 94-55 (when a quorum of the board is physically
present at the public meeting site in Florida, a museum board may allow an out-of-state
membcr with health problems to participate and vote in board meetin[!;s by telephone;
compliance with the requirements of s. 286.011, FS., "would involvc prO\~ding notice and
access to the public at such meetin[!;s through the use of such devices as a speakcr telephone
that would allow the absent member to participate in discussions, to be heard by the other
board members and the public and to hear discussions taking place durin[!; the meeting.").
Similarly, in ;\GO 92-44, a county commission was advised that the Sunshine
Law would permit an ill county commissioner to participate and vote in commission
mcetings through use of an interactlve video and telephone system that permitted
her to see and hear the other members of the board and audience, provided that a
legal quorum of thc commission meet in a public place in the county, as required by
statute. See also :\GO 02-82 (physically-disabled members of a city advisory committee
may participate and vote by clectronic means as long as a quorum of the committee
members is physically present at the mceting sitc).
26
GOVERNMENT- IN- THE-SUNSHIN E- MANUAL
The physical presence of a quorum has not been required, howevcr, where
electronic media tcchnologv (such as video conferencing and digital audio) is used to
allow public access and partiCIpation at workshop meetings where no formal action
will bc taken. Thus, in l\GO 06-20, the Attorney General's Office concluded that
an advisory board composed of representatives from several county metropolitan
planning organizations may use electronic media technology to link simultaneously held
public meetings of citizens' advisory committees in each of its participating counties,
so as to allow all members of the committees and thc public to hear and participate at
workshops. The usc of electronic media technology, however, does not satisfy quorum
requirements necessary for official action to be takcn. id.
Similarly, airport authority members may conduct informal discussions and
workshops over the Internet, provided proper notice is given, and interactive access
by members of the public is provided. 1\GO 01-66. Such interactive access must
include not only public access via the Internct but also designated placcs within thc
authority boundaries where thc airport authority makes computers with Internet access
availablc to mcmbers of the public who may not otherwise have Internet acccss. id.
For meetin[!;s, however, where a quorum is necessary for action to be taken, physical
presence of the members making up the quorum would bc required in the absence of
a statute providing othenvisc. Id. Internet access to such meetings, however, may still
be offered to provide greater public access. Id.
However, the use of an electronic bulletin board to discuss matters over an
extended period of days or weeks, which does not permit the public to participate
online, violatcs the Sunshine Law by circumventing the notice and access provisions
of that law. AGO 02-32. Accord Inf. Op. to Ciocchetti, March 23, 2006 (even though
the public would be able to participate online, a town commission's proposed use of
an electronic bulletin board to discuss matters that may foreseeably come before thc
commission over an extended period of time would not comply with the spirit or letter
of the Sunshine Law because the burdcn would be on the public to constantly monitor
the site in order to participate meaningfully in the discussion). Compare AGO 08-65
(city advisory boards may conduct workshops lasting no more than two hours using
an on-line bulletin board if proper notice is given and interactive access to members
of the public is provided and the city cnsures that opcrating-type assistance is available
where the computers for the public are located).
c. Delegation of authority
"The Sunshine Law docs not provide for any 'governmcnt by delegation' exception;
a public body cannot escape the application of the Sunshine Law by undertaking to
delegate the conduct of public business tlmlUgh an alter ego." iDS Properties, inc.
v. Town of Palm Beach, 279 So. 2d 353, 359 (Fla. 4th DC\ 1973), certified question
answered sub nom., Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974). See
also News-Press Publishing Company, Inc. v. Carlson, 410 So. 2d 546, 547-548 (Fla. 2d
DCA 1982) (when public officials delegate de facto authority to act on their behalf in
the formulation, preparation, and promulgation of plans on which foreseeable action
will be taken by those public officials, those delegated that authority stand in the shoes
of such public officials insofar as the Sunshinc Law is conccrned). Cf Leach- Wells v.
City of Bradenton, 734 So. 2d 1168, 1171 (Fla. 2d DCA 1999) (committee charged with
evaluating proposals violated the Sunshinc Law when the city clerk unilaterally tallied
27
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
the results of the committee members' individual written evaluations and ranked them;
the court held that the "short-listing was formal action that was required to be taken
at a public meeting").
Thus, the i\ttorncy Ceneral's Office has concluded that a singlc member of a board
who has been delegated the authority to act on behalf of the board in negotiating a
lease "is subject to the Sunshine Law and, therefore, cannot ncgotiate for such a lease
in secret." ,\GO 74-294. ,\ meeting between representatives of a private organization
and a city commissioner appointed by the city commission to act on its behalf in
considering the construction and funding of a cultural center and performing arts
theater would also be subject to s. 286.011, F.S. ,\CO 84-54.
Similarly, when an individual member of a public board, or a board member and
the executive dircctor of the board, conducts a hearing or investigatory proceeding on
behalf of the entire board, the hearing or proceeding must be held in the sunshine.
AGOs 75-41 and 74-84. Cf State, Department of Management Services v, Lewis, 653 So.
2d 467 (FIa, 1st DCA 1995), stating that the issuance of an order of reconsideration
by a board chair did not violate the Sunshine I,aw where the purpose of the ordcr was
to provide notice to the parties and allow them an opportunity to provide argument
on the issue.
On the other hand, if a board member or designee has been authorized only to
gather information or function as a fact-finder, the Sunshine I,aw does not apply. AGO
95-06. For example, if a member of a public board is authorized only to explore various
contract proposals with the applicant selected for the position of executive dircctor,
with such proposals being related back to the governing body for consideration,
the discussions between the board member and thc applicant arc not subject to thc
Sunshine Law. ,\CO 93-78.
]f, however, tbe board member has been delegated the authority to reject certain
options from further consideration by the entire board, the board member is performing
a dccision-making function that must he conducted in the sunshine. "COs 95-06 and
93-78. ['or example, in AGO 90-17, the Attorney General's Office stated that it is
not a violation of the Sunshine Law for a city council member to meet \\~th a private
garbage contractor if the purpose of the meeting is essentially information gathering.
13ut, if the board member has been authorizcd, formally or informally, to exercise
. .
any decision-making authority on behalf of the board, such as approving or rejecting
certain contract provisions, the board member is acting on behalf of thc board and the
meetings are subject to s. 286.011, FS.
Where a statute requires that the county commission approve a lease-purchase
agreement, the commission's approval "must be made 'in the Sunshine.''' Frankenmuth
Mutual Insurance Company v. Magaha, 769 So. 2d 1012, 1021 (Fla. 2(00). And See
Broward County v. Conner, 660 So. 2d 288, 290 (Fla. 4th DCA 1995), review denied, 669
So. 2d 250 (Fla. 1996) (since Sunshine Law provides that actions of a public board are
not valid unless they are made at an open public meeting, a county's attorneys would
not be authorized to enter into a contract on the commission's behalf "without formal
action by the county commission at a mecting as required by the statute"). Compare
Lee County v. Pierpont, 693 So. 2d 994 (Fla. 2d DC\ 1997), affirmed, 710 So. 2d 958
(Fla. 1998) (authorization to county attorney to make settlement offcrs to landowners
28
GOVERNMENT- IN-THE -SUNSHINE- MANUAL
not to cxceed appraised value plus 20%, rather than a spccific dollar amount, did not
violate the Sunshine Law).
I t must be recognized, howevcr, that the applicability of the Sunshine Law relates
to the discussions of a single individual who has bcen delegatcd decision-making
authority on behalf of a board or commission. If the individual, rather than the board,
is vested by law, charter or ordinance with the authority to takc action, such discussions
arc not subject to s. 286.011, ES.
For example, in City of Sunrise v. News and Sun-Sentinel Company, 542 So. 2d
1354 (Fla. 4th Del, 1989), the court held that since the mayor was rcsponsiblc under
the city charter for disciplining city employees and since the mayor was not a board or
commission and was not acting for a board, meetings between the mayor and a city
employee concerning the employee's duties were not subject to s. 286.011, FS.
d. Use of nonmembers as liaisons berween board members
The Sunshine Law is applicable to meetings bctween a board member and an
individual who is not a member of the board when that individual is being uscd as a
liaison betwecn, or to conduct a de facto meeting of, board members. See AGO 74-47
(city manager is not a member of the city council and thus, may meet with individual
council members; however, the manager may not act as a liaison for board membcrs by
circulating information and thoughts of individual council members). Compare AGO
89-39 (aides to county commissioners would not bc subject to the Sunshine Law unless
they have been delegated decision-making functions outside of the ambit of normal
staff functions, are acting as liaisons between board members, or arc acting in placc of
the board or its members at their direction).
For examplc, in Blackford v. School Board of Orange County, 375 So. 2d 578 (Ha.
5th DCA 1979), the court held that a series of scheduled successive meetings between
the school superintendent and individual members of the school board were subject
to the Sunshine Law. While normally meetings bctwecn the school superintendent
and an individual school board membcr would not be subjcct to s. 286.011, ES., these
meetings werc held in "rapid- firc succession" in order to avoid a public airing of a
controversial redistricting problem. They amounted to a de facto meeting of the school
board in violation of s. 286.011, FS.
Similarly, in Sentinel Communications Company v. School Board of Osceola County,
No. C1920045 (Fla. 9th Cir. Ct. April 3, 1992), the court found that a series of private
meetings between a school superintendent and individual school board members which
were scheduled by the superintendent to present and consider staff rccommendations
concerning the administrative structure of the school systcm and to privately address
any objcctions or concerns that the board might have, should have bcen held in
thc sunshinc. Thc court said that Its deCIsion should not be construed to prohibit
individual board members from meetin[!; privately ,,-ith staff or the superintendent for
informational purposes or on an ad hoc basis. However, "lilt shall be construcd to
prohibit the scheduling of a series of such meetings which concern a specific agcnda."
Thus, the court enjoined thc board and its superintendent "from holding any further
closed door meetings to formulate Board policy, discuss matters where Board action is
contemplated, or otherwise conduct the public's business."
29
GOVERNMENT -IN-THE -SUNSHINE- MANUAL
In Citizens for a Better Royal Palm Beach, Inc. v, Village of Royal Palm Beach, No.
CL 9114417 AA (Fla. 15th Cir. Ct. May 14,1992), the court invalidated a contract
for the sale of municipal property when it determined that after the proposal to sell
the property which had been discussed and approved at a public meeting collapsed,
the city manager met individually with council members and from those discussions
the property was sold to another group. The circuit court found that thesc meetings
resulted in a substantial change in the terms of sale and that the execution of thc
contract, thereforc, violated the Sunshine l,aw.
Thus, a city manager should refrain from asking each commissioner to state
his or her position on a spccific matter which \\~ll foresee ably be considered by the
commission at a public meeting in order to provide the information to the members of
the commission. ACO 89-23. See also AGO 75-59 (the spirit, if not the lettcr, of the
Sunshine Law requires official decisions to be made in public: after a full discussion by
the board members; thus, thc board's director should refrain from calling each member
of the board separately and asking each member to state his or her position on a matter
which will foresecably be presented for consideration to the cntire board in open
session). Cf 1'.(;081-42 (the fact that a city council member has expressed his or her
views or voting intent on an upcoming matter to a news reporter prior to the schcduled
public meeting does not violate the Sunshine I,aw so long as the rcporter is not bein[!;
used by the member as an intermediary in order to circumvent the requirements of s.
286.011, FS.).
Not all decisions taken by staff, however, need to be made or approved by a board.
Thus, the district court concluded in Florida Parole and Probation Commission v. Thomas,
364 So. 2d 480 (Fla. 1 st DC\ 1978), that the decision to appeal made by legal counsel
to a public board after discussions between the Icgal staff and individual membcrs of
the board was not subject to the Sunshine I,aw. Accord Inf. 01" to Biasco, July 2, 1997
(administrative officers or staff who serve public boards should not poll board members
on issues which will forcseeably come before the board in order to avoid being used as
a liaison berween board members, although an administrative officer is not precluded
from contacting individual board members for thcir views on a mattcr when the officer,
and not the board, has been vested with the authority to take action).
D. WHAT TYPES OF DISCUSSIONS ARE COVERED BY THE SUNSHINE
LAW?
I. Informal discussions, workshops
As discussed in s. <:'1., supra, the Sunshine Law applies to any gathering, whether
formal or casual, of two or more mcmbers of the same board or commission to
discuss some matter on which foreseeable action will be taken by the public board or
commission. As thc Florida Supreme Court said, "collectivc inquiry and discussion
stages" arc embraced within the terms of the statutc. Town of Palm Beach v. Gradison,
296 So. 2d 474, 477 (Fla. 1974). With these principles in mind, the Attorney Ceneral's
Office has stated that the following gatherings are subject to the Sunshine Law:
"executive work sessions" held by a board of commissioncrs of a housing authority to
discuss policy matters, ACO 76-102; "conciliation conferences" of a human relations
board, ,\CO 74-358; "workshop meetings" of a planning and zoning commission,
30
GOVERNMENT- IN - THE -SUNSHINE- MANUAL
,\CO 74-94; "conference sessions" held by a town council before its regular meetings,
AGO 74-(,2; discussions of preaudit reports of the Auditor General by the governing
body of a special district, AGO 73-08. And See Ru./fv. School Board of Collier County,
426 So. 2d 1015 (Fla. 2d DCA 1983) (organizational meeting of task force subject to
s. 286.011, FS.).
The Sunshine Law is, therefore, applicable to all functions of covered boards and
commissions, whether formal or informal, which relate to the affairs and duties of the
board or commission. "ITlhe Sunshine Law does not provide that cases be treated
differendy based upon their level of public importance." Monroe County v. Pigeon
Key Historical Park, Inc., 647 So. 2d 857, 868 (Ha. 3d DCA 1994). And See lnf. 01" to
Nelson, May 19, 1980 (meeting with congressman and CIty council members to discuss
"fcderal budgetary matters which vitally concern their communities" should be held in
the sunshine because "it appears extremely likely that discussl(l11 of public business by the
council members [and perhaps decision makingl ,,-ill takc place at thc meeting") and Inf.
toJove,January 12,2009, coneluding that a public forum hosted by a city council member
with city council members invited to attend and participate in the discussion would be
subject to s. 286.011, FS. Cf .\GO 08-63 (absent a meeting of two or more mcmbers of
a board or commission at which matters upon which foresecable action wi]] be taken are
discussed, orientation scssions held by local governments for special maf';istIates hired to
hear value adjustment board petitions are not subject to s. 286.011, F.S.).
2. Investigative meetings or meetings to consider confidential material
a. Investigative meetings
The Sunshine Law is applicable to investigative inquiries of public boards or
commissions. The fact that a meeting concerns alleged violations of laws or regulations
docs not removc it from the scopc of the law. ,\GO 74-84; and Canney v. Board of
Public Instruction of Alachua County, 278 So. 2d 260 (Fla. 1973).
A number of statutory exemptions to the Sunshinc Law have been enacted to close
meetings of some agencies (usually state agencies) when those agencies arc making
investigatory determinations. See e.g., s. 112.324(2)(a), FS, (Florida Commission on
Ethics proceedings relating to invcstigation of ethics complaints confidential until
the complaint is dismissed, until the allegcd violator requests that the proceedings be
made public, or until commission determines whether probablc cause exists); -and s.
455.225(4), F.S. (meetings of probable cause panels of the Department of Business
and Professional Regulation confidential until 10 days after probable cause is found
to exist or until confidentiality waived by subject of investi[!;ation); and s. 472.033(4),
I':s, (meetings of probable cause panels for disciplinary proceedings of the Board
of Profcssional Surveyors and Mappcrs within the Department of Agriculture and
Consumer Services are cxempt from s. 286.011, FS., until 10 days after probable cause
is found to exist or until confidentiality is waivcd by subject of investigation).
For additional information regarding exemptions from s. 286.011, FS., that relate
to investigatory proceedings, please consult Appendix D and the Index.
b. Meetings to consider confidential material
31
GOVERNMENT- IN-THE-SUNSHINE -MANUAL
The Florida Supreme Court has stated that in the abscnce of a statute exempting a
meeting in which privilegcd material is discussed, s. 286.011, FS., should be construed
as containing no exceptions. City of Miami Beach v. Berns, 245 So. 2d 38 (Fla. 1971).
'I'he Public Records Act was amended in 1991 after several district courts held that
certain proceedings could be closed when considering confidential material. See e.g.,
The Tribune Company v. D.ML, 566 So 2d 1133 (Fla. 2d DCA 1990), review denied,
577 So. 2d 1330 (Fla. 1991); Florida Society of Newspaper Editors, Inc. v. Florida Public
Service Commission, 543 So. 2d 1262 (Fla. 1st DCA), review denied, 551 So. 2d 461 (Fla.
1989); Capeletti Brothers, Inc. v. Department of Transportation, 499 So. 2d 855 (I'la. 1 st
DCA 1986), review denied, 509 So. 2d 1117 (Fla. 1987); and Marston v. Gainesville Sun
Publishing Company, Inc., 341 So. 2d 783 (I.h. 1st DCA 1976), cert. denied, 352 So. 2d
171 (Fla. 1977).
Section 119.07(7), FS., now clearly provides that an exemption from s. 119.()7,
FS., "does not imply an exemption from s. 286.011. Thc cxemption from s. 286.011
must be expressly provided." Thus, exemptions from the Public Records Act do not
by implication allow a public agency to close a meeting where exempt records are to be
discussed in the absence of a specific exemption from the Sunshine Law. See AC Os
04-44 (PRIDE), 95-65 (district case review committee), 93-41 (county criminal justice
commission), 91-88 (pension board) and 91-75 (school board). And See ;\GO 05-
03 (confidentiality provisions of cited federal law do not authorize child abuse death
review committee to close its meetings althou[!;h the committee should take steps to
ensure that identifying information is not disclosed at such meetings).
In ;\GO 96-75, the Attorney General's Office advised that because the transcript
of a closed attorney-client session held pursuant to s. 286.011 (8), FS., is open to
public inspection upon conclusion of the litigation, the CIty and its attorney should be
sensitive to any discussions of confidential medical reports that arc reviewed during
such a meeting and "should take precautions to protect the confidentiality of an
employee's medical reports and condition such that when the transcript of the closed-
door meeting is made a part of the public record, the privacy of the employee ,,~ll not
be breached." Cf l\CO 96-40 (a town may not require a complainant to sign a waiver
of confidentiality before accepting a whistle-blower's complaint for processing since
the Legislature has provided for confidcntiality of the whistle-blower's identity).
3. Legal matters
In the absence of a legislative exemption, discussions between a public board and
its attorney arc subject to s. 286.011, FS. Neu v. Miami Herald Publishing Company,
462 So. 2d 821 (Fla. 1985) (s. 90.502, I':S., which provides for the confidentiality of
attorney-client communications under the Florida Evidencc Code, docs not create an
exemption for attorncy-client communications at public meetings; application of the
Sunshine Law to the discussions of a public commission with its attorney does not
usurp the constitutional authority of the Supreme Court to regulate the practice of law,
nor is it at odds ,,~th Florida Bar rules providing for attorncy-client confidentiality). Cf
s. 90.502(6), F.S., stating that a discussion or activity that is not a meeting for purposes
of s. 286.011, FS., shall not be construed to waive the attorney.client privilege, And See
Florida Parole and Probation Commission v. 7hornas, 364 So. 2d 480 (I'-la. 1 st Del, 1978),
stating that all decisions taken by legal counsel to a public board need not be made or
32
GOVERNMENT- IN-THE-SUNSHIN E - MANUAL
approved by the board; thus, thc dccision to appcal made by legal counsel after privatc
discussions with thc individual mcmbers of the board did not violate s. 286'(J11, ES.
Thcrc are statutory exemptions, however, which apply to some discussions of
pcnding litigation between a public board and its attorncy.
a. Settlement negotiations or strategy sessions related to litigation expenditures
Section 286.011 (8), FS., provides:
Notwithstanding the provisions of subsection (1), any board or
commission of any state agency or authoriry or any a[!;ency or authoriry
of any counry, municipal corporation, or political subdivision, and the
chief administrativc or executive officer of the governmental entiry, may
meet in private with the entity's attorney to discuss pending litigation
to which the entity is presently a parry before a court or administrative
agency, provided that the ftllowing conditions are met:
(a) The entiry's attorney shall advise thc entity at a public mecting that he
or she dcsircs advice concernin[!; the litigation.
(b) The subject matter of the meeting shall be confined to settlement
negotiations or strategy sessions related to litigation expenditures.
(c) Thc entirc session shall bc recorded by a certified court reporter.
The reporter shall record the times of commencement and termination
of the session, all discussion and proceedings, the names of all persons
present at any time, and the names of all persons speaking. No portion
of the session shall be off the rccord. The court reporter's notes shall be
fully transcribed and filed with the entity's clerk within a reasonable time
after the mceting.
(d) The entity shall give reasonable public notice of the time and date of
the attorney-clicnt session and the names of pcrsons who will be attcnding
the session. The scssion shall commence at an open meetin[!; at which
the persons chairin[!; the meeting shall announce the commencemcnt
and cstimated len[!;th of the attornevchent session and the names of
the persons attending. :\t the conclusion of the attorney-client session,
the mecting shall be reopened and thc person chairin[!; the meeting shall
announce the termination of thc session.
(c) The transcript shall be made part of the public record upon conclusion
of the litigation. (e.s.)
(1) Is s. 286.011 (8) to be liberally or strictly construed?
It has been held that the Lcgislature intended a strict construction of s. 286.011 (8),
FS. City of Dunnellon v. Aran, 662 So. 2d 1026 (Fla. 5th DC\ 1995). "The clear
requirements of the statute are neither onerous nor difficult to satisfy." Jd. at 1027.
33
GOVERNMENT- IN- THE-SUNSHINE-MAN UAL
Accord School Board of Duval County v. Florida Publishing Company, 670 So. 2d 99 (Fla.
1 st DCA 1996).
(2) Who may call an attorney-client meeting?
While section 286.011 (8), FS., docs not specify who calls the closed attorney-client
meeting, it requires as one of thc conditions that must be met that the governmental
entity's attorney "shall advise the entity at a public meeting that he or she desires advice
concerning the litigation." Thus, the exemption merely provides a governmcntal
entity's attorney an opportunity to receIve necessary direction and information from
the governmental entity regardin[!; pending litigation. ;\CO 04-35 ,\ccordingly, one
of the conditions that must be met prior to holding a closed attorncy-client meeting
is that the city attorney must indicate to the city council at a public meeting that he or
she wishes the advice of the city council regarding the pending litigation to which the
city is presently a party before a court or administrative a[!;ency. lnf. Op. to Vock, July
11, 2001. "If the city attorney does not advise the city council at a public meeting that
he or she dcsires thc council's advice regarding the litigation, the city council is not
precludcd from providing such advice to the city attorncy but it must do so at a public
meeting." !d.
The requirement that the board's attorney advise the board at a public meeting that
he or she desires advice concernin[!; litigation, is not satisficd by a previously publishcd
notice of the closed session. ;\CO 04-35. Rather, such an announcemcnt must be
made at a public meetin[!; of the board. Jd. The request may be made during a special
mceting provided that the special meeting at which the request is made is open to the
public, reasonable notice has been given, and minutcs arc takcn. AGO 07 -31.
(3) Who may attend?
Only those persons listed in the statutory exemption, i.e., the entity, the entity's
attorney, the chief administrative officer of the entity, and the court reporter
are authorized to attend a closed attorney-client session. Other staff members or
consultants are not allowed to be presen( School Board of Duval County v. Florida
Publishing Company, 670 So. 2d at 101. And See Zorc v. City of Vero Beach, 722 So.
2d 891, 898 (Fla. 4th DCA 1998), review denied, 735 So. 2d 1284 (Ha. 1999) (city
charter provision requiring that city clerk attend all council meetin[!;s docs not authorize
clerk to attend closed attorney-client scssion; municipality may not authorize what the
Lcgislature has expressly forbidden); and ACO 01-10 (clerk of court not authorized
to attend).
However, because the entity's attorney is permitted to attend the closed session,
if the school board hires outside counsel to rcpresent it in pending litigation, both the
school board attorncy and the litigation attorney may attend a closcd session. ACO 98-
06. And See Zorc v. City ofVero Beach, 722 So. 2d at 898 (attendance of Special Counsel
authorized).
In rejecting the argument that the exemption should be construed so as to allow
staff to attend closed attorney-client sessions, the courts have noted that individual
board members arc free to meet privately \\lith staff at any time since "staff members
arc not subject to the Sunshine Law." Zorc v. City of Vero Beach, 722 So. 2d at 899.
34
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
Accord School Board of Duval County v. Florida Publishing Company, 670 So. 2d at 101.
Cf ACO 95-06 (s. 286.011 [8], ES., does not authorize the temporary adjournment and
reconvcning of meetings in order for members who are attending such a session to
leave the room and consult with others outside the meeting). And See s. C2.d., supra,
regarding thc application of the Sunshine Law to meetings between individual board
members and staff, if staff is being used as a liaison bctween, or to conduct a de facto
meeting of, board members.
However, as the Attorney Ceneral's Office recognized in AC;O 08-42, qualified
interpreters for the deaf are treated by the Americans with Disabilities l\ct as auxiliary
aids in the nature of hearing aids and other assistive devices and may attend litigation
strategy meetings of a board or commission to interpret for a deaf board member
without violating section 286.011 (8), FS.
(4) Is substantial compliance with the conditions established in the statute
adequate?
In City of Dunnellon v. Aran, supra, the court said that a ciry council's failure to
announce thc names of the lawyers participating in a closed attorney-client session
violated the Sunshine Law. The court rejectcd the ciry's claim that when the mayor
announced that attorneys hired by the city would attend the session (but did not give
the names of the individuals), his "substantial compliance" was sufficient to satisfy
the statute. Cf Zorc v. City of Vero Beach, 722 So. 2d at 901, noting that deviation
from the agenda at an attorney-client session is not authorized; while such deviation
is permissible if a public mecting has been properly noticed, "there is no case law
affording the same latitude to deviations in closed door meetin[!;s."
(5) What kinds of matters may be discussed at the attorney-client session?
Section 28(,.011 (8) (b), FS, states that the subject matter of the meeting shall
be confined to settlement negotiations or strategy sessions relatcd to litigation
expenditures. If a board goes beyond the "strict parameters of settlement negotiations
and strategy sessions related to litigation expenditures" and takes "decisive action," a
violation of the Sunshine Law results. Zorc v. City ofVero Beach, 722 So. 2d at 900.
And See ACO 99-37 (closed-meeting exemption may be used only when the attorney
for a governmental entity seeks advice on settlement negotiations or strate[!;y relating to
litigation expenditures; such meetings should not be used to finalize action or discuss
matters outside these two narrowly prescribed areas). Accord 1\C;0 04-35.
The legislative history of the cxemption indicates that it was intended to apply only
to discussions, rather than final action, relatlng to scttlement negotiations or litigation
expenditures. See Staff of Fla. I-I.R. Comm on C;ov't Opcrations, CS/HB 491 (1993)
hnal Bill Analysis & Economic Impact Statement 2 (Fla. State i\rchives), noting at 1'.3:
"No final decisions on litigation matters can be voted on during these private, attorney-
client strategy meetings. The decision to settle a case, for a certain amount of moncy,
under certain conditions is a decision which must be voted upon in a public meeting."
Thus, "[t]he settlement of a case is exactly that rype of final decision contemplated
bv the draftcrs of section 286.011 (8) which must be voted upon in the sunshine." Zorc
v.' City ofVero Beach, 722 So. 2d at 901. See also Freeman v. TImes Publishing Company,
(,96 So. 2d 427 (Fla. 2d DCA 1997) (discussion of methods or options to achieve
35
GOVERNMENT - IN-THE-SUNSHINE -MANUAL
continuing compliance with a long-standing federal desegregation mandate [such as
whethcr to modify the boundaries of a school zone to achieve racial balance] must be
held in the sunshine). Compare Bruckner v. City of Dania Beach, 823 So. 2d 167, 172
(Fla. 4th Del, 2(02) (closed city commission meeting to discuss various options to
settle a lawsuit involving a challenge to a city resolution, including modihcation of the
resolution, authorized because the commission "neither voted, took official action to
amend the resolution, nor did it formally decide to settle the litigation"); and Brown
v. City of Lauderhill, 654 So. 2d 302, 303 (Fla. 4th DCA 1995) (closed-door session
between city attorney and board to discuss claims for attorney's fees, authorized).
(6) When is an agency a party to "pending litigation" for purposes of the
exemption?
Section 286.011 (8) permits an cntity to use the exemption if the entity "is presently
a party before a court or administrative agency. . .." A city council and its attorney
may, therefore, hold a closed-door mectin[!; pursuant to this statute to discuss settlement
negotiations or strategy related to litigation expenditures for pendin[!; liti[!;ation involving
a workers' compensation claim where a petition for benehts as prcscribed in s. 440.192,
FS., has bcen filed. AGO 96-75. The system prescribed in Ch. 440, F.S., operates as a
means of adjudicating workers' compensation claims before an administrative tribunal
and would be considered litigation before an administrative agency that falls \\~thin the
purvicw of s. 286.011 (8), FS. Id.
In Brown v. City of Lauderhill, 654 So. 2d 302 (Fla. 4th DCA 1995), thc court said
it could "discern no rational basis for concluding that a city is not a 'party' to pending
litigation in which it is the real party in interest." And See /'orc v. City ofVero Beach, 722
So. 2d at 900 (city was presently a party to ongoing litigation by virtue of its already
pending claims in bankruptcy proceedings). In addition, the ,\ttorney General's Ofhce
has stated that when the city is a real party in interest of a pending lawsuit, it may
conduct a closcd attorney-client session under s. 286.011 (8), FS" to discuss the pending
litigation, despite not being a named party at the time of the meeting. AGO 09-15.
And see AGO 08-17 (health care district may hold a closed attorney-client meeting
to discuss settlement negotiations and strategies related to litigation expenditures for
pending litigation in which its whollv-owned subsidiary holding company was the
named party).
Although the Brown decision established tl1at the exemption could be used by a city
that was a real party in interest on a claim involved in pending litigation, that decision
does not mean that an agency may meet in executive session with its attorney \vherc
there is only the threat of litigation. See ,\GOs 0435 and 98-21 (s. 286.011[8] exemption
"does not apply when no lawsuit has been filed even though the parties involved believe
litigation is ine\~table''). Cf AGO 0(,-03 (exemption not applicable to pre-litigation
mediation proceedings). And see /,(;Os 09-14 (s. 286.011 [81. FS., does not authorize a
city council to meet in cxecutive session to consider the terms of settlement negotiations
in conflict rcsolution procecdings under the "Florida Covernmental Conflict Resolution
Act," ss. 164.101-164.1061, FS.), and 09-25 (town council which received a pre-suit notice
letter under thc 13ert J. Harris Act, s. 70.001, FS., is not a party to pending litigation and,
therefore, may not conduct a closcd meeting pursuant to section 286.011[8], FS.).
36
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
(7) When is litigation "concluded" for purposes of s. 286.011 (8)(e)?
Litigation that is on[!;oing but temporarily suspended pursuant to a stipulation for
settlement has not been concludcd for purposes of s. 286.011 (8), F.S., and a transcript
of meetings held between the city and its attorney to discuss such litigation may be
kept confidential until conclusion of the litigation. AGO 94-64. And See AGO 94-33,
concluding that to give effect to the purpose of s. 286.011 (8), FS., a public agency may
maintain the confidentiality of a record of a strategy or scttlement meeting between a
public agency and its attorney until thc suit is dismissed with prejudice or the applicable
statute of limitations has run. Cf AGO 96-75 (disclosure of medical records to a
city council during a closed..door meeting under s, 286.011181, FS., docs not affect the
requirement that the transcript of such a mecting be made a part of the public record
at the conclusion of the liti[!;ation).
b. Risk management exemption
Section 768.28(16)(c), FS., statcs that portions of meetings and proceedings
relating solely to the evaluation of claims or to offers of compromise of claims filed
with a risk management program of the state, its agencies and subdivisions, are exempt
from s. 286.011, FS. The minutes of such meetings and proceedings are also exempt
from public disclosure until the termination of the litigation and settlement of all
claims arising out of the same incident. Section 768.28(16)(d), FS.
This exemption is limited and applics only to tort claims for which the agency may
be liable under s. 768.28, FS. :\CO 04-35. The exemption is not applicable to meetings
held prior to the filing of a tort claim with the risk management program. :\CO 92-
82. Moreovcr, a meeting of a city's risk management committee is exempt from the
Sunshine Law only when the meeting relates solely to the evaluation of a tort claim
filed \\~th the risk management program or relates solely to an offer of compromise of
a tort claim filed with the risk management program. j\CO 04-35.
Unlike s. 286.011 (8), FS., however, s. 768.28(16), FS" does not specify the
personnel who arc authorizcd to attend the mceting. See :\(;0 00-20, advising that
personnel of the school district who arc involved in the risk management aspect of the
tort claim being litigated or settled may attend such meetings without jeopardizing the
confidcntiality provisions of the statute.
c. Notice of settlement of tort claim
:\ governmental entity, except a municipality or county, that settles a claim in tort
which requires the expenditure of more tl1an $5,000 in public funds, is required to
provide notice pursuant to Ch. 50, FS., of the settlement in the county in which the
claim arose \\~thin 60 days of entering into the settlement. No notice is required if the
scttlement has been approved by a court of competent jurisdiction. Section 69.081 (9),
FS.
4. Personnel matters
Meetings of a public board or commission at which personnel matters are
discussed are not exempt from the provisions of s. 286.011, FS., in the absence of
a specific statutory exemption. Times Publishing Company v, Williams, 222 So. 2d
37
GOVERNMENT- IN-THE -SUNSHIN E - MANUAL
470 (1'1a. 2d DCA 19(9), disapproved in part on other grounds, Neu v. Miami Herald
Publishing Company, 462 So. 2d 821 (Fla. 1985). As the court in that case recognized,
personnel matters are not legally privileged or insulated from legislative control.
a. Collective bargaining discussions
(1) Strategy sessions
A limited exemption from s. 286.011, ES., exists for discussions between the chicf
executive officer of the public employer, or his or her reprcsentative, and the legislative
body of the public employer relative to collective bargaining. Section 447.605(1), 1':s.
A similar exemption is contained in s. 110.201(4), FS., for discussions between the
Department of Management Services and the Governor, and bctween the department
and the Administration Commission or agency heads, or between any of their respective
representatives, relative to collective bargaining.
A duly-appointed labor negotiating committee of a city that does not have a city
manager or city administrator qualifies as the "chief executive officer" for purposes
of s. 447.605(1), FS., and may use the exemption when meeting with the city council
to discuss collective bargaining. AGO 85-99. And See AC;O 99-27, concluding that a
committee (composed of thc city mana[!;er and various city managerial and supervisory
employees) formed by the city manager to rcpresent the city in labor negotiations may
participate in closed exccutive scssions conducted pursuant 10 s. 447.605(1), FS. The
cxemption also extends to meetings of the ne[!;otiating committee itself which arc
held to discuss labor negotiation strategies. ld. Thus, during active ne[!;otiations, thc
committce may adjourn to hold a caucus among its members to determine the strategy
to be employed in ongoing negotiations. ld.
However, if a school superintendent's responsibility to conduct collective
bargaining on behalf of the school board has been completely delegated to a
separate labor negotiating committee and the superintendcnt does not participatc in
the collective bargaining negotiations, the exemption afforded by s. 447.605(1), FS.,
applies to discussions between the labor negotiating committee and the school board
only and does not encompass discussions among the committee, school board and
superintendent. ACO 98-06.
The exemption afforded by s. 447.605(1), FS., applies only in the contcxt of actual
and impending collective bargainin[!; negotiations. AGO 8599. The exemption docs
not allow private discussions of a proposed "mini-PERC ordinance" or discussions
regarding the attitude or stance a public body intends to adopt in regard to unionization
and/or collectivc bargaining. AGO 75-48. Moreover, a public body may not conduct
an entire mceting outside the Sunshine Law merely by discussing one topic during the
coursc of that meeting which may be statutorily exempt from s. 28(,,(111, F.S. ,\(;Os
85-99 and 75-48.
Section 447.605(1), FS., docs not directly address the dIssemination of information
that may be obtained at the closed meeting, but there is clear legislative intcnt that matters
discussed during such meetings are not to be open to public disclosure. AGO 03-09.
38
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
(2) Negotiations
Thc collective bargaining negotiations between the chief executive officer and a
bargaining agent are not exempt and, pursuant to s. 447.605(2), FS., must be conducted
in the sunshine. Once the collective bargaining process begins, whenever one side or
any of its representatives at any time, whether before or after the dcclaration of an
impasse, mcets with the other side or any of its representativcs to discuss anything
relevant to the terms and conditions of the employer-employee relationship, such a
meeting is subject to the Sunshinc Law. City of Fort Myers v. News-Press Publishing
Company, Inc., 514 So. 2d 408, 412 (Fla. 2d DC;\ 1987). Accord A(;O 99-27. As with
other meetings subject to s. 286.011, Ii.S., minutes of the negotiation meeting must be
kept. Inf. 01" to Fulwider, June 14, 1993.
The Legislature has, therefore, divided Sunshine Law policy on collective bargaining
for public employees into two parts: when the public employer is meeting with its own
side, it is exempt from the Sunshine Law; when the public employer is meeting \vith the
other side, it is required to comply with the Sunshine La\v. City of Fort Myers v. News-
Press Publishing Company, Inc., 514 So. 2d at 412; and !\GO 76-102.
Prior to the enactment of the Public Employees Collective 13ar[!;aining Act, Part II,
Ch. 447, FS., the Florida Supreme Court determined that a constitutional exception to
the Sunshine Law existed for collective bargaining under !\rt. I, s. 6, Fla. Const. Bassett
v. Braddock, 262 So. 2d 425 (Fla. 1972). The purpose of Ch. 447, FS., is to provide
statutory implementation of Art. I, s. (" Fla. Con st. Therefore, to thc extent that Bassett
directly conflicts with s. 447.605(2), FS., the statute appears to control. See City of Fort
Myers v. News-Press Publishing Company, Inc., supra.
b. Complaint review boards, disciplinary proceedings and grievances
1\ complaint review board of a city police department is subject to the Government
in the Sunshine Law. Barfield v. City of West Palm Beach, No. CL942141-i\C (Fla. 15th
Cir. Ct. May 6, 1994). Accord ,\CO 78-105 (policc complaint review boards convened
pursuant to s. 112.532121. [.:s., arc subject to the Sunshine Law). And See ,\CO 93-
79 (discussions between two members of a three-member complaint rcview board
regarding their selection of the third member of the board must be conducted in
accordance with s. 286,()11, ES.). Compare Molina v. City of Miami, 837 So. 2d 463
(Fla. 3d DC\ 2(02) (Sunshine I,aw does not apply to a Discharge of Firearms Review
Committee, composed of three deputy chiefs of police, because the committee is
nothing more than a meeting of staff members who serve in a fact-finding advisory
capaciry to the chief ).
A meeting of a commission to conduct an cmployee termination hearin[!; is subject
to the Sunshine Law. AGO 92-65. And See News-Press Publishing Company v. Wisher,
345 So. 2d 646, 647-648 (Fla. 1977), in which the Court disapproved of a counry's
use of "pseudonyms or cloaked references" during a meeting held to reprimand
an unnamed department head. Cf Inf. 01" to Gerstein, July 16, 1976, noting that
a discussion between two ciry councilmen and the city manager regardin[!; the city
mana[!;er's resignation was subJect to the Sunshine J .aw.
39
GOVERNMENT-IN- THE-SUNSHINE -MANUAL
The Sunshine Law also applies to board discussions concerning grievances. AGO
76-102. And See Palm Beach County Classroom Teachers Association v. School Board of
Palm Beach County, 411 So. 2d 1375 (Fla. 4th DCI\ 1982), in which the court affirmed
the lower tribunal's refusal to issue a temporary injunction to excludc a ncwspaper
reporter from a gricvance arbitration hearing. A collective bargaining agreement
cannot be used "to circumvent the requircments of public meetin[!;s" in s. 286.011, FS.
fd. at 1376. See also Dascott v. Palm Beach County, 877 So. 2d 8 (Fla. 4th DC\ 2004)
(grievance committee hearings subject to Sunshine Law). Cf 1\GO 84-70 (Sunshine Law
applies to staff grievance committee crcated to make nonbinding recommendations to
a county administrator regarding disposition of employee grievances).
A meeting of a municipal housing authority commission to consider an employee's
appeal of his or her dismissal by the executive director must be open to the public.
,\GO 92-65. See also AGO 77-132 (personnel council composed of citizens appointed
by members of county commission to hear appcals from county cmployecs who have
been disciplined not authorized to deliberate in secret); and I\GO 80-27 (civil service
board created by special act to administer a civil service system for deputy sheriffs and
employees of the office of thc shcriff is subject to s. 286.011, F.S.). And See Dascott
v. Palm Beach County, supra (deliberations of pre-termination panel composed of the
department head, personnel director and equal opportunity director should have been
held in the Sunshine). Cf Deininger v. Palm Beach County, 922 So. 2d 1102 (Fla. 4th DCA
2(06) (reversing trial court's order denying class certification to plaintiffs who alle[!;ed
that pre-termination panel mcetings uscd bv county to terminate or demote employees,
violated the Sunshine Law). Compare Jordan v. Jenne, 938 So. 2d 526 (Fla. 4th DC\
2006) (Sunshine Law not applicable to a professional standards committee responsible
for reviewing charges against a sheriff's deputy and making recommcndations to the
inspector general as to whether the charges should be sustained, dismissed, or whether
the case should be deferred for more informationh McDougall v. Culver, 3 So. 3d
391 (Fla. 2d DCA 2009).
Where, however, a mayor as chief executive officer, rather than the city council,
is responsible under the city charter for disciplining city employees, meetings between
the mayor and a city employee concerning diSCIpline of the employee are not subject to
the Sunshine l,aw. City of Sunrise v. News and Sun-Sentinel Company, 542 So. 2d 1354
(Fla. 4th DCA 1989).
c. Evaluations
Meetings of a board to cva1uate employee performance arc not exempt from the
Sunsbine Law. See AGO 89-37 (Sunshine Law applies to mcetings of a board of
county commissioners when conducting job evaluations of county empIoyces).
A board that is responsible for assessing the performance of its chief executive
officer (CEO) should conduct the review and appraisal process in a proceedin[!; open
to the public as prescribed by s. 286.011, FS., instead of using a review procedure
in which individual board members evaluate the CEO's performancc and send their
individual written comments to the board chairman for compilation and subsequent
discussion with the CEO, AGO 93-90. However, meetin[!;s of individual school board
members with the superintendent to discuss the individual board membcrs' evaluations
do not violate thc Sunshine Law when such evaluations do not become the board's
40
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
evaluation until they are compiled and discussed at a public meeting by the school
board for adoption by the board. AGO 97-23.
d. Interviews
The Sunshine Law applies to meetings of a board of county commissioners when
interviewing applicants for county positions appointed by thc board, when conducting
job evaluations of county employees answcring to and scrving at the pleasure of thc
board, and when conducting employmcnt termination interviews of county employces
who serve at the pleasure of the board, ,,\GO 89-37. And See AGO 75-37 (state
commission must conduct interviews relating to hiring of its lawyer in public); and
AGO 71-389 (district school board conducting employmcnt interviews for district
school supcrintcndcnt applicants would violatc thc Sunshine Law if such interviews
were held in secret).
e. Selection and screening committees
Thc Sunshine Law applies to advisory committees creatcd by an agency to assist
in the selection proccss. For example, in Wood v. Marston, 442 So. 2d 934 (Fla. 1983), a
committee created to screen applications and make recommendations for the position
of a law school dean was held to bc subject to s. 286.011, F.S. By sC!eenin[!; applicants
and deciding which applicants to reject from further consideration, the committee
performed a policy-based, decision-making function delegated to it by thc president of
the university. And See Dore v. Sliger, No. 90-1850 (Fla. 2d Cir. Ct. July 11,1990) (faculty
of university law school prohibited from conducting secret ballots on personnel hiring
mattcrs).
A selection committec appointed to scrcen applications and rank selected applicants
for submission to the city council was determined to be subjcct to the Sunshinc Law
even though the city council was not bound by the committee's ran kings. ACO 80-20.
Accord ;\GO 80-51.
However, if the solc function of the screening committce is simply to gather
information for the dccision-maker, rathcr than to accept or reject applicants, thc
committee's activities arc outside the Sunshine Law. Thus, in Cape Publications, Inc.
v. City of Palm Bay, 473 So. 2d 222 (Fla. 5th DCA 1985), the district court considercd
whether certain activities of the city and the city manager violated the Sunshine Law.
The city charter placed sole rcsponsibility for the selection of the police chief in the
city manager. However, when it bccame necessary to select a new chief of police, the
city manager askcd several people to sit in on the interviews. Thc only function of this
group was to assist thc city manager in acquiring information on the applicants he had
chosen by asking questions during the interviews and then discussing thc qualifications
of each candidate with the city manager after the intervicw.
Similarly, a group of staff assembled by a school official to intcnriew candidates
for a middle school principal position was dctermined to bc outside thc scopc of the
Sunshine l,aw. Knox v. District School Board of Brevard, 821 So. 2d 311 (Fla. 5th DC\
2002). The court noted that the interview team was composed of staff and was selccted
by an area superintendent, not the county school superintendent who was responsible
under state law for making personnel recommcndations to the school board. '~'\lthough
41
GOVERNMENT -IN-THE-S UNSHINE- MAN UAL
the team made recommendations, all the applications went to the superintendent and
he decidcd which applicants to interview and nominate to thc school board." ld. at
314. '~\ Sunshine violation docs not occur when a governmcntal executive uses staff
for a fact ~finding and advisory function in fulfilling his or hcr duties." ld. at 315.
For more information on this subject, please refer to the discussion on advisory
bodies found in s. B.2., supra,
5, Purchasing or bid evaluation committees
A committee appointed by a college's purchasing director to consider proposals
submitted by contractors was deemed to be subject to the Sunshine Law because
its function was to "weed through the various proposals, to determine which were
acceptable and to rank them accordingly." Silver Express Company v. District Board of
Lower Tribunal Trustees, 691 So. 2d 1099, 1100 (Ha. 3d Del, 1997). Accord 1nf. Op.
to Lewis, March 15, 1999 (panels established by state agency to create requests for
proposals and evaluate vcndor responses are subject to the Sunshine Law). And See
Leach~ Wells v. City of Bradenton, 734 So. 2d 1168, 1171 (Fla. 2d DCA 1999) (selection
committee created by city council to evaluate proposals violated the Sunshinc Law
when the city clerk unilaterally ranked the proposals bascd on the committee members'
individual written evaluations; the court held that "the short-listing was formal action
that was required to bc taken at a public meeting"). Cf s. 28("()113(2), FS., providing
an exemption from the Sunshine l,aw for mcetin[!;s at which a negotiation with a vendor
is conducted pursuant to s. 287.057(3), I':S.
In Port Everglades Authority v. International Longshoremens Association, Local 1922-
1, 652 So. 2d 1169, 1170 (Fla. 4th DCA 1995), the court ruled that a board's selection
and negotiation committee violated the Sunshine Law by excluding other competing
bidders from the committee meeting during presentations by competitors. The board
ar[!;Ued that the procurement officer did not exclude the competing presenters from the
public meeting, but merely requested that the competing presenters voluntarily excuse
thcmselves. However, thc court found that the committee's actions "amounted to a de
;acto exclusion of the competitors, especially since the 'request' was made by an official
directly involved with the procurement process." Cf Pinellas County School Board v.
Suncam, Inc., 829 So. 2d 989 (Fla. 2d DC\ 2(02) (school board violated the Sunshine
Law when it refused to permit videotaping of a public meeting held to evaluate general
contractor construction proposals).
6. Quasi-judicial proceedings
The Florida Supreme Court has stated that there is no exception to the Sunshine Law
which would allow closed~door hearin[!;s or deliberations when a board or commission
is acting in a "quasi-judicial" capacity. Canney v. Board of Public instruction of Alachua
County, 278 So. 2d 260 (Fla. 1973). See also Occidental Chemical Company v. Mayo, 351
So. 2d 336, 340 n.7 (Fla. 1977), disapproved in part on other grounds, Citizens v. Beard,
613 So. 2d 403 (FIa, 1992), in which the Supreme Court noted that the characterization
of the Public Service Commission's decision making process as "quasi-judicial" did
not exempt it from s. 286.011, l\S. And See Palm Beach County Classroom Teachers
Association v, School Board of Palm Beach County, 411 So. 2d 1375 (Fla. 4th DCA 1982),
in which the court affirmed the lower court's refusal to issue a remporary injunction to
42
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
exclude a newspaper reporter from a grievance hearing.
The Attorney Ceneral's Office has concluded that deliberations of the following
boards or commissions are subject to s. 286.011, FS., notv,,~thstanding the fact that
the boards or commissions are acting in a "quasi-judicial" capacity: municipal housing
authority, AGO 92-65; municipal board of adjustment, AGO 83-43; personnel
council created to hear appeals of disciplined employees, A(;O 77-132; assessment
administration rcview commission, ACO 75-37; civil scrvice board, ACOs 73-370 and
71-29; fair housin[!; and employment appeals board, Tnf. 01" to Beare, j\pril 20, 1977.
7. Real property negotiations
In the absence of a statutory exemption, the negotiations by a public board or
commission for the sale or purchase of property must be conducted in the sunshine.
See City of Miami Beach v, Berns, 245 So. 2d 38, 40 (Fla. 1971) (city commission not
authorized to hold closed sessions to discuss condemnation issues). Tn addition, if
the authority of the public board or commission to acquire or lease property has been
delegated to a single member, that member is subject to s. 286.011, FS., and is prohibited
from negotiating the acquisition or lcase of the property in secret. AGO 74-294.
Advisory committees charged with land acquisition responsibilities are also subject
to the Sunshine Law. See AGOs 87-42 (ad hoc committee appointed by mayor to meet
with the Chamber of Commerce to discuss a proposed transfer of city property); and
86-51 Oand selection committee appointed by water management district to evaluate
and recommend projects for acquisition).
"-\ limited exemption from the Public Records Act, Ch. 119, FS., exists for certain
records pertainin[!; to the purchase of real property by counties, municipalities, and
school boards. Sections 125.355, 1 (,(i.045, and 101.3.14, FS. Each statute, however,
provides that "Inlothing in this section shall be interprl.ted as providing an excmption
from, or an cxception to, s. 286.011." See ;\(;095-06 (s. 166.045, FS., docs not authorize
a city or its designee to conduct negotiations for purchase of property outside the
Sunshine Law or to keep records other than those specifically designated in the statute
from public disclosure). Accord Tnf. 01" to Garvey, October 21, 1993.
E. DOES THE SUNSHINE LAW APPLY TO:
1. members-elect or candidates;
2. meetin[!;s between members of different boards;
3. meetings between a mayor and a member of the city council;
4. meetings between a board member and his or her alternate;
5. meetings between an ex officio, non-voting board member and a voting member of
the board;
6. community forums sponsored by private organizations;
43
GOVERNMENT- IN -THE-SUNSHINE-MANUAL
7. board membcrs attending meetings of another public board;
8. social events; or
9.. a husband and wife serving on the same board?
I. Members-elect or candidates
Members-elect of boards or commissions are subject to the Sunshine Law. See
Hough v. Stembridge, 278 So. 2d 288, 289 (Fla. 3d DCA 1973), stating that an individual,
upon election to public office, loses his or her status as a private individual and acquires
a position more akin to that of a public trustee; thus, such individuals as membcrs-elect
to a public board or commission are subjcct to s. 286.011, FS. And See AGO 74-40
(members-elect may be liable for "sunshine" violations).
Howcvcr, the Sunshine Law docs not apply to a briefing scssion between a retiring
mayor and the mayor-elect who is not an incumbent council member since the mayor
and the mayor-elect do not, and will not once the mayor-elect takes office, serve together
on the city council. 1\(;0 93-04. Nor does the Sunshine Law apply to candidates for
office, unless the candidate is an incumbent seeking reelection. AGO 92-05. And See
AGO 98-60 (although a candidate running for city commission may be unopposed, he
or she is not considered to be elected until the election has been held; therefore, the
candidate is not a member-elect for purposes of the (;overnment in the Sunshine Law
until that time).
2. Meetings between members of different boards
The Sunshine Law does not apply to a meeting between individuals who are
members of diffirent boards unless one or more of the individuals has been delegated
the authority to act on behalf of his or her board. Rowe v. Pinel/as Sports Authority,
461 So. 2d 72 (Fla. 1984). Accord 1\C;0 84-16 (meeting between the chair of a
private industry council created pursuant to federal law and the chair of a five-county
employment and training consortium created pursuant to state law not subject to
Sunshine Law, unless there is a delegation of decision-making authority to the chair of
the consortium); and lnf. 01" to McClash, April 29, 1992 (Sunshine Law generally not
applicable to county commissioner mccting with individual membcr of metropolitan
planning organization). And See News-Press Publishing Company, Inc. v. Lee County,
Florida, 570 So. 2d 1325 (Fla. 2d Del, 1 (J90) (Sunshine I ,aw not applicable to mediation
proceedin[!; attended by individual members of city and county boards who were in
litigation because only one mcmber of each board was prescnt at the proccedings and
no final settlement negotiations, decisions, or actual settlement could be made during
the mediation conference).
An individual city council member may, therefore, meet privately with an individual
member of the municipal planning and zoning board to discuss a recommendation
made by that board since two or more members of either board are not present,
provided that no delegation of decision-making authority has been made and neither
member is acting as a liaison. i\GO 87-34. And See AGO 99-55 (school board member
44
GOVERNMENT-IN- THE-SUNSHINE-MANUAL
meeting with mcmber of advisory committee established by school board); and 1\GO
97-52 (discussions between individual member of community college board of trustees
and school board member regarding acquisition of property by school board).
3. Meetings between a mayor and a member of the city council
If the mayor is a member of the councilor has a voice in decision-making through
the power to break tie votes, mcetings between the mayor and a member of the city
council to discuss some matter which will come before the city council are subject to
the Sunshine Law. 1\GOs 83-70 and 75-210. And See AGO 92-26 (if the mayor and
city administrator are both members of a committee which is responsible for making
recommendations to the city council on personnel matters, discussions between the
mayor and city administrator on matters which foreseeably will come before the
personnel committee for action are [!;overned by s. 286.011, FS.).
Where, however, the mayor is not a member of the city council and does not
possess any power to vote even in the casc of a tie vote but possesses only the power
to veto legislation, then the mayor may privately meet ,,~th an individual member of
the city council without violatin[!; the Sunshine Law, provided the mayor is not acting
as a liaison between members and ncither the mayor nor the council member has
been delcgated the authority to act on behalf of the council. ACOs 90-26 and 85-
36. And See Inf Op. to Cassady, ;\pril 7, 2005 (mayor who is not a member of the
city council and cannot vote cvcn in the even t of a tic, may meet ,,~th an individual
council member to discuss the mayor's recommcndations to the council concerning
prospective appointments of staff or members of city boards).
If a dccision falls ,,~thin the administrative functions of the mayor and would
not come before the city council for consideration, discussions between an individual
member of the city council and the mayor are not subject to the Sunshine Law since
such discussions do not relate to a matter which will forcseeably come before the city
council for action. ACOs 83-70 and 75210. See s. E.1 D., supr~. Cf City of Sunrise ~.
News and Sun-Sentinel Company, 542 So. 2d 1354 (Fla. 4th DCA 1989) (since mayor
was responsible undcr the city charter for disciplining city employees, mayor in carrying
out this function was not subject to s. 286.011, ES.).
4. Meetings between a board member and his or her alternate
Since the alternate is authorized to act only in the absence of a board or commission
member, there is no meeting of two individuals who exercise independent decision-
making authority at the meeting. Thcre is, in effcct, only one decision-making official
present. Therefore, a meeting bctween a board member and his or hcr alternate is not
subject to the Sunshine Law. /\(;0 88-45.
5. Meetings between an ex officio, non-voting board member and a voting
member of the board
Meetings between a votin[!; member of a board and a non-voting member who
serves as a member of the board in an ex officio, non-voting capacity, are subject to thc
Sunshine Law. ,\CO 05-18.
45
GOVERNMENT- IN - THE-SUNSHIN E- MAN UAL
6. Community forums sponsored by private organizations
;\ "Candidates' Night" sponsored by a private organization at which candidates for
public office, including several incumbent city council members, will speak about their
political philosophies, trends, and issues facing the city, is not subject to the Sunshine
Law unless the council members discuss issues coming before the council among
themselves. ACO 92-05. Compare Inf. 01" to Jove, January 12,2009, concluding that
a public forum hosted by a city council member with city council members invited to
attend and participate in the discussion would be subject to s. 286.011, FS.
Similarly, in ;\GO 94-62, the Attorney General's Office concluded that the Sunshine
Law does not apply to a political forum sponsored by a private civic club during
which county commissioners express their position on matters that may foresee ably
come before the commission, so long as the commissioners avoid discussions among
themselves on these issues.
However, caution should be exercised to avoid situations in which private political
or community forums may be used to circumvent the statute's requirements. Jd. See
Town of Palm Beach v. Gradison, 296 So. 2d 473, 477 (Fla. 1974) (Sunshine Law must
be construed "so as to frustrate all evasive devices"). For example, in State v. foster,
12 FL.W Supp. 1194a (Fla. Broward Co. <:1. September 26, 2(05), the court rejected
thc argument that the Sunshine Law permitted city commissioners to attend a private
breakfast mceting at which the shcriff spokc and the commissioners individually
questioned thc shetiff but did not direct comments or gucstions to each other. The
court denied the commIssioners' motion for summary Jud[!;ffient and ruled that the
discussion should have been held in the Sunshinc bccause the sheriff was a "common
facilitator" who received comments from each commissioner in front of the other
comnussloncrs.
7. Board members attending meetings of another public board
In ACO 98-14, the ;\ttorney General's Office was asked whethcr members of a
metropolitan planning organization (ivIPO) who also scrve as city council members
must separately notice an MPO mecting whcn they plan to discuss :\[PO matters
at an advcrtised city council mecting. The opinion concluded that separatc notice
of the MPO meeting was not required as lon[!; as the agenda of the city council
meeting mentioned that MPO business would be discussed. Similarly, in ;\GO 07-
13 the Attorney General stated that two county commissioncrs who werc also board
members for a regional planning council could take part in council meetings (which
were conducted in accordance with s. 286.011, FS.) and express their opinions without
violating the Sunshinc Law. See also AGO 00-68 (Sunshine Law docs not prohibit city
commissioners from attcnding other city board mectings and commcnting on agenda
items that may subseguently comc before thc commission for final action; however,
city commissioners attendin[!; such mectings may not discuss those issues among
themselves); AGO 99-55 (a school board membcr may attend a public meeting of
an advisory committec 'Without prior notice of his or her attendancc; if, however, it is
known that two or more mcmbers of the school board are planning to be in attendance
and participate, it would be advisable to note their attendance in the notice of thc
advisory committec meeting); AGO 98-79 (city commissioncr may attend a community
development board meeting held to consider a proposed city ordinancc and express his
46
GOVERNMENT- IN -THE-SUNSHINE-MANUAL
or her views on the proposed ordinance evcn though other city commissioners may
be in attendance; however, thc city commissioners in attendance may not engage in a
discussion or debate among themselves). And See ACOs OS-59, 91-95 and 77-138.
8. Social events
Members of a public board or commission are not prohibited under the Sunshine
Law from mecting together socially, provided that matters which may comc before
the board or commission are not discussed at such [!;atherings. Thus, when two or
more members of a public board are attending or participating in meetings or other
functions unconnectcd with thcir board, they must refrain from discussing matters on
which foreseeable action may be taken by the board but are not othern~se restricted in
their actions. ACO 92-79.
i\ luncheon meeting held by a private organization for members of a public board
or commission at which there is no discussion among such officials on matters relating
to public business would not be subject to the Sunshine Law merely because of the
presence of two or more members of a covercd board or commission. AGO 72-
158. Accord lnf 01" to 13atchelor, May 27, 1982 (Sunshine Law inapplicable when the
gathering of two or more members of a board or commission is entirely for social
purposes and no public business is discussed).
9. A husband and wife serving on the same board
Thcre is no per se violation of the Sunshine Law for a husband and wife to serve
on the same public board or commission so long as they do not discuss board business
without complyin[!; with the rcquirements of s. 286.011, FS.\CO 89-06.
F. WHAT ARE THE NOTICE AND PROCEDURAL REQUIREMENTS
OF THE SUNSHINE LAW?
1. What kind of notice of the meeting must be given?
a. Reasonable notice required
i\ vital element of the Sunshine Law is the requirement that boards subject to
the law prO\~de "reasonable notice" of all meetings. See s. 286,011 (1), F.S. Although
s. 286.011, F.S., did not contain an express notice requirement until 1995, many court
decisions had stated prior to the statutory amendment that in order for a public meeting
to be in essence "public," reasonable notice of the meeting must be given. Hough v.
Stembridge, 278 So. 2d 288, 291 (Fla. 3d DC\ 1973). Accord Yarbrough v. Young, 462 So.
2d 515, 517 (Fla. 1st DC\ 1985).
Reasonable public notice is required for all meetin[!;s subject to the Sunshinc
Law. Thus, notice is required for meetings between members of a public board even
though a quorum is not prcsent. ;\COs 90-56 and 71-346. And See Baynard v. City of
Chiefland, Florida, No. 38-2002-C\-000789 (l'1a. 8th Cir. Ct. july 8, 20(3) (reasonable
notice required even if subject of meeting is "relatively unimportant").
Notice is required even though meetings of the board are "of general knowledge"
and arc not conducted in a closed door manner. TSI Southeast, Inc. v. Royals, 588 So.
47
GOVERNMENT -IN- THE-SUNSHINE- MANUAL
2d 309, 310 (Fla. 1st DCA 1991). "Governmental bodies who hold unnoticed meetings
do so at their peril." Monroe County v. Pigeon Key Historical Park, Inc., 647 So. 2d 857,
869 (PIa. 3d DC\ 1994).
Tbe type of notice that must be given is variable, however, depending on the facts
of the sItuation and the board involvcd. I n some instances, posting of the notice in
an area set aside for that purpose may be sufficient; in others, publication in a local
newspaper may be necessary. In each case, ho\vcver, an agency must give notice at such
time and in such a manner as will cnable the media and the general public to attend the
meeting. AGOs 04-44, 80-78 and 73-170. And See Rhea v. City 0/ Gainesville, 574 So.
2d 221, 222 (Fla. 1st DCA 1991), citing AGO 73-170, and stating that the purpose of
the notice requirement is to apprise the public of the pendency of matters that might
affect their rights, afford them the opportunity to appear and prescnt their views, and
afford them a reasonable time to make an appearance if they wish. Cf Lyon v. Lake
County, 765 So. 2d 785, 790 (Fla. 5th DCA 2(00) (where county attorney provided
citizen with "personal due notice" of a committee meeting and its function, it would
be "unjust to reward" the citizen by concluding that a meeting lacked adequate notice
because the newspaper advertisement failed to correctly name the committee). And See
Sunctlm, Inc. v. Worrall, No. Cl97-3385 (Fla. 9th Cir. C:t. [v1ay 9, 1997) (Sunshine Law
requires notice to the [!;eneral public; agency not required to provide "individual notice"
to company that wished to be informed when certain meetin[!;s were [!;oing to occur).
While the Attorney General's Office cannot specify the type of notice which must
be given in all cases, it has suggested the following notice guidelines:
1. The notice should contain the time and place of the meeting and, if
available, an agenda (or if no agenda is available, subject matter summations
migh t be used);
2. the notice should be prominently displayed in the area in the agency's offices
set aside for that purpose, e.g., for citics, in city hall;
3. emergency sessions should be affordcd the most appropriate and effective
notice under the circumstances and special meetings should have at least 24
hours reasonable notice to the public; and
4. the use of press releases and/or phone calls to the wire services and
other media is highly effective. On matters of critical public concern
such as rezoning, budgeting, taxation, appointment of public officers,
etc., advertising in the local ncwspapers of general circulation would be
appropnate.
The notice procedures set forth above should be considered as suggestions which
will vary depending upon the circumstances of each particular situation. See AGO
73-170 ("If the purpose for notice is kept in mind, togcther with the character of thc
event about which notice is to be given and the nature of the rights to be affected, the
essential requirements for notice in that situation will suggest themselves.").
Thus, in Rhea v. City a/Gainesville, 574 So. 2d 221 (lila. 1st DCA 1991), the court
held that a complaint aIlegin[!; that members of the local news media were contacted
about a special meeting of the city commission one and one-half hours before thc
meeting stated a sufficient cause of action that the Sunshine Law had been violated.
Compare Yarbrough v. Young, 462 So, 2d 515 (Fla. 1st DCA 1985) (three days' noticc of
48
GOVERNMENT- IN-THE-SUNSHINE- MAN UAL
special meeting deemed adequate); and News and Sun-Sentinel Company v. Cox, 702 F
Supp. 891 (S.D. Fla. 1988) (no Sunshine Law violation occurrcd when on March 31, a
"gencral notice" of a city commission mecting schcduled for ;\pri1 5 was posted on the
bulletin board outsidc city hall). And See Yarbrough v. Young, supra, at 517n.1 (Sunshine
Law does not requirc city council to give notice "by paid advertisemcnts" of its intent
to take action regarding utilities system improvements, although thc Legislature "has
required such notice for certain subjects," See e.g., 166.04113Ilc]' FS.).
The determination as to who will actually prepare the notice or agenda is essentially
"an integral part of the actual mechanics and procedures for conducting that meeting
and, therefore, aptly rele[!;ated to local practice and procedure as prescribed by .
chartcrs and ordinances." Hough, 278 So. 2d at 291.
b. Notice requirements when meeting adjourned to a later date
If a meeting is to bc adjourned and reconvened later to complete the business
from the agenda of thc adjourned meeting, thc second mecting should also be noticed.
AGO 90-56.
However, in State v. Adams, No. 91-175-CC (Fla. Sumter Co. Ct. July 15, 1992),
the county court held that s. 286.011, FS., was not violated by a brief discussion as to
whether commission members could make an inspection trip to an industrial facility
without violating s. 286.011, FS., when the discussion took place immediately after
the adjournment of a duly noticed commission meeting. The court found that the
room remained open during the discussion, no member of the public relied to their
detrimcnt on the adjournment by leaving the proceedings, and thcre was no allegation
that the alleged adjournment was utilized as a tool to avoid the public scrutiny of
governmental meetin[!;s. And See Greenbarg v. Metropolitan Dade County Board of
County Commissioners, 618 So. 2d 760 (Fla. 3d DCA 1993) (no impropriety in county
commission continuing its meetin[!; until the early morning hours).
c. Notice requirements when board acting as quasi-judicial body or taking
action affecting individual rights
Section 286.0105, FS., requircs:
Each board, commission, or agency of this state or of any political
subdivision thereof shall include in the notice of any meeting or
hearing, if notice of the meeting or hcaring is requircd, of such board,
commission, or agency, conspicuously on such notice, the advice that, if
a person decides to appeal any decision made by the board, agency, or
commission \\ith respect to any matter considered at such meeting or
hearing, he or she will nced a record of thc proceedings, and that, for
such purpose, he or she may need to ensure that a vcrbatim record of the
proceedings is made, which record includes the testimony and evidence
upon which the appeal is to bc based.
Where a public board or commission acts as a quasi-judicial body or takcs official
action on matters that affect individual rights of citizens, in contrast with the rights
of the public at large, the board or commission is suhject to the rcquirements of s.
49
GOVERNMENT- IN- THE -SUNSHINE - MANUAL
286.0105, ES. AGO 81-06.
d. Effect of notice requirements imposed by other sratutes, codes or ordinances
The Sunshine Law requires only that reasonable public notice be given. As stated
above, the type of notice required is variable and "ill depend upon the circumstances.
A public agency, however, may be subject to additional notice requirements imposed
by other statutes, charters or codes. See e.g., s. 189.417(1), FS., providing notice
requirements for meetings of the govcrnin[!; bodies of special districts. In such cases,
thc requirements of that statute, charter, or code must be strictly observed. Inf. Op.
to Mattimore, February 6, 1996. And See Yarbrough v. Young, 462 So. 2d 515, 517, n.1
(I'la. 1 st DCA 1985) (Sunshine l,aw docs not require city council to give notice "by paid
advertiscments" of its intent to take action re[!;arding utilities system improvcments,
although the Legislaturc "has requircd such notice for certain subjects," See e,g.,
166.04113J[cl, ES.).
Thus, a board or commission subject to Ch. 120, FS., the Administrative Procedure
Act, must comply with the notice requirements of that act. See e.g., s. 120.525, ES.,
which prov;des for publication in the Florida Administrative Weekly and on the
agency's website not less than 7 days before the cvent. Those requirements, however,
are imposed by Ch. 120, FS., not s. 286.011, FS., although the noticc of a board or
commission published in thc Horida Administrative Weekly [h\WI pursuant to Ch.
120, ES., also satisfies the notice requirements of s. 28("(J11, I'S Florida Parole and
Probation Commission v. Baranko, 407 So. 2d 10R6 (Fla. 1st DC\ 1982).
2. Does the Sunshine Law require that an agenda be made available prior
to board meetings or restrict the board from taking action on matters
not on the agenda?
The Attorney General's Office recommends publication of an agenda, if available,
in the notice of the meeting; if an agenda is not available, subject matter summations
might be used. However, the courts have held that the Sunshine Law does not mandate
that an agency provide notice of each item to be discussed via a published agenda. Such
a specific requirement has been rcjected because it could effectively preclude access to
meetings by members of the general public who wish to bring specific issues before a
governmental body. See Hough v. Stembridge, 278 So. 2d 288 (Fla. 3d DCA 1973). And
See Yarbrough v. Young, 462 So. 2d 515 (Fla. 1 st DC\ 1985) (posted agenda unnecessary;
public body not required to postponc mceting due to inaccurate press report which was
not part of the public body's official notice efforts). Thus, the Sunshine Law has been
interpreted to requirc notice of meetings, not of the individual items which may be
considered at that mceting. However, other statutes, codes or ordinances may impose
such a requirement and agencies subject to those provisions must follow thcm.
Accordingly, the Sunshine Law does not require boards to consider only those
matters on a published agenda. "IWlhether to impose a requirement that restricts every
relevant commission or board from considerin[!; matters not on an a[!;enda is a policy
decision to be made by the legislature." Law and infOrmation Services, inc. v. City of
Riviera Beach, 670 So. 2d 1014, 1016 (Fla, 4th DCA 1996).
50
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
For example, s. 120.525(2), FS., requires that agencies subject to the Administrative
Procedure Act must prepare an agenda in time to ensure that a copy may be reccived
at least seven days before the event by any person in the state who requests a copy and
who pays the reasonable cost of the copy. After the agenda has been made available,
changcs may be made only for good cause. rd.
Therefore, agencies subject to the ;\dministrative Procedure Act must follow the
requirements in that statute. See Inf. 01" to i\!attimore, I!ebruary 6,1996 (notice of each
item to be discussed at public meeting is not required under s. 286.011, liS, although
other statutes, codes, or rules, such as Ch. 120, FS., may imposc such a requirement).
Moreover, even though the Sunshine Law docs not prohibit a board from adding
topics to the agenda of a regularly noticed meeting, the Attorney General's Office has
advised boards to postpone formal action on any added items that are controversial.
AGO 03-53. "In the spirit of the Sunshine Law, the city commission should be
sensitive to the community's concerns that it be allowed advance notice and, therefore,
meaningful participation on controversial issues comin[!; before the commission." rd.
3. Does the Sunshine Law limit where meetings of a public board or commission
may be held?
a. Inspection trips
The Sunshine I ,aw does not prohibit advisory boards from conducting inspection
trips provided that the board members do not discuss matters which may come
before the board for official action. See Bigelow v. Howze, 291 So. 2d 645 (Fla. 2d
DCA 1974) (where two of five county commi.ssioners, as members of a fact-finding
committee, went on an inspection trip to Tennessee they should not have discussed
what rccommendations the committce would make while they were still on their
trip, but should have waited until such discussion could occur at a mecting held in
compliance with the Sunshine Law). ,\nd see ACO 0224 (two or more members of
an advisory group created by a city code to make recommendations to the city council
or planning commission on proposed development may conduct vegetation surveys
without subjecting thcmselvcs to the noticc and mi.nutes requirements of the Sunshine
Law, provided that they do not discuss among themselves any recommendations the
committee may makc to the councilor planning commission, or comments on the
proposcd development that the committee may make to city officials).
The "fact-finding" exception to the Sunshine Law, however, does not apply to a
board \\~th "ultimate decision-making authority." See Finch v. Seminole County School
Board, 995 So. 2d 1068 (Fla. 5th DC\ 2(08), in which the court held that a district
school board violatcd the Sunshinc Law when the board, together \\~th several school
officials and two members of the media, took a bus tour of neighborhoods affccted
by the board's proposed rezoning. School board members were separated from each
other on the bus, did not express any opinions or their preference for any of the
rezoning plans, and did not vote dunng the trip. However, since the board was the
ultimate decision-making body, the conduct of the bus tour constituted a violation of
the Sunshine Law.
b. Luncheon meetings
51
GOVERNMENT- IN- THE-SUNSHINE - MANUAL
Public access to meetings of public boards or commissions is the key element
of the Sunshine Law and public agencies arc advised to avoid holding meetings in
places not easily accessible to the public. Thc i\ttorney General's Office, therefore, has
suggested that public boards or commissions avoid the use of luncheon meetings to
conduct board or commission business. These meetings may have a "chilling" effect
upon the public's \\~Ilingness or desire to attend. People who would othef\\~sc attend
such a meeting may be un\\~lling or reluctant to entcr a public dining room without
purchasing a meal and may bc financially or personally umv~lIing to do so. 1nf. 01" to
Campbell, February 8, 1999; and Inf. 01" to Nelson, May 19, 1980.
In addition, discussions at such meetings by members of the board or commission
which are audible only to those seated at the table may violate the "openness"
requirement of the law. AGO 71-159. Public boards or commissions are, therefore,
advised to avoid holding meetings at places where the public and the press are effectively
excluded. AGO 71-295. Cf City of Miami Beach v. Berns, 245 So. 2d 38, 41 (Fla. 1971),
in which the Florida Supreme Court observed: "A secret meeting occurs when public
officials meet at a time and placc to avoid being seen or heard by the public."
c. Meetings at facilities that discriminate or unreasonably restrict access
prohibited
Section 286.011 (6), li.S., prohibits boards or commissions subject to the Sunshine
Law from holding their meetings at any facility which discriminates on the basis of sex,
age, race, creed, color, origin, or economic status, or which operates in such a manner
as to unreasonably restrict public access to such a facility. And See s. 286.26, FS.,
relating to accessibility of public meetings to the physically handicapped.
Thus, a police pension board should not hold its meetings in a facility where the
public has limited access and where there may be a "chillin[!;" effect on the public's
willingness to attend by rcquiring the public to provide identification, to leavc such
identification whilc attendin[!; the meeting and to request permission before entering
the room where the meeting is held. AGO 96-55. And See AGO 05-13, concluding
that a city may not require persons wishing to attend public meetings to provide
identification as a condition of attendance. This is not to say, however, that an agency
may not impose certain sccurity measures on members of the public entering a public
building, such as requiring the public to go throu[!;h metal dctectors. Id. The Attorney
General's Office has also expressed concerns about holding a public meeting in a
private home in light of the possible "chilling effect" on the public's willingness to
attend. See Inf. Op. to Galloway, August 21,2008.
d. Out-of-town meetings
The courts have recognized that the mere fact that a meetin[!; is held in a public
room does not make it public within the meaning of the Sunshine Law. Bigelow v.
Howze, 291 So, 2d 645, 647-648 (Fla. 2d DCA 1974). For a meeting to be "public,"
the public must be given advance notice and provided WIth a reasonable opportunity
to attend. Id.
Accordingly, a school board workshop held outside county limits over 100 miles
away from thc board's headquartcrs violated the Sunshine Law where the only advantage
52
GOVERNMENT-IN-THE -SUNSHINE- MANUAL
to the board resulting from the out-of-town gathering (elimination of travel time and
expense due to the fact that the board members were attending a conference at thc
site) did not outweigh the intcrests of the public in having a reasonable opportunity
to attend. Rhea v, School Board of Alachua County, 636 So. 2d 1383 (Fla. 1 st DC\
1994). The court refused to adopt a rule prohibiting any board workshops from being
held at a site more than 100 miles from its headquartcrs; instead, thc court held that a
balancing of interests test is the most appropriate mcthod to determinc which interest
predominates in a given case. :\s stated by thc court, "[tJhe interests of the public in
having a reasonable opportunity to attend a Board workshop must be balanced against
the Board's need to conduct a workshop at a site beyond the county boundaries." [d.
at 1385.
In addition, there may be other statutcs which linut where board meetings may be
held. See e,g., s. 125.001, FS. (meetings of the board of county commissioners may
be held at any appropriatc public place in the county); s. 1001.372, F.S. (school board
meetings may be held at any appropriate public place in the county). And See AGOs
03-03 and 75-139 (municipality may not hold commission meetings at facilities outside
its boundaries).
Conduct which occurs outside the state which would constitute a knowing violation
of the Sunshine Law is a second degree misdemeanor. Scction 286.011 (3), FS. Such
violations are prosecuted in the county in which the board or commission normally
conducts its official business. Section 910.16, FS.
4. Can restrictions be placed on the public's attendance at, or participation in,
a public meeting?
a. Public's right to attend or record meeting
(1) Size of meeting facilities
The Sunshine Law requires that meetings of a public board or commission be
"open to the public." For meetings where a large turnout of the public is expected,
public boards and commissions should take reasonable steps to ensure that thc facilities
where the mceting will be held will accommodate the anticipatcd turnout. Meetings
held at a facility which can accommodate only a small number of the public attending,
whcn a large public turnout can reasonably be expected, may violate the public access
requirement of s. 286.011, 1<:S., by unreasonably restricting access to the mceting. If a
huge public turnout is anticipated for a partlcular issue and the largest available public
meeting room cannot accommodate all of thosc who are expected to attend, the
use of video technology (e,g" a television screen outside the meeting room) may be
appropriate. In such cases, as with other open meetings, reasonable steps to providc an
opportunity for public participation in the proccedings should also be considered.
(2) Inaudible discussions
A violation of the Sunshine Law may occur if, during a recess of a public meeting,
board members discuss issues before the board in a manner not gencrally audible
to the public attending the meeting. Althou[!;h such a meeting is not clandestine, it
nonetheless violatcs the letter and spirit of the law. Rackleif v. Bishop, No. 89-235 (Fla.
53
GOVERNMENT-IN-THE -SUNSHIN E- MAN UAL
2d Cir. Ct. i\Iarch 5, 1990). And See .\CO 71159, stating that discussions of public
business which are audible only to "a selcct few" who are at the table with the board
membcrs may violate the "openness" requirement of thc law.
(3) Exclusion of certain members of the public
The tcrm "open to the public" as uscd in the Sunshine Law means open to all
persons who choose to attend. AGO 99-53. In Port Everglades Authority v. International
Longshoremens Association, Locali922-i, 652 So. 2d 1169, 1170 (Fla. 4th DC\ 1995),
the court ruled that a board violatcd the Sunshine Law by requesting that bidders
voluntarily cxcusc themselves from cach orhers' prcsentatlOns. The court found that
the board's actions "amounted to a de facto exclusion of the compctitors, cspecially
since the 'request' was made by an official directly involved with the procurement
process,"
Staff of a public agency clcarly arc members of the public as well as employees
of the agency; they cannot, therefore, be excluded from public meetings. :\GO 79-
01. Section 286.(111, l'.S., however, does not preclude the reasonable application of
ordinary personnel policies, for example, the requirement that annual leave be used to
attend meetings, provided that such policies do not frustratc or subvert the purpose of
the Sunshine] ,aw. 1d.
Although not directly addressing the open mectings laws, courts of other states
have ruled that in the absencc of a compelling governmental interest, agencics may not
single out and exclude a particular news organization or rcporter from press conferences.
See e.g., Times-Picayune Publishing Corporation v. Lee, 15 Media L. Rcp. 1713 (ED. La.
1988); Borreca v. Fasi, 369 F Supp. 906 (0. Hawaii 1974); Quad-City Community News
Service, inc. v. Jebens, 334 F Supp. 8 (SD. Iowa 1971); and Southwestern Newspapers
Corporation v. Curtis, 584 S.W2d 362 (rex. Ct. ApI" 1979).
(4) Cameras and tape recorders
Reasonable rules and policies which ensure the orderly conduct of a public meeting
and which require orderly behavior on the part of those persons attending a public
mecting may be adopted by the board or commission. A rule or policy which prohibits
the use of nondisruptive or silent tape recording devices, however, is unreasonable and
arbitrary and is, therefore, invalid. AGO 77 -122.
Moreovcr, the Legislature in Ch 934, FS., appears to implicitly recognizc the
public's right to silently record public meetings. :\GO 91-28. Chapter 934, l'.S., the
Security of Communications :\ct, regulates the interccption of oral communications.
Section 934.02(2), l'.S., however, defines "Iojral communication" to specifically exclude
"any public oral communication uttered at a public meeting." See also Inf. 01" to
Gerstcin, July 16, 197(" statin[!; that public officials may not complain that they arc
sccretly being recorded during public meetin[!;s in violation of s. 934.03, l'.S.
Similarly, a school board's refusal to allow unobtrusive videotaping of a public
meeting violated the Sunshine Law. Pinellas County School Board v, Suncam, inc., 829
So. 2d 989 (pIa. 2d DCA 2002). Accord AGO 91-28.
54
GOVERNMENT- IN- THE-SUNSH INE-MANUAL
b. Public's right to participate in a meeting
(1) Importance of public participation
The Attorney General has noted that "the courts of this state and this office have
recognized the importance of public participation in opcn meetings." See AGO 04-
53 and cases cited at footnote (). In Evergreen the Tree Treasurers of Charlotte County,
inc. v. Charlotte County Board of County Commissioners, 810 So. 2d 526 (Fla. 2d DC\
20(2), the court held that a county development review committee was subject to thc
Sunshine Law, and should have allowed public comment before making its decision on
a project. Cf s. 286.0115(2)(b), 1':S., providing that "[i]n a quasi-judicial proceeding on
local government land use mattcrs, a person who appears before the decisionmaking
body who is not a party or a party-intervenor shall be allowed to tcstify before the
decisionmaking body, subject to control by thc decision making body, . . . ."
However, the Supreme Court has indicated that with regard to certain types of
executive meetings, there may not be a right under s. 286.011, FS., for a member of the
public to participate. In Wood v. Marston, 442 So. 2d 934, 941 (Fla. 1983), the Court
examined the applicability of the Sunshine Law to a staff committce delegated the
authority by the university president to recommend candidates for a university position.
Revie\"~ng the activities of a committee carrying out executive functions traditionally
conducted without public input, the Court stated:
This Court recognizes the necessity for the frce exchange
of ideas in academic forums, without fcar of governmental
reprisal, to foster deep thought and intcllcctual growth.
\Ve hasten to reassurc rcspondents that nothing in this
decision gives the pubbc the right to be more than spectators.
Until the matter is clarified, the Attorney General's Office has recognized that
when committees are carrying out certain executive functions which traditionally have
been conducted without public input (as described in the Marston decision), the public
has the right to attend but may not have the authority to participate. See Law and
information Services v. City of Riviera Beach, 670 So. 2d 1014, 1016 (Fla. 4th DCA 1996),
citing Marston for the principle that the public does not have a right to speak on all
issues prior to resolution of the issue by the board; Homestead-Miami Speedway, LLe.
v. City of Miami, 828 So. 2d 411 (Fla. 3d DC\ 2002) (city did not violate Sunshine Law
where there was public participation and debate in some but not all of the mectings
concerning a proposed contract).
On the other hand, if a committec or board is carrying out legislative
responsibilities, the ;\ttorney (;enera1's Office has adviscd that the public should be
afforded a meaningful opportunity to participate at each stage of the decision-making
process, including workshops. See Inf. 01" to Thrasher, January 27, 1994; and lnf. 01"
to Conn, May 19, 1987.
(2) Authority to adopt reasonable rules
55
GOVERNMENT- IN -THE-SUNSHINE-MANUAL
In providing an opportunity for public participation, thc Attorney General's
Office has advised that reasonable rules and policies, which ensure the orderly conduct
of a public meeting and which require orderly behavior on the part of those persons
attending, may be adopted by a public board. For example, a rule which limits the
amount of time an individual may address the board could be adopted provided that
the time limit does not unreasonably restrict the public's right of access.
Although not directly considering the Sunshine Law, the court in jones v. Heyman,
888 F2d 1328, 1333 (11 th Cir. 1989), recognized that "to deny the presiding officcr
the authority to regulate irrelcvant debate and disruptive behavior at a public meeting-
-would cause such meetings to drag on interminably, and deny others the opportunity
to voice their opinions." Thus, the court concluded that a mayor's actions in attempting
to confine the speaker to the agenda item in the city commission meeting and having
the speaker rcmoved when the spcaker appeared to become disruptive constituted a
reasonable time, place and manner regulation and did not violate the speaker's First
Amendment rights. And See Rowe v. City of Cocoa, 358 F 3d 800 (11 th Cir. 20(4) (city
council's regulation limiting specch of nonresIdents during its meetings is viewpoint-
neutral and does not violate the First or Fourteenth ,\mendment rights of nonrcsidents).
Compare AGO 04-53 (statute requiring spccial district board to hold "a public hearing
at which time qualified clectors of the district may appear and be heard" does not
prohibit nonqualified electors from participating).
5. May the members of a public board use codes or preassigned numbers in
order to avoid identifying individuals?
Section 286.011, F.S., rcquires that meetings of public boards or commissions be
"open to thc public at all times." If at any time during the meeting the proceedings
bccome covert, secret or not wholly exposed to the view and hearing of the public,
then that portion of the meeting violatcs the portion of s. 286.011, F.S., requiring
that meetings bc "open to thc public at all times." Thus, in Neu v. Miami Herald
Publishing Company, 462 So. 2d 821 (!'la. 1985), the Court disapproved of a procedure
by which representatives of the media would be permitted to attend a city council
meeting provided that they agrecd to "respect the confidentiality" of certain matters.
"Under the Sunshine Law, a meeting is either fully opcn or fully closed; there are no
intermediate cate[!;ories." fd. at 823.
,-!'ccordingly, the use of preassigned numbcrs or codes at public meetin[!;s to
avoid identifying the names of applicants violates s. 28(>.1)11, FS., because "to permit
discussions of applicants for the position of a municipal department head by a
preassigned number or other codcd identification in order to kcep the public from
knowing the identities of such applicants and to exclude the public from the appointive
or sclection process would clearly frustrate or defeat the purpose of the Sunshinc Law."
AGO 77-48. Accord AGO 76-240 (Sunshine Law prohibits the use of coded symbols
at a public meeting in order to avoid rcvealing the names of applicants for the position
of city manager). And See News-Press Publishing Company v. Wisher, 345 So. 2d 646
(Fla. 1977), in which the Suprcme Court held that the procedure uscd by a county
commission to reprimand a departmcnt hcad contravcned the Sunshine Law. "The
public policy of this state as expressed in thc puhlie records law and the open meetings
statute eliminate anv notion that the commission was free to conduct the countv's
personnel business by pseudonyms or cloaked refcrences." fd. at 648. .
56
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
6. May members of a public board vote by written or secret ballot?
Board members arc not prohibited from using written ballots to cast a vote as long
as the votes are made openly at a public meeting, the name of the person who voted
and his or her sclection are written on the ballot, and the ballots are maintained and
made available for public inspection in accordance with the Public Records Act. See
;\CO 73-344. Cf AGO 78-117 (in the absence of statutory authority, proxy voting by
board members is not allowed).
By contrast, a secret ballot violates the Sunshine Law. See AGO 73-264 (members
of a personnel board may not vote by secret ballot during a hearin[!; concerning a public
employee). Accord ;\COs 72-326 and 71-32 (board may not use secret ballots to elect
the chairman and other officers of the board).
7. Are board members authorized to abstain from voting?
Section 286.012, I'~S., provides:
No member of any state, county or municipal governmental board,
commission, or agency who is present at any mceting of any such body
at which an official decision, ruling, or other official act is to be taken or
adopted may abstain from votin[!; . . . a vote shall be recorded or counted
for each such member present, exccpt when, with respect to any such
member, there is, or appears to be, a possible conflict of interest under.
. . s. 112.311, s. 112.313, or s. 112.3143, FS. (e.s.)
Scction 286.012, FS., thus, prohibits a member of a state, county or municipal
board who is present at a mceting from abstaining from voting unlcss there is, or
appears to be, a possible conflict of interest under ss. 112.311, 112.313 or 112.3143,
FS, of the Code of Ethics for Public Officers and Employces. And See AGO 02-40 (s.
286.012 applies to advisory board appointed by a county commission).
Failure of a member to vote, howcver, does not invalidate the entire proceedings.
City of Hallandale v, Rayel Corporation, 313 So. 2d 113 (Fla. 4th DCA 1975), cause
dismissed sua sponte, 322 So. 2d 915 (Fla. 1975) (to rule othem~se would permit any
member to frustrate official action merely by refusing to participatc).
Section 286.012, FS., applies only to state, county and municipal boards. ACO
04-21. Special district boards are not subjcct to its provisions and may adopt their own
rules regarding abstention, subject to s. 112.3143, FS. ;\GOs 04-21, 85-78 and 78-11.
Section 112.3143(3)(a), FS., prohibits a county, municipal, or other local public
officer from voting on any measure which inures to his or her special private gain or
loss; which the officer knows would inure to the special private gain or loss of any
principal or parent organization or subsidiary of a corporate principal, other than a
public agency, by whom he or she is retaincd; or which thc officer knows would inure
to the special private [!;ain or loss of a relative or business associate of the officer. ,\n
exception exists for a commissioner of a community redevelopment agency crcatcd or
dcsignated pursuant to s. 1 (,3.356, F.S., or s. 163.357, ES., or an officer of an independent
special tax district electcd on a (me-acre, onc~vote basis. Section 112.3143(3)(b), FS.
57
GOVERNMENT- IN-THE-S UNSHINE-MANUAL
For those local officials subject to s. 112.3143(3)(a), FS., however, no exception
exists even though the abstention has the effect of preventing the local legislative body
from taking action on the matter. AGO 86-61. Prior to the vote being taken, the local
officer must publicly state the nature of his or her intcrest in the matter from which
he is abstaining. Within 15 days of the vote, the officer must disclose the nature of
his or hcr interest in a memorandum filed with the person responsible for recording
the minutes of the mceting who shall incorporate the memorandum in the minutes.
Section 112.3143(3)(a), FS.
State public officers, however, are not required to abstain from voting because of
a conflict of interest. Section 112.3143(2), FS. But See s. 120.665(1), FS., applicable
to agencies subject to Ch. 120, FS., the i\dministrative Procedure Act, stating that
"[nJotwithstanding the provisions of s. 112.3143, any individual serving alone or \\~th
others as an agency head may be disqualified from serving in an agency proceeding for
bias, prejudice, or interest when any parry to the agency proceeding shows just cause by
a suggestion filed within a reasonable period of time prior to the agency proceeding."
If the state officcr votes, however, on a matter which would inure to his or her
special private gain or loss, or to the special [!;ain or loss of any principal or parent
organization or subsidiary of a corporate prinCIpal by which the officer is retained, or to
thc special private gain or loss of a relative or business associate, the officer is required
to disclose the nature of his or her interest in a memorandum. The mcmorandum must
be filed within 15 days after the vote with the person responsible for rccording the
minutes of the meeting who shall incorporate the memorandum in the minutes. See s.
112.3143(2), FS.
Although a member of a state board or commission is authorized to abstain from
voting on a question in which hc or she is personally interested, the member is not
disqualified from voting; the member may, therefore, be counted for purposes of
computing a quorum for a vote on that question. Once a quorum is present, a majority
of those members actually votin[!; is sufficient to decide thc question. AGO 75-244.
When a member of a local board is required to abstain pursuant to s. 112.3143(3),
I".S., the local board member is disqualified from votin[!; and may not be counted for
purposes of determinin[!; a quorum. AC()s 86-(,1 and 85-40.
Questions as to what constitutes a conflIct of interest under the above statutes
should be referred to thc Florida Commission on Ethics.
8. Is a roll call vote required?
While s. 286.012, F.S., requires that each mcmber present cast a vote either for or
against the proposal under considcration by the public board or commission, it is not
necessary that a roll call vote of the members present and voting be taken so that each
member's specific vote on each subject is recorded. The intent of the statute is that
all members present cast a vote and that the minutcs so reflect that by either recording
a vote or counting a votc for each member. Ruff v. School Board of Collrer County, 426
So. 2d 1015 (Fla. 2d DC\ 1983) (roll call vote so as to record the individual vote of
cach such member is not necessary). Cf s. 20.052(5)(c), FS., requiring that minutes,
58
GOVERNMENT- IN-THE-SUNSHINE-MAN UAL
including a record of all votes cast, be maintained for all meetings of an advisory body,
commission, board of trustees, or other collegial body adjunct to an cxecutive agency.
9, Must written minutes be kept of all sunshine meetings?
Section 286.011, FS., spccifically requires that minutes of a meeting of a public
board or commission be promptly recorded and opcn to public inspcction. While tape
rccorders may also be used to record the proceedings before a public body, writtcn
minutes of the meeting must be taken and promptly recorded. ACO 75-45. The
minutes required to be kept for "workshop" meetings are not different than those
required for any other mecting of a public board or commission. AGO 74-62.
Draft minutes of a board meeting may bc circulated to individual board members
for corrections and studying prior to approval by the board, so long as any changes,
corrections, or deletions arc discussed and adopted during the public meeting when the
board adopts the minutcs. AGOs 02-51 and 74-294. The minutes are public records
when the person responsible for preparing the minutes has performed his or her duty
even though they have not yet bcen sent to the board members or officially approved
by the board. :\CO 91-2(,.
Section 28(,.011, I\S., does not specify who is responsible for taking the minutes of
public meetings. This appears to be a proccdural matter which the individual boards or
commissions must resolve. Inf. Op. to Baldwin, December 5, 1990.
10. In addition to minutes, does the Sunshine Law also require that
meetings be transcribed or tape recorded?
The Attorney Ceneral's Office has concludcd that the minutes of Sunshine Law
meetings nced not be verbatim transcripts of the meetings; rather the use of the term
"minutes" in s. 28(,.011, FS" contemplates a brief summary or serics of brief notes or
memoranda reflecting the events of the mceting. ACO 82-47. And See State v. Adams,
No. 91-175-CC (Fla. Sumter Co. Ct. July 15, 1992) (no violation of Sunshinc Law
where minutes failed to reflect brief discussion concerning a proposed inspection trip).
However, an agency is not prohibited from using a written transcript of thc meeting as
the minutes, if it chooses to do so. Inf. 01" to Fuhv;der,June 14, 1993.
The Sunshine Law docs not require that public boards and commissions tape
record their meetings. AGO 8(,-21. However, once made, such recordings are public
records and their retention is governed by schedules established by the Division of
Library and Information Services of the Department of State in accordance with s.
257.36(6), FS. !d. Accord ;\CO 8(,93 (tape recordings of school board meetings subject
10 Public Records Act even though written minutes are required to be preparcd and
made available to the public). And See ;\GO 04-15 (tapc recordings of staff meetings
made at thc request of the exccutive director by a sccretary for use in prcparing minutcs
of the mecting are public records).
G. WHAT ARE THE STATUTORY EXCEPTIONS TO THE LAW?
1. Sunshine Law to be liberally construed while exceptions to the law to be
59
GOVERNMENT- IN- THE-SUN SHINE- MANUAL
narrowly construed
1\S a statute enacted for the public benefit, the Sunshine Law should be liberally
construed to give effect to its public purpose while exemptions should be narrowly
construed. See Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693
(Fla. 1969).
The courts have recognized that the Sunshine Law should be construed so as to
frustrate all evasive devices. City of Miami Beach v. Berns, 245 So. 2d 38 (Fla. 1971);
Blackford v. School Board of Orange County, 375 So. 2d 578 (Fla. 5th DCA 1979); Wolfion
v. State, 344 So. 2d 611 (Fla. 2d DCA 1977). As the Florida Supreme Court stated
in Canney v, Board of Public Instruction of Alachua County, 278 So. 2d 260, 264 (Fla.
1973):
Various boards and agencies have obviously attempted to read exceptions
into the Government in thc Sunshine Law which do not exist. Even
though their intentions may be sincerc, such boards and agencies should
not be allowed to CIrcumvent the plain provisions of the statute. The
benefit to the public far outweighs the inconvenience of the board or
agency. If the board or agency fecls aggrieved, then the remedy lies in
the halls of the Legislature and not in efforts to circumvent the plain
provisions of the statute by devious ways in the hope that the judiciary
will read some exception into the law.
If a board member is unable to determine whether a meeting is subject to the
Sunshine Law, he or she should either leave thc meeting or ensure that the meeting
complies with the Sunshine Law. See City of Miami Beach v. Berns, supra at 41; Town of
Palm Beach v. Gradison, 296 So. 2d 473, 477 (Fla. 1974) ("The principle to be followed
is \'ery simple: When in doubt, the members of any board, a[!;ency, authority or
commission should follow the open-meeting policy of the State.").
2. Creation and review of exemptions
Article I, s. 24(b), Fla. Const., requires that all meetings of a collegial public body
of the executive branch of state government or of local government, at which official
acts are to be taken or at which thc public business of such body is to be transacted or
discussed, be open and noticed to thc public. ,\lllaws in effcct on Julv 1, 1993, that
limit access to meetings remain in force until they are repealed. ;\rticle I, s. 24(d), Fla.
Const.
The Legislature is authorized to provide by gcnerallaw passed by t\vo-thirds vote
of each house for the exemption of meetings, provided such law states with specificity
the public neccssity justifying the exemption and is no broader than necessary
to accomplish thc stated purpose of the law. Articlc I, s. 24(c), Fla. Const. See s.
119.011 (8), FS., defining the term "exemption" to include a provision of general law
which provides that a "specified . . . meeting, or portion thereof, is not subject to
the access requirements" in s. 286.oJ 1, FS., or Art. I, s. 24. And See Halifax Hospital
Medical Center v. News-Journal Corporation, 724 So. 2d 567 (Fla. 1999), finding an open
meetings exemption for certain hospital board meetings to bc unconstitutional because
the law did not meet the constitutional standard of specificity as to stated publicb
60
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
necessity and limited breadth to accomplish that purpose. Compare Baker County
Press, Inc. v. Baker County Medical Services, Inc, , 870 So. 2d 189, 195 (Fla. 1st DCA
2004), upholding a more recent public meetings exemption because "the constitutional
concerns expressed by the Florida Supreme Court in Halifax" were met due to a
more specific lc[!;isIative justification accompanied by adequate findin[!;s to support the
breadth of the exemption.
Section 119.15, FS., the Open Government Sunset Review Act, provides for
Ie[!;islative review of exemptions from the open government laws. Pursuant to the
Act, in the fifth year after enactment of a new exemption or expansion of an existing
exemption, the exemption shall be repealed on October 2 of the fifth year, unless
the Le[!;islature acts to recnact the exemption. Section 119.15(3), FS. The two-thirds
vote requirement for enactment of exemptions sct forth in j\rt. I, s. 24(c), Fla. Const.,
applies to re-adoption of excmptions as well as initial creation of exemptions. AGO
03-18.
3. Statutory exemptions
There are a number of exemptions to the Government in the Sunshine Law. This
section, although by no means comprehensive, summarizes some of the more significant
exemptions which have formed the basis of inquiries to the Attorney General's Office
by governmental agencies and the public, or which have been the subject of recent
Attorney General Opinions or court decisions. For a more complete listing, please see
Appendix D and the Indcx.
a. Abuse meetings
Portions of mectings of the State Child ;\buse Death Review Committee or
local committees at which information made confidcntial by s. 383.412(1) is discussed
are exempt from open meetings requirements. Section 383.412(2), FS. Portions
of mectings of domestic violence fatality review teams regarding domestic violence
fatalities and their prevention, during which confidential or exempt information, the
identity of the victim, or the identity of the victim's children is discussed, are exempt
from s. 286.011, FS. Section 741.3165(2), FS.
Portions of meetings of the state\v~de or local advocacy councils which relate to
the identity of clients, which relate to the identity of individuals providing information
about abuse or alleged violation of rights, or where testimony is provided relating
to records othenvise made confidential by law arc not subject to open meetings
requirements. Sections 402.165(8)(c) and 402. 166(8)(c), FS See ,\CO 06-34 (mcmbers
of local advocacy council, who are attending a closed session of the state\V~dc advocacy
council during the discussion of one of the local council's cases, may not remain in the
closed session when the statewide advocacy council is considerin[!; cases from other
advocacy councils which arc unrelated to the local advocacy council's cases).
b. Collective bargaining strategy sessions
For more information on this topic, plcase refcr to the discussion in s. D.4.a.,
supra.
61
GOVERNMENT-IN-THE -SUNSHINE- MANUAL
c. Economic development meetings
Although s. 288.075(2), FS., allows a private corporation to request
confidentiality for certain records relating to its plans to locate or relocate in Florida,
this exemption "applies only to records and does not constitute an exemption from
the provisions of the Government in the Sunshinc Law. . .." i\GO 04-19. Accord
AGO 80-78. Compare s. 288.9551(3), FS. (Scripps Florida Funding Corporation); s.
288.982(2), FS. (Governor's Advisory Council on Basc Realignment and Closure); and
s. 331.326, FS. (Space Florida), providing limited exemptions from the Sunshine Law
for certain discussions of confidential records. Cf s. 286.01 13(2), FS., providing an
exemption from the Sunshine I,aw for a mectin[!; at which a negotiation 'W1th a vcndor
is conducted pursuant to s. 287.057(3), I",S" and provldin[!; that a completc recordin[!;
must be made of anv exempt meeting.
d. Education meetings
Student expulsion hearin[!;s are exempt from the Sunshine Law although the
student's parent must be given notice of the provisions of s. 286.011, FS., and may
elect to have the hearing held in compliance with that section. Section 1006.07(1)(a),
FS. See AGO 93-03.
Hearings on an exceptional student's placement or denial of placement in a special
education program are exempt from s. 286.011, FS., except to the extent that the State
Board of Education adopts rules establishin[!; other procedures. Section 1003.57(1)
(b),1'S.
,'vleetings of the Florida Tcchnology, Research, and Scholarship Board at which
information made confidential by s. 1004.226, FS., is discussed is exempt from s.
286.011, 1'S., and Art. 1, s. 24(b), Fla. Const. Scction 1004.226(8)(b)1., FS.
e. Hearings involving minors
Dependency adjudicatory hearings are open except on special order of the judge,
who may close any hearing to thc public upon determining that the public interest or
the welfare of the child is best served by so doing. Section 39.507(2), 1'S. And See
Mayer v. State, 523 So. 2d 1171 (Fla. 2d DC\), review dismissed, 529 So. 2d 694 (Fla.
1988) (formcr version of this statute which required all such hearings to be closed did
not violate Jiirst Amendment freedom of press rights). Hearings for the appointmcnt
of a guardian advocate are confidential and closed to the public. Section 39.827(4),
FS.
All hearings involving termination of parental rights are confidential. Section
39.809(4), FS. See Natural Parents of IE. v. FloridA Department of Children and Family
Services, 780 So. 2d 6 (Fla. 20(1), upholding the constitutionality of the statute. And
See If. v. Department of Children and Families, 922 So 2d 405 (Fla. 4th DC\ 2(06)
(Sunshine Law does not apply to Department of Children and Families permanency
staffing meetings conductcd to determine whether to file petition to terminate parcntal
rights). Cf Stanfield v. florida Department of Children and Families, 698 So. 2d 321 (Fla.
3d DCA 1997) (trial court not authorized to Issue a "ga[!;" order prevcntin[!; a woman
from discussing a termination of parental rights case because "[tJhe court cannot
62
GOVERNMENT-IN-THE-SUNSHINE- MAN UAL
prohibit citizens from exercising their hrst Amendmcnt right to publicly discuss
knowledge that they have gained independent of court documents even though the
information may mirror the information contained in court documents").
Hearings held under the lilorida Adoption Act are closed. Section 63.162(1), FS.
See In re Adoption of H. Y.T, 458 So. 2d 1127 (Fla. 1984) (statute providing that all
adoption hearings shall be held in closed court is not unconstitutional).
Except as provided in s. 918,16(2), the Judge shall clear the courtroom, except for
listed individuals, in a criminal or civil trial whcn any person under 16 years of agc or
any person with mental retardation is tcstifying concerning any sex offense. Section
918.16(1), FS. When the victim of a sex offense is testifying concerning that offense,
the court shall clear the courtroom, except for listed individuals, upon request of the
victim, regardless of the victim's age or mental capacity. Section 918.16(2), FS. Cf
Pritchett v, State, 566 So. 2d 6 (Fla. 2d DCA), review dismissed, 570 So. 2d 1306 (Fla.
1990) (where a trial court failed to make any findings to justify closure, application of s.
918.16, FS., to the trial of a defendant char[!;ed with capital sexual battery violates the
defendant's constitutional right to a public trial). Accord-Kovaleski v. State, 854 So. 2d
282 (l'Ia. 4th DCi\ 20(3), cause dismissed, 860 So. 2d 978 (l'!a. 20(3).
All hearings conductcd in accordance with a petition for a waiver of thc notice
requirements pertaining to a minor seekin[!; to tcrminate her pregnancy, shall remain
confidential and closed to the pubbc, as provided by court rule. Section 390.01114(4)
(c), FS.
f. Hearings to obtain HIV test results
While the test results for human immunodeficiency virus infection are confidential
and may be releascd only as prcscribed by statutc, a person may be allowed access to
the results by court order if he or she demonstrates a compelling need for the results
which cannot be accommodated by other means. The court proceedings in these cases
are to be conducted in camera unless the person tested agrees to a hearing in open court
or the court determines that a public hearing is necessary to the public interest and the
proper administration of justice. Section 38J.(J04(3)(e)9., FS.
g. Hospitals
(1) Public hospitals and health facilities
The meetings of peer review panels, committees and governing bodies of hospitals
or ambulatory surgical centers licensed in accordance with Ch. 395, FS., which relate to
disciplinary actions and are held to achieve the objectives of such panels, committees,
or governing boards, arc excmpt from s. 286.011, FS. Section 395.0193(7), FS. The
meetings of the committees and governing board of a licensed facility held solely for
the purpose of achievin[!; the objectives of risk management are not open to thc public.
Section 395.0197(14), FS. See AGO 92-29, statin[!; that to the extent a meeting of
the board of directors and the medical staff's quality assurance committee deals with
carrying out cited risk management statutes, the mectin[!; is exempt from the open
meeting requirements of s. 286.011, FS.
63
GOVERNMENT- IN- THE-S UNSHINE -MANUAL
Similar exemptions for portions of meetings which relate solely to patient care
quality assurance are found in ss. 381.0055(3) (Department of Health and local health
a[!;encies); 394.907(7) (community mental health centers); and 395.51(3), FS. (trauma
agencies). And See ss. 400.119(2)(a) (long-term care facilities); 401.425(5) (cmergency
medical services); 766.101 (7) (c) (medical review committee proceedings); and
945.6032(3), FS. (medical review committee created by Correctional Medical Authority
or Department of Corrections).
Thosc portions of a mecting of a public hospital's governing board at which
negotiations for contracts ",;th nongovernmental entitics occur or arc reportcd on
when such negotiations concern services that are or are reasonably expected to be
providcd by the hospital's competitors are exempt from public mectings rcquirements,
Section 395.3035(.3), FS. C;overning board mcetings at which the board is schcduled
to vote on contracts, except managed care contracts, are open. Id. In addition, those
portions of meetings at which ccrtain written strategic plans are considered are exempt
from open meetings requirements. Section 395.3035(4), F.S. However, a hospital
may not approve a binding agreement to implement a strategic plan at any closed
meeting. Section 395.3035(8), FS. The Attorney C;eneral's Office has suggested that
the [!;overning body strictly limit attendancc at meetings closed pursuant to s. 395.3035,
FS., to only those individuals who are essential to the purpose of the meeting in order
to avoid what the courts might consider to be a disclosure to the public. AGO 07-28.
While the board is not required to give notice of thc closed meeting to discuss the
hospital's strategic plan, before such a plan may be implementcd it must be discussed at
a public meeting noticed in accordance with section 286.011 and, if the strategic plan
involves a substantial reduction in rhc level of medical services provided to the public,
such notice must be given at lcast 30 days prior to the meeting at which the governing
board considers the decision to implement the strategic plan. Id.
That portion of a public meeting which would reveal information contained
111 a comprehensive emergency managcment plan that addresses the response of a
hospital to an act of terrorism is exempt from open meetings requirements. Section
395.1056(4),I':s.
Any portion of the meeting of thc governing board, peer review panel, or
committee meetin[!; of a university health services support organization during which
a confidential and exempt contract, document, record, marketing plan, or trade
secret is discussed is exempt from s, 286.011, F.S. Section 1004.30(3), F.S. And See
s. 409.91196(2), FS. (that portion of a meeting of the Medicaid Pharmaceutical and
Therapeutics Committee at which the rebate amount, percent of rebate, manufacturer's
pricing, or supplemental rebate, or other trade secrets that the Agency for Hcalth Care
;\dministration has identified for use in negotiations, are discussed is exempt from
open mectings require men ts).
That portion of a long term care ombudsman council meeting in which the
council discusscs information that is confidential and exempt from s. 119.07(1), FS.,
is closcd to the public. Section 400.0077(2), FS. And See s. 641.68, FS. (mana[!;ed care
ombudsman committcc).
(2) Private or nonprofit corporations operating public health facilities
64
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
Section 395.3036, FS., provides that mectings of thc govcrning board of a
privatc corporation that leascs a public hospital or health care facility are cxempt from
opcn mectings requircmcnts when thc public lessor complies with the public finance
accountability provisions of s. 155.40(5), FS., with respect to the transfer of any public
funds to the private lesscc and when the private lessee mects at least three of the five
criteria set forth in the excmption. See Indian River County Hospital District v. Indian
River Memorial Hospital Inc., 766 So. 2d 233 (Fla. 4th DCA 20(0). See also Baker
County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189 (Fla. 1 st DCA
2004) (exemption is constitutional). Cf Memorial Hospital- \.Vest Volusia, Inc, v. News-
Journal Corporation, 927 So. 2d 961 (Fla. 5th DCA 2006) (privatc corporation that
purchased hospital from public hospital authority is not subjcct to opcn governmcnt
requircments). And See s. 155.40(8), FS., dcscribing and construing thc term "complete
salc" as applied to the purchase of a public hospital by a private entity.
ivleetings of thc governing body of the not-for-profit corporation operating
the H. Lce Moffitt Cancer Center and Rescarch Institute, or its subsidiaries, are also
cxempt except that meetings at which expenditures of dollars appropriated to the
corporation by the state are discussed must remain open to thc public, unless made
confidential or exempt by law Section 1004.43(9), FS. And See s. 1004.4472(4), FS.
(portions of meetings of the Florida Institute for Human and Machine Co[!;nition,
Inc., or its subsidiary at which confidcntial and exempt information is presented may
be closed). Cf :\CO 07-27 (local hcalth councils, which may be public or private
nonprofit corporations, whose duties arc prescribed by s. 408.033, FS., and who
provide an integral role in the decision-making process of the Agency for Health Care
Administration in providing for the coordinated planning of health care services within
the state, are subject to s. 286.011, FS.).
h. Insurance meetings
Proceedings and hearings relating to the actions of the Office of Insurancc
Regulation regarding an insurcr's risk-bascd capital plan or report are excmpt from s.
286.011, FS., except as otherwise providcd in the section. Section 624.40851(2), FS.
Portions of meetings of the Citizens Property Insurance Corporation and of the Florida
l\utomobile Joint Underwriting Association wherc confidential underwriting files or
confidential open claims files are discussed are closed to the public. Sections 627.351 (6)
(x)4. and 627.311 (4) (b), FS. Meetings of the subscriber assistance panel arc open to
thc public unlcss the provider or subscribcr whose gricvance will be heard requests a
closed meeting or the Agency for Health Care j\dministration or the Department of
Financial Serviccs determincs that information relating to subscriber medical history or
to internal risk management programs may be revealed, in which case that portion of
thc mcetin[!; is exempt from the Sunshine Law Section 408.7056(14)(b), FS.
That portion of a meeting of the Florida Commission on Hurricane Loss
Projection Methodology or of a ratc procecding on an insurer's rate filing at which
a confidential trade secret is discussed is cxempt from opcn meetings requirements.
Secrion 627.0628(3)(f)2., FS.
Discussions involving officials of the Dcpartment of Financial Services and
an insurance company rc1ating to investigation of fraudulent insurance claims are
confidential and exempt from s. 286'()11, FS. Section 633.175(5), FS. And See ss.
65
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
631. 724 (certain negotiations or meetings of the Florida Life and Hcalth Insurance
Guaranty Association); 631.932 (negotiations between an insurer and the Florida
Workers' Compensation Insurance Guaranty Association); and 440.3851 (3), FS.
(portions of meetings of board of dircctors of Florida Self-Insurers Guaranty
j\ssociation, Incorporated, at which confidential records are discussed).
Meetings held by the board of governors of the Florida Workers' Compensation
Joint Underwriting Association, Inc., or any subcommittee of the association's board, to
discuss rccords made confidential by s. 627.3121, FS., are exempt. Section 627.3121 (4),
FS.
i. Investigative meetings
For more information on this topic, please refer to thc discussion in D.2.a., supra.
j. Litigation meetings
For more information on this topic, please refer to the discussion in D.3., supra.
k. Security and criminal justice meetings
Meetings relating to the security systems for any property owned by or leased
to the state or any of its political subdivisions or for any privately owned or leased
property which is in the hands of an agency are exempt from s. 286.011, F.S. Section
281.301, FS. This statute exempts meetings of a board when the board discusses
issues relating to the security systems for any property owned or leased by the board
or for any privately owncd or leased property which is in the possession of the board.
The statute docs not merely close such meetings; it exempts the meetings from the
requircments of s. 286.011, FS., such as notice. :\GO 938(,. And See s. 286.0113(1),
FS., stating that the portion of a meeting that would reveal a security system plan or
portion thereof made confidential and exempt by s. 119.071 (3)(a), U.S. (providing an
exemption from the Public Records ;\ct for a "security system plan") is exempt from
open mcctings requirements.
The Florida Violent Crime and Drug Control Council may close portions of
meetings during which the council will hear or discuss active criminal invcstigative
information or active criminal intelligence information, provided that specified
conditions are met as set forth in the exemption. Section 943.031 (7) (c), FS. And See s.
943.0314, FS. (Domestic Security Oversight Council).
I. Licensure Examinations
There are a scveral exemptions for meetings at which licensure examination
questions and answers are discussed. See e.g., ss, 456.017(4), FS. (board within
Department of Hcalth), 455.217(5), FS. (boards within Department of Business and
Professional Regulation); 497.172(1), F.S. (Board of Funeral, Cemetery, and Consumer
Services within the Deparrment of Financial Services); 472.0131 (5), ES. (Board of
Professional Surveyors and Mappers within Departmcnt of Agriculture and Consumer
66
GOVERNMENT-IN- THE -SUNSH INE- MANUAL
Services).
4. Special act exemptions
Prior to July 1, 1993, exemptions from the Sunshine Law could be created by
special act. For example, a special act giving a teacher the optio.n of an open o.r clo.sed
hearing during a disciplinary proceedin[!; was held by the Florida Supreme Court to
constitute a valid legislative exception to s. 286.011, FS. Tribune Company v. Schoo!
Board of Hi!/sborough County, 367 So. 2d 627 (Fla, 1979).
Article I, s. 24, Fla. Const., ho.wever, no.w limits the Legislature's ability to enact
an exemption from the constitutional right of access to open meetings established
thereunder. While exemptions in effect onJuly 1, 1993, remain in force until repealed,
the Constitution requires that exemptions CI1acted after that date must be by general
law. Such law must state \\~th specificity the public necessity for the exemption and be
no broader than necessary to. accomplish that stated purpose.
H. WHAT ARE THE CONSEQUENCES IF A PUBLIC BOARD OR
COMMISSION FAILS TO COMPLY WITH THE SUNSHINE LAW?
1. Criminal penalties
i\ny member of a board or commission or of any state agency or authority of
a county, municipal corporation, or political subdivision who knowingly violates the
Sunshine Law is guilty of a misdemeanor of thc sccond degrec. Section 286.011 (3) (b),
FS. A person convicted of a second degree misdemeanor may be sentenccd to a term
of imprisonment not to exceed 60 days and/or fined up to $500. Sections 77 5.082(4)
(b) and 775.083(1)(e), FS. Cf Wolfion v. State, 344 So. 2d 611 (Fla. 2d DC\ 1977)
(indictment chargin[!; that defendant, while serving as an elected city commissioner, met
with other commissioners at a nonpublic meeting was sufficient to allegc a violation
of s. 286.011, FS., even though it did not aUege defendant attended such meetings as
a member of the commission). The criminal penalties apply to members of advisory
councils subject to the Sunshine Law as well as to members of elected or appointed
boards. AGO 01-84 (school advisory council members).
Conduct which occurs outside the state which constitutes a knowing violation of
the Sunshine Law is a second degree misdemeanor. Sectio.n 286.011(3)(c), ES. Such
violatio.ns arc prosccuted in the county in which the board or commission normally
conducts its official business. Section 910.16, FS.
2. Removal from office
When a method for rcmoval from office is not otherwise provided by the
Constitution or by law, the Govcrnor may suspend an elected or appointed public
officer who is indicted o.r informed against for any misdemeanor arising directly out
of his or her official duties. Section 112.52(1), FS. If convicted, the officer may be
removed from office by executive order of the Governor. Section 112.52(3), FS. A
person who pleads guilty or nolo contenderc or who is found guilty is, for purposes
of s. 112.52, ES" deemed to have been convicted, notwithstanding the suspension of
sentence or the withholding of adjudication. Id. Cf s. 112.51, FS., and Art. IV, s. 7,
67
GOVERNMENT-IN- THE-S UNSH1NE- MANUAL
Ha. Const.
3. Noncriminal infractions
Section 286,011 (3) (a), ES., imposes noncriminal penalties for violations of the
Sunshine Law by providing that any public officer violating the provisions of the Sunshine
Law is guilty of a noncriminal infraction, punishable by a fine not exceeding $500. The
state attorney may pursue such actions on behalf of the statc. State v. roster, 12 FL.W
Supp. 1194a (Fla. Broward Co. Ct. September 2(" 20(5). Accord ACO 91.38. Cf State v.
roster, 13 1.:L.W Supp. 385a (I'la. 17th Cir. C1. January 25, 2(06) (no ri[!;ht to jury trial is
triggered when an individual faces a noncriminal violation of the SunshIne Law).
If a nonprofit corporation is subject to thc Sunshine Law, its board of directors
constitute "public officers" for purposes of s. 286.011 (3)(a), FS. ACO 98-21. See
Goosby v. State, Case No. GF05-(001122-001130,OOl135)-BA (Fla. 10th Cir. Ct.
December 22, 20(6), cert. denied, Case '-Jo. 2D07-281 (Fla. 2d DCi\ May 25, 2(07), in
which the circuit court held that members of the Polk County Opportunity Council
were "public officers" for purposes of the Sunshine Law and subject to the imposition
of the noncriminal infraction fine. Council members had argued that "public officers"
were limited to those individuals excrcising the sovereign powers of the state and the
council, which had a contract with the Department of Community Affairs ro distribute
monies, was an indcpcndent contractor. The court rejected that argument, stating that
the council "assumed and cxercised a delegated governmental function making the
board members 'public officers' subject to the Sunshine Law."
4. Attorney's fees
Reasonable attorney's fees will bc assessed against a board or commission found
to have violated the Sunshine Law. Section 286.011(4), ES. See Indian River County
Hospital District v. Indian River Memorial Hospital. Inc., 766 So. 2d 233, 235 (l'la. 4th
DC\ 20(0), concluding that the trial court erred by failing to assess attorney's fees
against a nonprofit hospital corporation found to have violated the Sunshine La\\!. The
appellate court said that even though it could "appreciate the trial court's sentiment
thar the 'fairest resolution' is for each party to bear its own attorney's fees because both
parties are public entities, section 286.011 [4] requires attorney's fces to be assessed
against [the corporation]."
Section 286.011(4), FS., however, does not constitute authorization for the trial
court to award appellate attorney's fees in a case where a person alleges a Sunshine
Law violation, loses at the mal court level but then prevails on appcal. School Board
of Alachua County v. Rhea, 6(,1 So. 2d 331 (Fla. 1 st DCA 1995), review denied, 670 So.
2d 939 (Fla. 1996). This statute "docs not superscde the appellate rules, nor does it
authorize the trial court to make an initial award of appellate attorncy's fees." Id. at 332.
Thus, a person prevailing on appeal must file an appropriate motion in the appellate
court in order ro receive appellate attorney's fees.
If a board appeals an order finding the board in violation of the Sunshinc Law,
and the order is affirmcd, "the court shall assess a reasonable attorney's fee for the
appeal" against the board. Section 286.011 (5), ES.
68
GOVERN MENT-IN- THE -SUNSHIN E- MANUAL
A ttorney's fees may be assessed a[!;ainst the individual members of the board
except in those cases where the board sought, and took, the advice of its attorney,
such fees may not be assesscd against the individual mcmbers of the board. Section
286.011 (4) and (5), FS.
If a member of a board or commission is charged with a violation of s. 286.011,
FS., and is subsequently acquitted, the board or commission is authorized to reimburse
that membcr for any portion of his or her reasonablc attorney's fees. Section
286.011 (7), I':s. This subsection does not authorizc the reimbursement of attorney's
fees incurred during an investigation of allcged sunshine violations when no for~aI
charges were filed, although common law principles may permit such reimbursement,
provided the agency has made a specific finding that the member's actions arose from
the performance of his or her official duties and that such actions served a public
purpose. ,\C;O 86-35.
Rcasonable attorney's fees may be assessed against thc individual filin[!; an action
to enforce the provisions of s. 286.011, FS., if the court finds that it was filed in bad
faith or was frivolous. Scction 286.011(4), FS. The fact that a plaintiff may be unable
to prove that a secret meeting took place, however, does not necessarily mean that
attorney's fees will be assessed.
For example, in Bland v. Jackson County, 514 So. 2d 1115, 111(, (Fla. 1st DCA
1987), the court reversed an award for attorney's fees for maintaining a frivolous action,
holding that a justiciable issue had been presented as to whether thcre was a privately
agreed upon result reached in a nonpublic mceting. Although the plaintiff was unable
to prove such a meeting took place, the evidence showcd that the county commission
unanimously voted on the issue in an open public meeting without identifyin[!; what
they were votin[!; on and without any discussion: "Under thcse circumstanccs one
of several inferences reasonablc people might draw could be that the Commissioners
had no need to discuss the action being taken becausc they had alrcady discusscd and
decided the issue before the public meeting."
5. Civil actions for injunctive or declaratory relief
Section 286.011 (2), FS., states that thc circuit courts have jurisdiction to issue
injunctions upon application by any citizen of this state. The burden of prevailing
in such actions has been significantly eased by the judiciary in sunshine cases. While
normally irreparable injury must be proved by the plaintiff before an injunction may
be issued, in Sunshine Law cases the mere showing that the law has been violated
constitutes "irreparable public 1I1jury." 7awn of Palm Beach v. Gradison, 296 So. 2d 473
(I'la. 1974); and 'f1mes Publishing Company v. Williams, 222 So. 2d 470 (Fla 2d DC\
1969), disapproved in part on other grounds, /lieu v. Miami Herald Publishing Company,
462 So. 2d 821 (I'la. 1985). The plaintiff's burden is to "establish by the greater weight
of the evidence" that a mceting which should have been held in the sunshine took placc
on thc datc alleged. Lyon v, Lake County, 765 So. 2d 785, 789 Wla. 5th DC\ 2(00).
In order to state a cause of action for injunctive relief, a complaint must alIcge
by name or sufficient description the identity of the public official with whom the
defendant public official has violated the Sunshine Law. Deerfield Beach Publishing,
Inc. v. Robb, 530 So. 2d 510 (Fla. 4th DC\ 1988). And See Forehand v. School Board of
69
GOVERNMENT-IN- THE-S UNSHINE -MANUAL
Gulf County, Florida, 600 So. 2d 1187 (Fla. 1 st Del, 1992) (court rejected plaintiff's
argument that she was denied a fair and impartial hearing because thc board only briefly
deliberatcd in public before a vote was taken, stating that there was no evidence that
the board had privately deliberated on this issue); and Law and InfOrmation Services v.
City of Riviera Beach, 670 So. 2d 1014 (liIa. 4th DCA 199(,) (patent speculation, absent
any allegation that a nonpublic mecting in fact occurred, is insufficient to state a cause
of action).
Future violations may be enjoined by the court where one violation has been
found and it appears that the future violation will bear some rcsemblance to the past
violation or that the danger of future violations can be anticipated from the course
of conduct in the past. Board of Public Instruction of Broward County v. Doran, 224
So. 2d 693 (l~'la. 19(9). See Wood v, Marston, 442 So. 2d 934 (l'la. 1983) (trial court's
permanent injunction affirmed). Compare Leach- Wells v. City of Bradenton, 734 So. 2d
1168, 1170n.l (Fla. 2d Del, 1999), in which the court noted that had a citizen appealed
the trial court's denial of her motion for temporary injunction based on a selection
committee's alleged violation of the Sunshine] ,aw, the appellate court "would have had
the opportunity to review this matter before the project was completed and to direct
that the City be enjoined from entering into a final contract \vith the developer until
after such time as the ranking of the proposals could be accomplished in compliance
,,~th the Sunshine l,aw."
Although a court cannot issue a blanket order enjoining any violation of the
Sunshine Law on a showing that it was violatcd in particular respects, a court may
enjoin a future violation that bears some resemblance to the past violation. Port
Everglades Authority v. International Longshoremen's Association, Local 1922-1, 652 So.
2d 1169, 1173 (!'Ia. 4th DCA 1995). The future conduct must be "specified, with such
reasonable definiteness and certainty that the defendant could readily know what it
must rcfrain from doing without speculation and conjecture." Id, quoting from Board
of Public Instruction v. Doran, supra at 699.
Declaratory rclief is not appropriate where no prescnt dispute exists but where
governmental agencies merely seck judicial advice different from that advanced by the
Attorney Genera] and the state attorney, or an injunctive restraint on the prosecutorial
discrction of the state attorney. Askew v. City ofOcala, 348 So. 2d 308 (Fla. 1977).
6. Validity of action taken in violation of the Snnshine Law and subsequent
corrective action
Section 286.011, FS., provides that no resolution, rule, regulation or formal action
shall be considered binding except as taken or made at an open meeting.
Recognizing that the Sunshine Law should be construed so as to frustrate all
evasive devices the courts have held that action taken in violation of the law is void ab
,
initio. Town of Palm Beach v. Gradison, 296 So. 2d 473 (I'la. 1974); Blackford v. School
Board of Orange County, 375 So. 2d 578 (Fla. 5th DCA 1979) (resolutions made during
meetings held in violation of s. 286.011, FS., had to be re-examined and re-discussed
in open public meetin[!;s); Silver Express Company v. District Board of Lower Tribunal
Trustees, 691 So. 2d 1i199 (I'la.)d Del, 1997) (a[!;cncy enjoined from cnterin[!; into a
70
GOVERNMENT- IN-THE-SUNSHINE- MAN UAL
contract based on a ranking establishcd by a selection committee that did not mcet in
accordance with the Sunshine Law); and TSI Southeast, Inc, v. Royals, 588 So. 2d 309
(Fla. 1st DC\ 1991) (contract for sale and purchase of real property voided because
board failed to properly notice the meeting under s. 286,011, FS.).
A violation of thc Sunshine Law need not be "clandestine" in order for a contract
to be invalidated, because "the principle that a Sunshine Law violation renders void
a resulting official action does not depend upon a finding of intent to violate the
law or resulting prejudice." Port Everglades Authority v. International Longshoremens
Association, Local 1922-1, 652 So. 2d 1169, 1171 (Fla. 4th DCA 1995). ButSee Kiflearn
Properties, Inc. v. City of7allahassee 366 So. 2d 172 (Fla. 1 st DCl, 1979), cat. denied, 378
So. 2d 343 (lila. 1979) (city which had received bcnefits under contract was estopped
from claiming contract invalid as having becn entered into in violation of the Sunshine
Law).
Where, however, a public board or commission does not merely perfunctorily
ratify or ceremoniously acccpt at a latcr open meeting thosc decisions which were made
at an earlier secret meeting but rather takes "independent final action in the sunshine,"
the decision of the board or commission will not be disturbcd. Tolar v. School Board of
Liberty County, 398 So. 2d 427, 429 (Fla. 1981). Sunshine Law violations "can be cured
by independent, final action complctely in the Sunshine." Bruckner v. City of Dania
Beach, 823 So. 2d 167, 171 (Fla. 4th DCA 2(02). And See Yarbrough v. Young, 462 So.
2d 515 (Fla. 1st DCA 1985); B.M.Z. Corporation v. City of Oakland Park, 415 So. 2d
735 (Fla. 4th DC\ 1982) (where no evidence that any decision was made in private,
subsequent formal action in sunshine was not merely perfunctory ratification of secret
decisions or ceremonial acceptance of secret actions); Finch v, Seminole County School
Board, 995 So. 2d 1068, 1073 (Fla. 5th DCA 2008) (inadvertent Sunshine violation by
school board was cured by subscquent well attended public hearings where rezoning
plan was the subject of cxtensive public comment and debate before being adopted).
Cf Board of County Commissioners of Sarasota County v. Webber, 658 So. 2d 1069 (Fla. 2d
DC\ 1995) (no evidence suggesting that board members met in secret during a recess
to reconsider and deny a variance and then perfunctorily ratified this decision at thc
public hearing held a few minutes later).
Thus, in a case involving thc validity of a lease approved by a board of county
commissioners after an advisory committee held two unnoticcd meetings regarding
the lease, a court held that the Sunshine Law violations were curcd when the board
of county commissioners held open public hearings after the unnoticed meetings, an
effort was made to make available to the public the minutes of the unnoticed meetin[!;s,
the board approved a lease that was markedly different from that recommended by
the advisory committee, and most of the lease negotiations were conducted after the
advisory committee had concluded its work. Monroe County v. Pigeon Key Historical
Park, Inc., 647 So. 2d 857, 860-861 (Fla. 3d DCA 1994). The court also said that the
adoption of the open government constitutional amendment, found at Art. I, s. 24 of
the Florida Constitution, did not overrule the Tolar "standard of remediation." Id. at
861.
It must be emphasized, however, that only a full open hearing will cure the defect;
a violation of the Sunshine Law will not be cured by a perfunctory ratification of the
71
GOVERNMENT -IN- THE-S UNSHINE- MAN UAL
action taken outside of the sunshine. Spitlis Candela & Partners, Inc. v. Centrust Savings
Bank, 535 So. 2d 694 (Fla. 3d DCA 1988). For example, in Zorc v. City ofVero Beach,
722 So. 2d 891, 903 (Fla. 4th DC\ 1998), review denied, 735 So. 2d 1284 (Fla. 1999),
the Fourth District explained why a subsequent city council meeting did not cure the
council's prior violation of the Sunshine Law:
T t is evident from the record that the meet111[!; was not a full reexamination
of the issues, but rather, was merely the perfunctory acceptance of
the City's prior deciSIOn. This was not a full, open public hearing
convened for the purpose of enabling the public to express its views
and participate in the decision-making process. Instead, this was merely
a Council meeting which was then opened to the public for comment at
the City's request. There was no significant discussion of the issues or a
discourse as to the language sought to be included. The City Councilmen
were provided with transcripts of the hearings, but none reviewed the
lan[!;uage previous Iv approved, and the Council subsequently voted to
deny reconsideration of thc wording.
Similarly, a public hearing held by a county commission following an advisory
committee's violation of the Sunshine T ,aw failed to cure the "Sunshine Law problem"
because the county commission did not "review the complctc deliberative process fully
in the sunshine." Florida Keys Aqueduct Authority v, Board of County Commissioners,
Monroe County, Florida, No. CA-K-OO-I170 (!'la. 16th Cir. Ct. May 16, 20()]). "Whcre
thcre are secret or non-public meetings by an advisory board. . . the problem can be
cured, but only by scheduling a new meeting of an appropriate deliberativc body which
will cover the same subject matter previously covered in violation of the Sunshine
Law." ld. And see Gateway Southeast Properties, Inc. v. lown of Medley, 14 FL.W Supp.
20a (Fla. 11 th Cir. Ct. October 24, 2(06) (subsequent public meeting did not cure the
defects of earlier closcd meetin[!; wherc no evidence was presented or considercd at
thc subsequent open meetin[!; and no questions were asked or discussions pursued by
council members).
7. Damages
In Dascott v. Palm Beach County, 988 So. 2d 47 (Fla. 4th DCA 20(8), review denied,
6 So, 3d 51 (Fla. 2009), the court held that an employee who had prevailed in her lawsuit
alleging that her termination violated the Sunshine I ,aw was not cntitled to recover back
pay as an equitable remcdy since thc only remedies provided for in the Sunshinc Law
were a declaration of the wrongful action as void and rcasonablc attorney fees.
72
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
PART II
PUBLIC RECORDS
A. WHAT IS A PUBLIC RECORD WHICH IS OPEN TO INSPECTION
AND COPYING?
1. What materials are public records?
Section 119.011 (12), FS., defines "public records" to include:
all documents, papers, letters, maps, books, tapes, photographs, films, sound
recordings, data processing software, or other material, regardless of the physical
form, characteristics, or mcans of transmission, made or received pursuant to law
or ordinance or 111 connection with the transaction of official business by any
agency.
The Florida Supreme Court has interpreted this definition to encompass all
materials made or received by an agency in connection \vith official busincss which are
used to perpetuate, communicate or formalize knowledge. Shevin v. Byron, Harless,
Schaffer, Reid and Associates, Inc., 379 So. 2d 633, 640 (Fla. 1980). All such materials,
regardless of whether they are in final form, are open for public inspection unless
the Legislature has exempted them from disclosure. Wait v. Florida Power 6- Light
Company, 372 So. 2d 420 (Fla. 1979), The complete text of Ch. 119, FS., the Public
Records Act, is found in Appendix C.
Thc term "public rccord" is not limited to traditional written documents. As the
statutory definition states, "tapes, photographs, films, sound recordings, data processing
softwarc, or other material, rcgardlcss of the physical form, characteristics, or means of
transmission" can all constitute public rccords. Accordingly, "the form of the record
is irrelevant; the material issue is whcther the record is made or received by the public
agency in connection with the transaction of official business." AC() 04-33. And see
National Collegiate Athletic Association v. The Associated Press, Case No. 1D09-4385 (Fla.
1 st DCA filed October 1, 2009) ("public records law is not limited to paper documents
but applies, as well, to documents that exist only in digital form"). Compare Rogers v.
Hood, 906 So. 2d 1220, 1223 (Fla. 1st DC\ 20(5), review denied, 919 So. 2d 436 (Fla.
2(05), in which the court ruled that unused or unvoted punch card ballots from the
:2000 presidential election in 1.'lorida do not constitutc public records because they do
not "perpetuate, communicate, or formalize knowledge." By contrast, a voted ballot
becomes a public record once it is \'oted because at that point, "the voted ballot, as
received by the supervisor of elections in a given counry, has memorialized the act of
voting." Id. Clearly, as technology changes the means by which agencies communicate,
mana[!;e, and store information, public records will take on incrcasingly different forms.
Yet, the comprehcnsivc scope of the term "public records" will continue to make the
information opcn to inspection, unless exempted by law.
The broad definition of the term "public record" can bc seen in numerous Attorney
Ceneral Opinions and court decisions. The following arc examples of materials which
have been found to constitute public rccords:
73
GOVERNMENT- IN-THE-SUNSHIN E- MANUAL
f\nonymous lettcrs sent to city officials containing allegations of misconduct by
city employees--AGO 04-22;
Audit of guardianship files prepared by clerk of court--AGO 04-33;
Computer tapes produced by a state commission that contain the names and
addresses of subscribers to a magazine published by the agency--AGO 85-03;
Salary records of assistant state attorneys--f\GO 73"30; Tape recording of staff
meeting--AGO 04-15;
Travel itineraries and plane reservations for use of state aircraft--AGO 72-356;
Videotaped training film--AGO 88-23.
Article I, s. 24, Fla. Const., establishes a constitutional right of access to any public
record made or reccived in connection with the official busincss of any public body,
officer, or employec of the state, or persons acting on their behalf, except those records
exempted pursuant to Art. I, s. 24, Fla. Const., or specifically made confidential by the
Constitution. See State ex rei. Clayton v. Board of Regents, 635 So. 2d 937 (Fla. 1994)
("[Olur Constitution requires that public offiCIals must conduct public business in the
opcn and that public records must be made available to all members of the public.").
The completc text of .\rt. I, s. 24, Fla. Const., the Public Records and Mcetings
f\mcndment, may be found in Appendix "\.
2. When are notes or nonfinal drafts of agency proposals subject to Ch. 119, ES.?
There is no "unfinishcd business" exception to the public inspection and copying
requirements of Ch. 119, F.S. If the purpose of a document preparcd in conncction
with the official business of a public agency is to perpetuate, communicate, or formalize
knowledge, then it is a public record regardless of whethcr it is in final form or the
ultimate product of an agency. Shevin v. Byron, Harless, Schaffir, Reid and Associates,
Inc., 379 So. 2d 633 (Fla. 1980). "Interoffice memoranda and intra-officc memoranda
communicating information from one public employee to another or merely prepared
for filing, even thou[!;h not a part of an agency's later, formal public product, would
nonetheless constitute public rccords inasmuch as they supply the final evidcnce of
knowledgc obtained in connection with the transaction of official business." 379 So.
2d at MO. Cf Gannett Corporation, Inc. v. Goldtrap, 302 So. 2d 174 (Fla. 2d DCA 1974)
(county's concern that premature disclosure of a report could be harmful to the county
does not make the document confidential).
Accordingly, any agency document, however prepared, if circulated for review,
comment or information, is a public record regardless of whether it is an official
exprcssion of policy or marked "preliminary" or "working draft" or similar label.
Examples of such materials would include interoffice mcmoranda, preliminary drafts
of agency rules or proposals which have been submitted for review to anyonc within
or outside thc agcncy, and work111g drafts of reports which have been furnished to a
supervisor for review or approval.
74
GOVERNMENT- IN -THE-SUNSHINE- MANUAL
In each of these cases, the fact that the rccords arc part of a preliminary process
does not detract from their essential character as public records. See Times Publishing
Company v, City of St. Petersburg, 558 So. 2d 487 (Fla. 2d DCA 1990) (while the mere
preparation of documents for submission to a public body does not create public
records, the documents can become public records when exhibited to public officials
and revised as part of a bargaining process); Booksmart Enterprises, Inc. v, Barnes &
Noble College Bookstores, Inc., 718 So. 2d 227, 229 (Fla. 3d DCA 1998) (book selection
forms completed by state university instructors and furnished to campus bookstore
"are made in connection with official business, for memorialization and communication
purposesl;llt]hey are public records"); and AGO 91-26 (minutes of city council mectings
are public records once minutes have been prepared by clerk evcn though minutes have
not yet been sent to city council members and havc not been officially approved by
the city council). It follows then that such records are subject to disclosure unless the
Legislature has specifically exempted the documents from inspection or has otherwise
expressly acted to make the records confidential. See for example, s. 119.071 (1 )(d), FS.,
providing a limited work product excmption for agency attorneys.
Similarly, so-called "personal" notes can constitute public records if they are
intended to communicate, perpetuatc or formalize knowledge of somc type. For
example, the handwritten notes prepared by the assistant city labor attorney during
her interviews with city personnel are public records whcn those notes are used to
communicate information to the labor attorney regardin[!; possible future personnel
actions. AGO 05-23. See also City of Pinellas Park, Florida v. Times Publishing Company,
No. 00-008234C1-19 (Fla. 6th Cir, Ct. January 3, 20(1) (re]ectin[!; city's argument that
employee responses to survey arc "notes" whIch are not subject to disclosure because
"as to each of the employecs, their responses were prepared in connection with
their official agency business and thcy were 'intended to perpctuate, communicatc,
or formalize knowledge' that thcy had about their department"); and Florida Sugar
Cane League, Inc. v. Florida Department of Environmental Regulation, No. 91-4218 (Fla.
2d Cir. Ct. June 5, 1992), stating that handwritten notes of agcncy staff, "utilized to
communicate and formulate knowledge within Ithe agcncy], are public records subject
to no exemption."
More recently, the court in Miami Herald Media Co. v. Sarnoff 971 So, 2d 915
(Iila. 3d DC\ 20(7), held that a memorandum prepared by a city commissioner after
a meeting with a former city official, which summarized the details of what was said
at a meeting and contained allc[!;ed factual information about possible criminal activity,
was a public rccord subject to llisclosure. The court stated that the mcmorandum was
not a draft or a note containing mcntal impressions that would latcr form a part of a
government record, but rather formalized and perpetuated his final knowledge gained
at the meeting, and thus was subject to disclosure.
However, "under chapter 119 public employees' notcs to themselves which are
designed fOr their own personal use in remembering certain things do not fall within
the definition of 'public record.''' (e.s). 7he Justice Coalition v. 7he First District Court
of Appeal Judicial Nominating Commission, 823 So. 2d 185, 192 (Fla. 1 st DCA 2(02).
Accord Coleman v. Austin, 521 So. 2d 247 (Fla. 1 st DC\ 1988), holding that preliminary
handwritten notes prepared by agency attorneys and intended only for the attorneys'
own personal use are not public records; 1nf. Op. to Trovato, june 2, 2009 (to the
75
GOVERNMENT-IN - THE-SUNSHINE -MANUAL
extent city commissioner has taken notes for his own personal use and such notes
are not intended to perpetuate, communicate, or formalize knowledge, personal notes
taken at a workshop or during a commission meeting would not be considered public
records).
B. WHAT AGENCIES ARE SUBJECT TO THE PUBLIC RECORDS ACT?
Section 119.011 (2), FS., dcfines "agency" to include:
any state, county, district, authority, or municipal officer, department,
division, board, bureau, commission, or other scparate unit of
government created or established by law including, for the purposes of
this chapter, thc Commission on Ethics, the Public Servicc 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.
In addition, Art. I, s. 24(a), Fla. Const., establishes a constitutional right of access
to "any public record made or received in connection with the official business of
any public body, officer, or employee of the state, or persons acting on their behalf,
except with respect to those records exempted pursuant to this section or specifically
made confidential by this Constitution" The right of access includes the legislative,
executive, and ludicial branches of government; counties, municipalities, and districts;
and each constitutional officer, board, and commission, or entity created pursuant to
law or bv the Constitution.
I. Advisory boards
The definition of "agcncy" for purposcs of Ch. 119, FS., is not limited to
governmental entities. A "public or private a[!;ency, person, partnership, corporation,
or business entity acting on behalf of any public agency" is also subject to the
requirements of the Public Records Act. See also Art. I, s. 24(a), Fla. Const., providing
that the constitutional right of access to pubhc records extcnds to "anv public body,
officer, or employec of the state, or persons acting on their behalf. . . ." (e.s.)
Thus, the Attorney General's Office has concluded that the records of an employee
advisory committee, established pursuant to special law to make recommendations
to a public hospital authority, are subject to Ch. 119, F.S., and Art. I, s. 24(a), Fla.
Const. AGO 96-32. And see Inf. 01" to Nicoletti, November 18, 1987, stating that
the Loxahatchee Council of Govcrnments, Inc., formcd by eleven public agencies to
study and make recommcndations on local governmental issucs was an "agency" for
purposes of Ch. 119, FS. Cf Town of Palm Beach v, Gradison, 296 So. 2d 473 (Iila.
1974) (advisory committees subject to Sunshine Law).
2. Private organizations
A more complcx question is posed when a private corporation or entity, not
otherwise connected with govcrnmcnt, provides services for a governmental body.
The term "agency" as used in the Public Rccords l\ct includes private entitics "acting
on behalf of any public agency." Section 119,(J11 (2), FS.
76
GOVERNMENT- IN- THE-SUNSHINE - MANUAL
The Florida Supreme Court has stated that this broad definition of "agency"
ensures that a public agency cannot avoid disclosure by contractually delegating to
a private entity that which would othel'\\~se be an agency responsibility. News and
Sun-Sentinel Company v. Schwab, Twitty & Hanser Architectural Group. Inc., 596 So. 2d
1029 (Fla. 1992). Cf Booksmart Erlterprises, Inc. v. Barnes & Noble Coffege Bookstores,
Inc., 718 So. 2d 227, 229n.4 (Iila. 3d DC\ 1998) (private company operating state
university bookstores is an "agency" as defined in s. 119.011 (2), FS., "'"lot\,~thstanding
the language in its contract with the universities that purports to deny any agency
relationship").
a. Receipt of public funds by private entity not dispositive
There is no single factor which is controlling on the question of when a private
corporation becomes subject to the Public Records Act. For example, a private
corporation does not act "on behalf of" a public agency merely by cntering into a
contract to provide professional services to the agency. News and Sun-Sentinel
Company v. Schwab, Twitty & Hanser Architectural Group, Inc., supra. Accord Parsons &
Whittemore, Inc. v. Metropolitan Dade County, 429 So. 2d 343 (Fla. 3d DC\ 1983). And
see Weekly Planet, Inc. v. Hillsborough County Aviation Authority, 829 So. 2d 970 (Fla. 2d
DCA 2002) (fact that private dcvelopment is located on land the developer leased from
a governmental agency docs not transform the leases bctween the developer and other
private entities into public records).
Similarly, the reccipt of public funds, standing alone, is not dispositive of the
organization's status for purposes of Ch. 119, ES. See Sarasota Herald- Tribune Company
v, Community Health Corporation, Inc., 582 So. 2d 730 (Fla. 2d DC\ 1991), in which
thc court noted that the mere provision of public funds to the private organization is
not an important factor in this analysis, although the provision of a substantial share
of the capitalization of the organization is important; and Times Publishing Company
v. Acton, No. 99-8304 (Iila. 13th Cir. Ct. November 5, 1999) (attorneys retained by
individual county commissioners in a criminal matter werc not "acting on behalf of"
a public agency so as to become subject to the Public Records Act, even though the
county commission subsequently voted to pay the legal expenses in accordance with
a county policy providing for rcimbursement of legal cxpenses to individual county
officers who successfully defend criminal charges filcd against them arising out of the
performance of thcir official dutics). See also State v. Bartholomew, No. 08-5656CFIOA
(Fla. 17th Cir. Ct. August 7, 2009) (Crimestoppers Council of Broward County, a not-
for-profit organization, is not subject to the public rccords disclosure requirements of
Ch. 119; its status as a private organization is unaltered by its receipt of money from
the Attorney Gcneral's Office). And see Inf 01" to Cowin, Novcmber 14, 1997 (fact
that nonprofit medical center is built on property owned by the city would not in and
of itsclf be determinative of whether the medical center's meetin[!;s and rccords arc
subject to open government requirements).
b. "Totality of factors" test
Rccognizing that "the statute provides no clear criteria for determining when a
private entity is 'acting on behalf of' a public agency," the Suprcme Court adopted a
"totality of factors" approach to use as a guide for evaluating whether a privatc entity
is subject to Ch. 119, FS. News and Sun-Sentinel Company v. Schwab, Twitty & Hanser
77
GOVERNMENT- IN- THE-S UNSHINE- MANUAL
Architectural Group, Inc., supra at 1031. Accord New York Times Company v. PHH Mental
Health Services, Inc., 616 So. 2d 27 (Fla. 1993) (private entities should look to thc factors
announced in Schwab to determine their possible agcne\' status under Ch. 119). Cf
Memorial Hospital- West Volusia, Inc. v, News-Journal Corporation, 729 So. 2d 373, 381
(Fla. 1999), noting that the "totality of factors" test presents a "mixed qucstion of fact
and law"; thus, the appellate court "correctly reviewed the legal effcct of the undisputed
facts in this case." And see Wells v. Aramark Food Service Corporation, 888 So. 2d 134
(Fla. 4th DCA 20(4) (trial judge should have applicd totality of factors analysis rather
than denying petition for writ of mandamus seeking to require j\ramark to provide a
copy of the food service contract between it and the Department of Corrections).
The factors listed by the Supreme Court in Schwab include the following:
1) the level of public funding;
2) commingling of funds;
3) whether the activity was conductcd on publicly-owned property;
4) whether services contractcd for are an integral part of the public agency's
chosen decision-making process;
5) whether the private entity is performing a governmental function or a
function which the public agency otherwise would perform;
6) the extent of the public agency's involvement with, rcgulation of, or
control over the private entity;
7) whcther the private entity was created by the public agency;
8) whether the public agency has a substantial financial interest in the private
entity;
9) for whose benefit the private cntity is functioning.
In explaining the totality test, the Court cited to several earlier district court
opinions. For example, the Fourth District held that a private nonprofit volunteer fire
department, which had been given stewardship over fire fighting, which conducted its
activities on county~owned property, and which was funded in part by public money,
was an agency and its membership fiIcs, minutes of its meetings and charitable activities
were subject to disclosure. Schwartzman v. Merritt Island Volunteer Fire Department,
352 So. 2d 1230 (Fla. 4th DCA 1977), cert. denied, 358 So. 2d 132 (Fla. 1978). And see
Fox v. News~Press Publishing Company, Inc" 545 So. 2d 941 (Fla. 2d DC\ 1989) (to\\~ng
company under contract to remove motor vehicles from public streets is performing
a [!;overnmental function and is subject to Ch. 119). Compare Memorial Hospital- West
Volusia, Inc, v. News~Journal Corporation, 927 So. 2d 961 (Fla. 5th DC\ 2006), in which
the Fifth District applied the totality test and determined that a private corporation
that purchased a hospital it had prevlOusly leased from a public hospital authority was
not "acting on behalf of" a public a[!;ency and therefore was not subject to the Public
Records Act or the Sunshine Law.
78
GOVERNMENT-IN -THE-SUNSHINE-MANUAL
Thus, the application of the totality of factors test will often require an analysis
of the statutes, ordinances or charter provisions which establish the function to be
performed by the private entity as well as the contract, lease or other document between
the governmental entity and the private organization.
For example, in AGO 92-37, following a review of the Articles of Incorporation
and other materials relating to the establishment and functions of the Tampa Bay
Performing Arts Center, 1nc., the Attorney General's Office concluded that the center
was an "agency" subjcct to the Public Records Act. It was noted that the center,
which was governed by a board of trustees composcd of a numbcr of city and county
officials or appointees of thc Mayor of Tampa, utilized city property in carrying out
its goals to benefit thc public and performed a governmental function. See a/so ACO
97-27 (documents created or received by the Florida Intcrnational Museum after the
date of its purchase/lease/ option agrcement with city subject to disclosure under Ch.
119, FS.); and ACO 92-53 (John and r-;Iable R111gling Museum of Art Foundation, Inc.,
subject to Public Records l\ct).
Similarly, in AGO 99-53, the Attorney Ceneral's Officc advised that the Public
Records Act applied to an architectural review committee of a homeowners' association
that was required by county ordinancc to revicw and approve applications for county
building permits as a prerequisite to consideration by thc county building departmcnt.
Compare AGO 87-44 (records of a private nonprofit corporation pertaining to a
fund cstablished for improvements to city parks wcre not public rccords since the
corporation raiscd and disbursed only private funds and had not bcen delegated any
governmcntal responsibilities or functions).
c. Private entities created pursuant to law or by public agencies
The fact that a private entity is incorporated as a nonprofit corporation is not
dispositive as to its status under the Public Records Act. The issue is whether the entity
is "acting on behalf of" an agency. The Attorney Gcneral's Office has issued numerous
opinions advising that if a nonprofit cntity is crcated by law, it is subject to Ch. 119
disclosure requirements. The following arc somc examples of entities creatcd pursuant
to law or ordinance which have been found to be subject to the Public Records "\ct:
Pace Property Finance Authority, Inc., created as a Florida nonprofit
corporation by Santa Rosa County as an instrumentality of the county
to provide assistance in the funding and administration of certain
governmental programs--i\CO 94-34;
Rural health networks, established as nonprofit legal entities organized to
plan and deliver health carc services on a cooperative basis pursuant to s.
38Ul40(" ES.-.-Inf. Op. to Ellis, March 4,1994;
South Florida Fair and Palm Beach County Expositions, Inc., created pursuant
to
Ch. (,1(" FS.--AGO 95-17.
d. Private entities providing services in place of public agencies
79
GOVERNMENT- IN- THE-S UNSHINE- MANUAL
As stated previously, the mere fact that a private entity is under contract with,
or receiving funds from, a public agency is not sufficient, standing alone, to bring
that agency within the scope of the Public Records Act. See Stanfield v. Salvation
Army, 695 So. 2d 501, 503 (Fla. 5th DC\ 1997) (contract between Salvation Army and
county to provide services does not in and of itself subject the organization to Ch. 119
disclosure requirements). And see Tnf. 01" to l"!ichdson, January 27, 1992, concluding
that a telephone company supplying cellular phone serviccs to city officials for city
business was not an "agency" since the company was not crcated by the city, did n';t
perform a city function, and did not receive city funding except in payment for services
rendered.
However, there is a difference between a party contracting with a public agency
to provide services to the agency and a contracting party which provides services in
place of the public body. News-journal Corporation v. Memorial Hospital- West Volusia,
Inc., 695 So. 2d 418 (Fla. 5th DCA 1997), approved, 729 So. 2d 373 (Fla. 1999). Stated
another way, business records of entities which merely provide services for an agency
to use (such as legal professional services, for example) are probably not subject to
the open government laws. Id. But, if the entitv contracts to relievc the public body
from the operation of a public obligation (such as operating a jail or providing fire
protection), the open government laws do apply Id, And see "\GO 07-44 (property
owners association, delegatcd performance of services otherwise performcd by
municipal services taxing unit, subject to Public Records Law).
Thus, in Stanfield v. Salvation Army, 695 So. 2d 501,502-503 (I''la. 5th DCA 1997),
the court ruled that the Salvation i\rmy was subject to the Public Rccords Act when
providing misdemeanor probation services pursuant to a contract 'J,~th Marion County.
See also Putnam County Humane Society, Inc. v. Woodward, 740 So. 2d 1238 (Fla. 5th
DC\ 1999) (where county humane society assumed the governmental function to
investigate acts of animal abuse pursuant to statutory authority, the records created
and maintained in connection with this function were governed by the Public Records
Act). And see Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302, 307
(Fla. 3d DCA 20(1) (a consortium of ptivate businesses crcated to manage a massive
renovation of an airport was an "agency" for purposes of the Public Records Act
because it was created for and had no purpose other than to work on the airport
contract; "when a private entity undertakes to provide a service otherwise provided by
the government, the entity is bound by the Act, as the government would be").
Similarly, a private company under contract with a sheriff to providc medical
services for inmates at the county jail must release its records relating to a settlcment
agreement with an inmate. Since thcse records would normally be subjcct to the Public
Records ,\ct if in the possession of the public a[!;ency, they are likewise covercd by that
law even thou[!;h in the possession of the private corporation. Prison Health Services.
Inc. v. Lakeland Ledger Publishing Company, 718 So. 2d 204 (lila. 2d DC\ 1998), review
denied, 727 So. 2d 909 (Fla. 1999).
More reccntly, in Multimedia Holdings Corporation Inc. v. CRSPf~ !rtc., No. O3-C\-
3474-G (Fla. 20th Cir. Ct, December 3, 20(3), the circuit court required a consulting
firm to disclose its time sheets and internal billing records generated pursuant to a
subcontract with another firm (CRSPE) which had entered into a contract with a town
to prepare a traffic study required by the Department of Transportation (DOT). The
80
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
court rejected the subcontractor's argument that the Public Records Act did not apply
to it because it was a subcontractor, not the contractor. The court found that the study
was prepared and submitted jointly by both consultants; both firms had acted in place of
the Town in performing the tasks required by DOT "lTJhe Public Records Act cannot
be so easily circumvented simply by CRSPE delegating its responsibilities to yet another
private entity," the court said. And see Mae Volen Senior Center, Inc. v. Area Agency on
Aging, 978 So. 2d 191 (Fla. 4th DC\ 2008), review denied, 1 So. 3d 172 (Fla. 2(09) (arca
agencies on aging which are public or private nonprofit organizations designated by the
Department of Elder Affairs to coordinate and administer department programs and
to provide, through contracting agencies, services for the elderly within a planning and
service area are subjcct to Ch. 119 and s. 28(,,(l] 1, FS., when considering any contracts
requiring the expenditure of public funds).
The following are additional examples of entities performing functions for public
agencies whosc records were fowld to be subject to disclosurc under the Public Records Act:
Campus bookstore: Booksmart Enterprises, Inc. v. Barnes & Noble College
Bookstores, Inc., 718 So. 2d 227 (Fla. 3d DCA 1998), review denied, 729
So. 2d 389 (Fla. 1999) (private company operatin[!; a campus bookstore
pursuant to a contract with a state university is the custodian of public
records made or received by the store in connection \vith university
business).
Corrections corporation: 7lmes Publishing Company v. Corrections
Corporation of America, No. 91-429 C\ 01 (I'la. 5th Cir. Ct. Deccmber 4,
1991), affirmed per curiam, 611 So. 2d 532 (Fla. 5th DCA 1993) (private
corporation that operates and maintains county jail pursuant to contract
with the county is "acting on bebalf of" the county and must make
available its records for the jail in accordance with Ch. 119). See also
Prison Health Services. Inc. v. Lakeland Ledger Publishing Company, 718 So.
2d 204 (I'la 2d DCA 1998), review denied, 727 So. 2d 909 (Fla. 1999).
Employment search firm: Shevin 1), Byron, Harless, Schaffir, Reid and
Associates, supra. Accord AGO 92-80 (materials made or received by
recruitment company in the course of its contract with a public agency
to seek applicants and make recommendations to the board regarding
the selection of an executive director, subject to Ch. 119)
Engineering company: B & S Utilities, Inc, v. Baskerville-Donovan, Inc.,
988 So. 2d 17 (Fla. 1st DCA 2(08), review denied, 4 So. 3d 1220 (FIa
2(09) (engineering company contractin[!; with city to provide ongoing
engineering services, and to desi[!;11 and implement water and wastewater
system improvements, was an "a[!;ency" within meaning of Ch. 119
as company performed public functions on city's behalf, Including
recommending budget priorities and making financing rccommendations,
and city delegated to company some of its functions relative to supplying
its citizens with a water system).
The following are examples of businesses or organizations whose records were
determincd to be outside the scope of the Public Records l\ct:
81
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
Architectural firm: News and Sun-Sentinel Company v. Schwab, Twitty 6-
Hanser Architectural Group, Inc., 596 So. 2d 1029 (Fla. 1992) (architectural
firm under contract with a school board to provide architectural services
associated with the construction of school facilitics is not "acting on
behalf of" the school board).
Private security force: Sipkema v. Reedy Creek Improvement District, No.
CI96114 (Fla. 9th Cir. Ct. May 29, 1996), per curiam affirmed, 697 So. 2d
880 (Fla. 5th DC!\ 1997), review dismissed, 699 So. 2d 1375 (Fla. 1997)
(reports prepared by Walt Disney World's private security forcc regarding
incidents on roads within the Disney property arc not public records
even though Disney contracted to provide some security scrvices for a
public entity, the Reedy Creek Improvement District).
Soft drink company: Trepal v, State, 704 So. 2d 498 (Fla. 1997) (Coca-
Cola Company is not rcquired to allow a death-sentenced defendant
convicted of poisoning victims with thallium-laced bottles of Coca-Cola
to obtain access to records allegedly held by thc company concerning lab
testing requested by law enforcement agencies).
Manufacturer of breath testing machine: State v. Spalding, 13 EL.\V
Supp. 627 (Fla. 15th Cir. Ct. February 28, 2(06) (company manufacturing
machine utilized by county law enforccment officers to analyze the
breath alcohol contents taken from defendants is not acting on behalf
of a public agency).
e. Private company delegated authority to keep certain records
In Times Publishing Company v. City of St. Petersburg, 558 So. 2d 487, 494 (l'la.
2d DC!\ 1990), a private entity (thc White Sox baseball organization) refused to
allow access to draft lease documents and other records generated in connection
with negotiations between the White Sox and the city for use of a municipal stadium.
The court determincd that both the White Sox and the city impropcrly attempted to
circumvcnt the Public Records Act by agree111g to keep all negotiation documents
confidential and in the custody of the White Sox. However, the plan to withhold the
documents from public inspection failcd. The court ruled that both the city and the
White Sox had violatcd Ch. 119, FS. Thc court noted the dangers that exist if private
entities "arc allowed to demand that they reta111 custody [and prevent inspcctionl of
documents as a condition of doin[!; business with a governmental body." Id. Relying
in part on the White Sox case, the court in National Collegiate Athletic Association v. lhe
Associated Press, Case No.1 D09-4385 (Fla. 1 st DC\ filed October 1, 20()9), held that
National Collegiate Athletic Association records which were provided to the university
on the NCAA's sccure custodial web site for use by the university in preparing a response
to possible NCAA sanctions were public records. Even though the documents in the
White Sox case had been modificd at the request of the city, the court found that to be
"a distinction without a differencc." !d. Holding that the records which were vicwed
and used by a public agency in carryin[!; out its official business were public records,
the court stated:
lIlhe public records law can be enforced against any person who has
82
GOVERNMENT-IN - THE-SUNSHINE- MANUAL
custody of public records, whether that person is employed by the public
agency creating or receiving thc records or not. It makes no difference
that the records in question are in the hands of a private party. If they
arc public records, they are subject to compelled disclosure under the law.
Similarly, in WFTV, Inc. v. School Board of Palm Beach County, No. CL 94-8549-
AD (Fla. 15th Cir. Ct. March 29, 1995), affirmed per curiam, 675 So. 2d 945 (Fla. 4th
DC\ 1996), the court held that a school board which hired a marketing firm to conduct
a survey, then reviewed and commented upon survey questionnaires designed by the
firm but avoidcd taking possession of thc documents, unlawfully refused a public
records requcst for thc documents and was liable for attorney's fecs. The court noted
that thc school board "could have obtained thc records from [the markcting rescarch
firm] and produced them to thc petitioners, but it elected not to do so, choosing instcad
to try to avoid disclosurc by noting that it did not have possession of the records and
arguing that [thc firml was not acting on its behalf." See also Wisner v. City of Tampa
Police Department, 601 So. 2d 296, 298 (Fla. 2d DCA 1992) (city may not allow a private
entity to maintain physical custody of public records [polygraph chart used in policc
intcrnal affairs investigation I "to circumvent the public rccords chapter").
Thus, if a public agency has delegatcd its rcsponsibility to maintain rccords
necessary to perform its functions, such records will be deemed accessible to the
public. AGO 98-54 (rcgistration and disciplinary records stored in a computer database
maintained by a national sccurities association which arc used by a state agency in
licensing and regulating securitics dealers doing business in Florida arc public records).
See also Harold v. Orange County, 668 So. 2d 1010 (Fla. 5th DC\ 1996) (where a county
hired a private company to bc the construction manager on a renovation projcct and
delegated to the company the responsibility of maintainin[!; rccords necessary to show
compliance with a "fairness in procurement ordinance," the company's records for this
purposc werc public records). Cf B & S Utilities, Inc. v. Baskerville-Donovan, Inc., 988
So. 2d 17, 20 (lila. 1 st DCl, 20(8) ("Florida's policy of guarantecin[!; that public rccords
are open for inspection contemplates the possibility that public records may somctimes
bc found in private hands.'').
f. Other statutory provisions
(1) Legislative appropriation
Scction 11.45(3)(c), FS., states that all records of a nongovernmcntal agency,
corporation, or person with respect to the reccipt and expenditure of an appropriation
made by the Legislature to that entity "shall be public records and shall be trcated
in the same manner as other public rccords are undcr gcnera1Iaw." Cf AGO 96-43
(,l,stronauts Memorial FoundatIon, a nonprofit corporation, is subject to the Sunshinc
Law when performing those duties funded undcr the General Appropriations Act).
(2) Public funds used for dues
Section 119.01 (3), FS., provides that if an agency spends public funds in payment
of dues or mcmbership contributions to a privatc cntity, then the private cntity's
financial, busincss and membership records pcrtaining to thc public agency are public
records and subject to the provisions of s. 119.07, FS.
83
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
(3) State contracts
Section 287.058(1 )(c), F.S., requires, with limned cxceptions, that evervprocurement
for contracted services by a statc agency be evidenced by a written agreement containing
a provision allowing unilateral cancellation by the agency for the contractor's refusal
to allow public access to "all documents, papers, lettcrs, or other material made or
received by the contractor in conjunction with the contract, unless the records are
exempt" from disclosure.
3. Judiciary
a. Public Records Act inapplicable to judicial records
Relying on separation of powers principlcs, the courts have consistently held
that the Judiciary is not an "agency" for purposes of Ch. 119, FS. See e.g., Times
Publishing Company v. Ake, 660 So. 2d 255 (Fla. 1995) (the judiciary, as a coequal
branch of governmcnt, is not an "agency" subject to supervision or control by another
coequal branch of government) and Locke v, Hawkes, 595 So. 2d 32 (Fla. 1992). Cf s.
119,()714(1), FS., stating that "[n]othing in this chapter shall be construcd to exempt
from Is. 119.07(1), FS.] a public record that was made a part of a court file and that
is not specifically closed by order afcourt . . . ." (e.s.). And See Tampa Television, Inc. v.
Dugger, 559 So. 2d 397 (l'la 1 st DC\ 1990) (Lq.,>1s1ature has recognized the distinction
between documents scaled under court order and those not so sealed, and has provided
for disclosure of the latter only).
However, the Horida Supreme Court has expressly recognized that "both civil and
criminal proceedings in Florida arc public events" and that it will "adhere to the well
established common law right of access to court proceedings and records." Barron v.
Florida Freedom Newspapers, 531 So. 2d 113, 116 (Fla. 1988). See also Russell v. Miami
Herald Publishing Co., 570 So. 2d 979, 982 (Ha. 2d DCA 1990), in which the court stated:
"[WJe recognize that thc press has a [!;eneral right to access of judicial records."
Moreover, even though the judiciary is not an "agency" for purposes of Ch. 119,
FS., there is a constirutional ri[!;ht of access to judicial records established by Art. I, s. 24,
of the Florida Constirution. This provision states that the public has a right of access
to records in the judicial branch of government, except for those records exempted in
the Constirution, records exempted by law in effcct on July 1, 1993, records exempted
pursuant to court rules in cffect on November 3, 1992 Ithe date of adoption of the
constirutionaI amendment], and records exempted by law in the furure in accordance
with the procedures specified in s. 24(c), Fla. Const. See Amendments to the Florida
Family Law Rules of Procedure, 723 So. 2d 208, 209 (Iila. 1998), noting that under Art. I,
s. 24, Fla. Const., "anv person has the right to inspect court files unless those files are
specifically exempted from public inspection"
b. Public access to judicial branch records, Fla. R. Jud. Admin. 2.420
(1) Scope of the rule
In accordance \V~th the directive in Art. I, s. 24, Fla. Const., access to records of the
judicial branch is governed by Florida Rule of Judicial Administration 2.420 (formerly
84
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
2.051), entitled "Public Access to Judicial 13ranch Records." The rule was initially
adopted in 1992 and has been amended several times since then. See In re Amendments
to the Florida Rules of Judicial Administration--Public Access to Judicial Records, 608 So.
2d 472 (Fla. 1992); In re Amendments to Rule of Judicial Administration 2.05I--Public
Access to Judicial Records, 651 So. 2d 1185 (Fla. 1995); In re Report of the Supreme Court
Workgroup on Public Records, 825 So. 2d 889 (Fla. 20(2); In re Amendments to the Florida
Rules of Judicial Administration n Reorganization of the Rules, 939 So. 2d 966 (Fla. 2006);
and In re Amendments to Florida Rule of Judicial Admin. 2.420--Sealing of Court Records
and Dockets, 954 So. 2d 16 (Fla. 2(07).
According to the Florida Supreme Court, rule 2.420 is "intended to reflect the
judiciary's responsibility to perform both an administrative function and an adjudicatory
function." In re Amendments to the Florida Rules ofJudiciaIAdministration--Public Access
to Judicial Records, 608 So. 2d 472 (Fla. 1992). In its administrative role, the judiciary is
a governmental entity expending public funds and employing government personnel.
Thus, "records generated while courts are acting in an administrative capacity should
be subject to the same standards that govern similar records of other branches of
government." Id. at 472-473. See also Media General Convergence, Inc. v. Chief Judge of
the Thirteenth Judicial Circuit, 840 So. 2d 1008, 1016 (Fla. 2(03) (when an individual
complains to a chief circuit judge about judiClal misconduct involving sexual harassment
or sexually inappropriate behavior by a judge, the records made or receIved by the chief
judge "constitute 'judicial records' subject to public disclosure absent an applicable
exemption").
"Records of the judicial branch" arc defined to include "all records, regardless
of physical form, characteristics, 01' means of transmission, made or received in
connection with the transaction of official business by any judicial branch entity" and
consist of "court records" and "administratlve records." Fla. R. Jud. Admin. 2.420(b)
(I). See In re Amendments to the Florida Rules of Judicial Administration and the Florida
Rules of Appellate Procedure--Implementation of Commission on Trial Court PerfOrmance
and Accountability Recommendations, 13 SO..3d 1044 (Fla. 2(09), in which the Court
declined to adopt several proposed amendments to Fla. R. .Iud. Admin. 2.420 and
2.535 as overly restrictive and contrary to Florida's well established public policy of
government in the sunshine and the Court's longstanding presumption in favor of
openness for court proceedings and records of those proceedings. The amendments
would have deleted "electronic records, videotapes, or stenographic tapes of court
proceedings" from the definition of "court records" and restricted the disclosure of
electronic records except under certain circumstances in the discretion of the court or
the chief judge. Recognizing that digital recordings of court proceedings are widely
used and have proven reliable, efficient, and cost effective, the Court agreed that access
to these recordings should not be denied or left to the unfettered discretion of the trial
court or the chief judge, noting the contrary case in Media Gen. Operations, Inc. v. State,
12 So. 3d 239 (Fla. 2d DCA 200'!) (unedited audio recording created by digital electronic
court reporting system is not an electronic record of court proceedings and thus is not
a court record subject to disclosure under Rule 2.420). In addition, the Court amended
the definition of "court reporting" in Rule 2.535(a)(4) to delete language stating that
court reporting does not mean "the act of electronic recording and transcription of
proceedings as provided for in subdivision (g)(3)."
85
GOVERNMENT -IN-THE -SUNSHIN E- MANUAL
The term "judicial branch" means "the judicial branch of government, which
includes the state courts system, the clerk of court when acting as an arm of the
court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial Qualifications
Commission, and all other entities established by or operating under the authority of
the supreme court or the chief justice." Fla. R. Jud. Admin. 2.420 (b) (2).
The Florida Supreme Court, in Administrative Order of the Supreme Court 09-30,
July 1, 2009, adopted statewide standards for electronic access to the courts. Recognizing
that "the transition of Florida's courts from paper-based information management to
systems that rely primarily on digital records represents a fundamental change in the
internal operations of the courts," the Court stated that "care must be taken to ensure
that this transformation is accomplished in a deliberate and rcsponsible manner" as
"'these issues are not merely technical but are central to the future functioning of the
courts and to relations between citizens and their government.''' Id. quoting In Re:
Implementation of Report and Recommendations of the Committee on Prillacy and Court
Records, 06-20 (Fla. June 30, 2(06).
Administrative Ordcr 09-30 provides for the establishment of a single statewide
Internet portal for electronic access to and transmission of court records to and
from all Florida courts. Section 4.1.18 provides that public access to electronically
filed documcnts "must be provided in accordance with the Judicial branch policy on
access to court records" and comply with the requirements of thc i\mericans with
Disabilities Act, the federal law known as Section 508 of the Rehabilitation l\ct of
1973, as amended, which lists standards necessary to make electronic and information
technology accessible to persons with disabilitics, and the Florida Accessible Elcctronic
and Information Technology Act, ss. 282.601-282.606, l':s, Section 4.1.15 requires a
filer who electronically files a document containing exempt information to indicate that
the document contains confidential information by placing the notation "confidential"
in the comments section. Documents tllat arc exempt or claimed to be exempt from
public access shall be processed pursuant to Rule 2.420. Id. Administrative Orders arc
available on the Supreme Court's website at:
http://www. f1oridasupremecourt.org/ clerk/index.shtml
The complete text of Fla. R. .Iud. i\dmin. 2.420, is included as Appendix E to this
Manual.
(2) Confidential judicial records
In the absence of an exemption, ludicial records are subject to disclosure. See
Tedesco v. State, 807 So. 2d 804 (Fla. 4th DC!\ 2002), noting that the files in criminal
cases are included within the definition of "judIcial records" contained in Florida Rule
of Judicial Administration 2.420(b), and that there is no exemption in the rule which
would preclude release of the progress docket 01' the clerk's minutes from a criminal
case. !d. And see Friend v. Friend, 866 So. 2d 116, 117 (Fla. 3d DCA 2(04) (denial of
access to records in dissolution of marriage case "may not be based solely upon the
wishes of the panies to the litigation").
Rule 2.420(c) contains a listing of the judicial branch records which are confidential.
86
GOVERNMENT - IN-THE-SUNSHINE -MANUAL
Examples include trial and appellate court memoranda, complaints alleging misconduct
against judges and other court personnel until probable cause is established, periodic
evaluations implemented solely to assist Judges in improving thcir performance,
information (other than names and qualifications) about persons seeking to serve as
unpaid volunteers unless made public by the court based upon a showing of materiality
or good cause, and copies of arrest and search warrants until executed or until law
enforcement determines that execution cannot be made. Fla. R. .Iud. Admin. 2.240(c)
(1) through (6).
Although rule 2.420 contains specific exemptions from disclosure, as set forth
above, subdivision (c)(8) of the rule provides a general exemption from disclosure
for records deemed to be confidential by court rule, Jilorida Statutes, prior J"lorida
case law, and by rules of the Judicial Qualifications Commission, Thus, an executed
search warrant could be withheld from disclosure pursuant to the statutory exemption
for active criminal investigative material even though subdivision (c)(6) of the rule
exempts only unexecuted search warrants. Florida Publishing Company v. State, 706 So.
2d 54 (lila. 1st DCA 1998), review dismissed, 717 So. 2d 531 (Fla. 1998). Accord State
v. Buenoano, 707 So. 2d 714, 718 (Fla. 1998) (documents that are exempt from public
access under Ch. 119, FS., are likewise exempt under rule 2.420). And see Fla. R. .Iud.
Admin. 2.420(c)(7) providing an exemption for "all records made confidential under
the Florida and United States Constitutions and Jilorida and federal law."
Subdivision (c)(9) of rule 2.420 incorporates the holdings in Barron v. Florida
Freedom Newspapers, 531 So. 2d 113 (J'la. 1988), and Miami Herald Publishing Company
v. Lewis, 426 So. 2d 1 (Fla. 1982) by "establishing that confidentiality lof court records]
may be required to protect the rights of defendants, litigants, or third parties; to further
the administration of justice; or to othem~se promote a compelling governmental
interest." Commentary, In re Amendments to Rule ojJudicialAdministration 2. 051. --Public
Access to Judicial Records, 651 So. 2d 1185, 1191 (Fla. 1995).
The degree, duration, and manner of confidentiality ordered by the court shall be
no broader than necessary to protect these interests. Fla. R. .Iud. ,\dmin. 2.420(c)(9)
(B). And see Smithwick v. Television 12 of Jacksonville, Inc., 730 So. 2d 795 (Fla. 1 st DC\
1999) (trial court properly required defense counse! to return discovery documents
once it realized that its initial order permitting removal of the documents from the
court file had been entered in error because the requirements of rule 2.420 had not
been met).
"The burden of proof . . . shall always be on the party seeking closure." Barron
v. Florida Freedom Newspapers, 531 So. 2d 113, 118 (Fla. 1988). "Our reasons for
placing the burden on the party seeking closure and maintaining closure remains the
same today as it did when wc issued Barron in 1988; that is, the strong presumption of
openness of court proceedings, and thc fact that those challenging the closure order
will generally have little or no knowledge of the specific grounds requiring closure."
Amendments to the Florida Family Law Rules of Procedure, 853 So. 2d 303, 306 (Fla.
2(03). Commentary, supra at 1191. See In re: Guardianship afCosio, 841 So. 2d 693, 694
(Fla. 2d DC\ 2(03), in which the court stated that "Ialccess to court records may be
restricted to protect the interests of litigants only after a showing that the following
three-prong test has been met: (1) the measure limiting or denying access (closure or
87
GOVERNMENT-IN - THE -S UNSHINE- MANUAL
sealing of records or both) is nccessary to prevent a scrious and imminent threat to the
administration of justice; (2) no less rcstrictive alternative measurcs arc available which
would mitigate the dangcr; and (3) the measure bcing considered will in fact achicvc thc
court's protective purpose."
(3) Notice of closure of court records
In response to "highly scrious concerns first identified by Florida news media
reports about hiddcn cases and secret dockets," the Florida Supreme Court in In re:
Amendments to Florida Rule of Judicial Administration 2.420 fi Sealing of Court Records and
Dockets, 954 So. 2d 16 (Fla. 2007), adopted on an interim cmergcncy basis amendments
to rulc 2.420 regarding the closure of noncriminal court records. "Court records" arc
defined to include "the contents of the court file, including thc progress docket and
other similar records gcnerated to document activity in a case, transcripts filed with
thc clerk, documentary exhibits in thc custody of the clerk, and elcctronic records,
vidcotapes, or stenographic tapes or depositions or other procecdings filcd with the
clerk, and elcctronic records, videotapes, or stcnographic tapes of court procccdings."
Fla. R. .Iud. l\dmin. 2.420(b)(1)(r\).
Prior to the 2007 amendment to the rule, the courts had stated that unlikc thc
closure of court proceedings, which has bccn held to require noticc and hearing prior to
closure, see Miami Herald Publishing Company v. Lewis, 426 So. 2d 1 (Fla. 1982), "the
closure of court records has not requircd prior notice." Commentary, In re Amendments
to Rule of Judicial Administration 2.051.--Public Access to Judicial Records, 651 So. 2d
1185, 1191 (Fla. 1995). "Requiring prior noticc of closure of a court record may be
impractical and burdensome in emcrgency circumstances or when closure of a court
record requiring confidentiality is rcquested during a judicial proceedingl;llplroviding
reasonable notice to the public of the cntry of a closure order and an opportunity to be
heard on thc closure issuc adequately protccts the competing interests of confidentiality
and public access to judicial records." Id.
The former rule did "not prccludc thc giving of prior notice of closure of a court
rccord, and thc court may e!ect to give prior notice in appropriate cases." See also
WESH Television, Inc. v. Freeman, 691 So. 2d 532 (Fla. 5th DC\ 1997) (once audio and
vidcotapcs in criminal case werc turncd over to the defendant during discovery, they
were public records subject to disclosurc under Ch. 119, FS.; only after an evidentiary
hearing \\~th the media participating and in camera review of the tapes, may thc court
entcr an ordcr limiting access to the records based on constitutional considerations).
And See Media General Operations, Inc. v. State, 933 So. 2d 1199 (Fla. 2d DC\ 2(06)
(news media entitled to notice of and opportunity to be heard on defcndant's motion
to seal discovery). The closure of records in criminal cases remains substantially
unchangcd by thc revised rule.
Under the revised rule 2.420(d), howevcr, rcquests to closc circuit or county court
records in noncriminal cascs under Rule 2.420(c)(9) must be made in the form of a
written motion captioned "Motion to Make Court Records Confidential" and must
identify the particular court rccords to bc made confidential and the basis for taking
such action, including a signcd certification by the party making the rcquest that the
motion is being made in good faith and is supportcd by a sound factual and legal basis.
ria. R. .Iud. Admin. 2.420(d)(I). The records subjcct to the motion must bc treated as
88
GOVERNMENT-IN-THE -SUNSHINE- MANUAL
confidential by the clerk pending the court's ruling on the motion; however, the casc
number, dockct number or othcr number used by thc clcrk's officc to identify the case
file are not confidcntial. Id. Court records made confidential under the rule must be
treated as confidential during any appellate proceedings. Fla. R. .Iud. Admin. 2.420(d)
(7).
The court must hold a public hearing on any contested sealing motion and may
hold a hearing on an uncontested motion. Fla. R.Jud. .\dmin. 2.420(d)(2). Such hearing
must be an open proceeding exccpt that a party may requcst the court to conduct all
or part of the hearing in camera to protect the intercsts set forth in subdivision (c)(9)
(A) of the rule. 1d. Thc court may, in its discretion, require prior public notice of the
hearing. Id. A sealing ordcr issucd by the court must state with specificity the grounds
for the sealing and thc findings of the court that justify thc scaling. Fla. R. .Iud. Admin.
2.420(d) (3). Notice of any order granting the motion, except as provided by law or
court rule, must be given to thc public as provided by the rulc. Jila. R. .Iud. :\dmin.
2.420(d) (4).
A nonparty may file a written motion to vacate a sealing ordcr. Fla. R. Jud. Admin.
2.420(d)(5). The court must hold a hearing on any contcstcd motion and may hold a
hearing on uncontcsted motions; such hearing must bc an open proceeding except
that a party may rcquest thc court to conduct all or part of the hearing in camera to
protect the interests sct forth in subdivision (c)(9)(:\) of thc rule. ld. 1\ court may
imposc sanctions on any party who files a sealing motion ,,~thout a good faith basis and
,,~thout a sound lcgal and factual basis. Fla. R. .Iud. Admin. 2.420(d) (6).
(4) Procedures for accessing judicial branch records under rule 2.420
"Requests and responscs to requests for access to records under this rule shall
be madc in a reasonable manncr." Fla. R. Jud. Admin. 2.420(f). Rcquests must be in
writing and directed to the custodian. Id. See Morris Publishing Group, LLC v. State, 13
So.3d 120 (Fla. 1 st DC\ 2009), in which the court denicd a Florida newspaper's records
rcquest for an audio tape related to a shooting sincc the request was made orally instead
of in writing as required by the rule. In a commentary to the decision incorporating
the writtcn request provision, the Court cautioned that the "writing rcquircmcnt is
not intended to disadvantage any person who may have difficulty writing a request; if
any difficulty cxists, thc custodian should aid the requestor in reducing the rcquest to
writing." Commentary, In re Report of the Supreme Court Workgroup on Public Records,
825 So. 2d 889, 898 (lila. 20(2).
A public rccords request "shall pro\~de sufficient specificity to enable the custodian
to identify the requested records. The reason for the request is not required to bc
disclosed." Fla. R. .Iud. Admin. 2.420(f )(1).
The custodian "is rcquired to provide acccss to or copics of records but is not
rcquired either to providc information from records or to creatc ncw rccords in
responsc to a rcquest." Commentary, In re Report of the Supreme Court Workgroup on
Public Records, 825 So. 2d 889, 898 (l"la. 2(02).
The custodian shall determinc whether the requcstcd records are subject to the
rule, whcthcr there arc any cxemptions, and the form in which thc rccord is provided.
89
GOVERNMENT-IN-THE -SUNSHINE-MANUAL
Fla. R. .Iud. Admin. 2.420(f )(2). If the request is denied, the custodian shall state in
writing the basis for the denial. Id.
(5) Review of denial of access to judicial records
Expeditcd review of denials of access to records of the judicial branch shall be
provided through an action for mandamus, or other appropriate appellate remcdy. Fla.
R. .Iud. Admin. 2.420(c). See Mathis v. State, 722 So. 2d 235, 236 (Fla. 2d DCA 1998)
(petition for writ of mandamus "is the proper vehicle to seek revicw of the denial of
acccss to judicial records"). See also TT v. State, 689 So. 2d 1209, 1210 (lOb. 3d DCA
1997) (pctition for writ of ccrtiorari seeking to quash trial court order denying access
to court records treated as a pctition for writ of mandamus by appcllate court); and
Bostic v. State, 875 So. 2d 785 (Fla. 2d DCA 20(4) (petition for certiorari rcview of trial
court order dcnying petitioncr's writ of mandamus sccking a copy of his arrcst warrant
treated as an appeal by district court). (J Lifecare International, Inc. v. Barad, 573 So.
2d 1044 (Fla. 3d DC\ 1991) (a two-month delay in ruling on a motion to unseal a
file constitutes a denial of access to the file for that period of time and is subject to
expedited review bv the appellate court).
Where a judgc who has denied a request for access to records is the custodian,
the action shall be filed in the appellate court having appellate jurisdiction to rcview
the decisions of thc judge denying access. Fla. R. .Iud. Admin. 2.420(e)(I). Upon order
issucd by the appcllate court, the judge denying access to records shall file a sealed copy
of thc requested records with the appcllate court. Id. All other actions shall be filed in
thc circuit court where tlle denial of access occurrcd. Fla. R. .Iud. Admin. 2.420(e)(2).
c. Discovery material
The Florida Supremc Court has ruled that there is no First Amendment right of
acccss to unfilcd discovery materials. Palm Beach Newspapers v. Burk, 504 So. 2d 378
(Fla. 1987) (discovery in criminal proceedings); and Miami Herald Publishing Company
v. Gridley, 510 So. 2d 884 (l"la. 1987), cert. denied, 108 S.Ct. 1224 (1988) (civil discovery).
But See SCI Funeral Services of Florida, Inc. v. Light, 811 So. 2d 796, 798 (Fla. 4th DC\
2(02), noting that even though therc is no constitutional right of access to prefilcd
discovery matcrials, "it docs not necessarily follow that thcre is a constitutional right to
prevent access to discovery." (emphasis supplied by thc court).
Even though unfilcd discovery material is not accessible under the First Amendment,
it may be open to inspection under Ch. 119, FS., if the document is a public record
which is othcrwise subjcct to disclosure under that law. See e.g., Tribune Company v.
Pub/ic Records, 493 So. 2d 480, 485 (l"la. 2d DC\ 1986), review denied sub nom., Gillum
v. Tribune Company, 503 So. 2d 327 (Fla. 1987), in which the court reversed a trial
judge's ruling limiting inspection of police records produced in discovcry to those
materials which wcre made part of an open court filc because "this conflicts with thc
express provisions of the Public Records Act." Cf Florida Freedom Newspapers, Inc.
v. McCrary, 520 So. 2d 32 Wla. 1988), in which the Court noted that where pretrial
discovery material deve!opcd for the prosecution of a criminal case had rcached the
status of a public rccord under Ch. 119, FS., the material was subject to public inspection
as required by that statute in the absence of a court order finding that re!ease of the
matcrial would jcopardize the dcfendant's right to a fair trial. And see Post-Newsweek
90
GOVERNMENT -IN- THE-SUN SHIN E - MANUAL
Stations, Florida, Inc. v. Doe, 612 So. 2d 549 (Fla. 1992) (public's statutory right of
access to pretrial discovcry information in a criminal case must be balanccd against
a nonparty's constitutional right to privacy). But see White v. City of Fort Lauderdale,
No. 08-60771-CIV, 2009 WL 1298353 (S.D. Fla May 8, 20(9) (defendant in federal
lawsuit could not object to interrogatorics on basis that information was protectcd
as criminal investigative information since exemption relates only to production of
records); Nolan v. Integrated Real Estate Processing, LP, No. 3:08-cv-642-}34HTS, 2009
WL 635799 (MD. Fla. March 11, 20(9) (while Jilorida statutc makes complaint and any
information obtained pursuant to investigation confidential, plaintiffs only ask whcther
an invcstigation occurred and, if so, thc date thercof, case number, and outcome which
is not protected by statute from being disclosed in discovery).
d. Florida Bar
"(;ivcn that The Florida Bar is 'an official arm of the court,' see R. Regulating Fla.
Bar, Introduction, [the Florida Supreme] Court has previously rejected the Legislature's
power to regulate which Florida Bar files werc subjcct to public records law. . .." The
Florida Bar v. Committe, 916 So. 2d 741, 745 (Fla. 2(05). See also The Florida Bar, In
re Advisory Opinion Concerning the Applicability of Ch. 119, Florida Statutes, 398 So.
2d 446, 448 (l'la. 1981) (Ch. 119, FS., does not apply to unauthorized practice of
law investigative files maintain cd by the Bar). Cf Florida Board of Bar Examiners Re:
Amendments to the Rules of the Supreme Court of Florida Relating to Admissions to the
Bar, 676 So. 2d 372 (l''la. 1996) (no merit to argument that, under opcn governmcnt
constitutional amendment found at Art. I, s. 24, Fla. Const., all rccords in possession of
Board of Bar Examincrs should be open for inspection by applicant and the public).
e. Judicial Qualifications Commission and judicial nominating commissions
The procecdings by or before thc Judicial Qualifications Commission are
confidential until formal chargcs against a justice or judge are filed by the Commission
with the clerk of the Florida Suprcme Court; upon a finding of probable causc and
thc filing of such formal charges with the clerk, the chargcs and all further proccedings
before thc Commission arc public. See Art. V, s. 12(a)(4), PIa. Const; Media General
Convergence, Inc. v. Chief Judge of the Thirteenth Judicial Circuit, 840 So. 2d 1008 (Fla.
20(3).
With regard to judicial nominating commissions, I\rt. V, s. II(d), Fla. Const.,
providcs that "[e]xcept for deliberations of the. . . commissions, the procecdings of
the commissions and thcir records shall be open to the public." See Inf. Op. to host,
November 4, 1987, concluding that correspondencc between a membcr of a judicial
nominating commission and persons \\~shing to obtain an application for a vacant
seat on a District Court of i\ppeal is a public record subject to disclosure. Accord Inf.
Op. to Russell, i\Ugust 2, 1991 (documcnts made or received by a judicial nominating
commission in carrying out its duties arc open to inspection).
However, records pertaining to voting, including vote sheets, ballots, and ballot
tally sheets "arc clearly part of the deliberation process" and, therefore, are not subject
to public disclosurc. the Justice Coalition v. The First District Court of Appeal Judicial
Nominating Commission, 823 So. 2d 185, 192 (Fla. 1 st DCA 20(2). In addition, personal
notes of individual commission members made during the deliberation process are not
91
_._-~-,.,-
GOVERNMENT - IN- TH E-S UNSHINE- MANUAL
subject to disclosure bccause they arc mcre "precursors" of governmental records, and
thus fall outside thc definition of "public rccord." Id., citing to Shevin v. Byron, Harless,
Schaffir, Reid andAssociates Inc., 379 So. 2d 633 (Fla. 1980).
f. Jury records
(1) Grand jury
Proceedings before a grand jury are secret; thcrcfore, records preparcd for use
of the grand jury during thc regular performance of its duties are not subjcct to s.
119.07(1), FS. See Buchanan v. Miami Herald Publishing Company, 206 So. 2d 465 (Fla.
3d DCA 1968), modified, 230 So. 2d 9 (Fla. 19(9) (grand jury proccedings are "absolutely
privileged"); and In re Grand Jury, Fall Term 1986, 528 So. 2d 51 (Fla. 2d DC\ 1988),
affirming a trial court order barring public disclosure of motions filcd in accordance
with s. 905.28, FS., to reprcss or expunge stcmming from a grand jury prescntment not
accompanied by a true bill or indictment. See also AGO 90-48 (as an integral part of
the grand jury proceeding to securc witnesses, grand jury subpocnas would fall undcr
the "absolute privilege" of the grand jury and not bc subject to disclosure under Ch.
119, FS.).
Thus, a lettcr written by a city official to the grand jury is not subject to public
inspection. AGO 73-177. Nor are the names and addrcsscs of the members of the
grand jury subject to public disclosure under s. 119J17(I), FS., because this information
is privileged as part of thc grand jury proceedings. lnf. Op. to !\lexander, September
8, 1995. However, the clerk of court is not authorized to rcdact the name of a grand
jury forepcrson or the acting forcperson from an indictmcnt after it has bccn made
public. AGO 99-09.
It is important to emphasize, howevcr, that the cxemption from disclosure for
grand jury rccords docs not apply to thosc rccords which wcre preparcd by a public
agency independent of a grand jury investigation. In other words, public records which
are made or received by an agency in the performance of its official duties do not
become confidential simply bccause they are subscqucntlv viewed by the grand jury as
part of its investigation. ,\s the court stated in In re Grand Jury Investigation, Spring
Term 1988,543 So. 2d 757, 759 (l'la. 2d DC\ 1989):
Nor can wc allow thc grand jury to becomc a sanctuary for records which
arc othem~sc accessible to thc public. The mere fact that documcnts
have been prcscnted to a grand jury does not, in and of itself, cloak them
in a permancnt state of secrecy.
Accordingly, it has been held that a state attorney and sheriff must provide public
access to investigative records regarding a judge that wcre compilcd independently of
and prior to a grand jury's investigation of the judgc. In re Grand Jury Investigation,
Spring Term 1988, supra. See also In re Subpoena To Testifj Beftre Grand Jury, 864 F.2d
1559 (11 th Cir. 1989) (trial court's authority to protect authority of grand jury process
enabled court to prcvent disclosurc of matcrials prepared for grand jury proccedings;
however, court not empowercd to prohibit disclosure of documents assembled
indcpendent of grand jury proceedings).
92
GOVERNMENT-IN-THE-SUNSHINE -MANUAL
There are a number of statutes which relate to secrecy of grand jury proceedings.
See ss. 905.24-905.28, F..S., and s. 905.395, ES. (statcwide grand jury). But See Butterworth
v. Smith, 110 S.Ct. 1376 (1990) (provisions of s. 905.27, ES., which prohibit "a grand
Juror. . . reportcr . . . or any other pcrson" appearing before a grand jury from ever
disclosing testimony before the grand jury except pursuant to a court order were
unconstitutional insofar as they prohibit a grand jury witncss from disclosing his own
testimony aftcr thc term of the grand jury has ended).
(2) Trial jury
In Kever v. Gilliam, 886 So. 2d 263 (Fla. 1 st DCA 2(04), the appcllate court ruled
that the clerk of court was required to comply with appcllant's public records rcquest
for names and addresses of trial court jurors empanellcd in his trial. Accord AGO 05-61
(statute rcquiring Department of I-lighway Safety and Motor Vehicles to provide driver
liccnse information to courts for purposes of cstablishing jury selcction lists does not
operate to exempt from public disclosure jurors' names and addresses appearing on a
jury list compiled by the clerk of court). Cf Sarasota Herald-Tribune v. State, 916 So. 2d
904, 909 (lila. 2d DCA 2(05) (while "[tJhere are unquestionably timcs when it might
be necessary for a trial judge to impose mcdia restrictions on thc publication of juror
information, . . ." trial court order prohibiting news media from publishing names and
addrcsscs of prospective or seated jurors in the high profile murder trial constituted a
prior restraint on speech).
g. Sunshine in Litigation Act
Thc Sunshine in Litigation Act, s. 69.081, FS., provides, with limited exceptions,
that no court shall enter an ordcr or judgment which has the purpose or effcct of
concealing a public hazard or which has the purpose or effect of conccaling any
information which may be useful to members of the public in protecting themselves
from injury which may result from a public hazard. See Jones v. Goodyear Tire 6- Rubber
Company, 871 So. 2d 899 (l<la. 3d DC\ 2(03), review denied, 886 So. 2d 227 (Fla. 2(04)
(jury finding in favor of mechanic who was injurcd by an exploding tirc established
that the tire was a "public hazard" for purposes of thc Sunshine in Litigation Act;
thus, reversal of prctrial confidentiality order was required). See also State v. American
Tobacco Company, No. CL 95-1466-1\1-1 (l'la 15th Cir. Ct. July 28, 1997) (Sunshine in
Litigation Act is constitutional).
Additionally, s. 69.081 (8), FS., providcs that any portion of an agrecmcnt which has
the purpose or effect of concealing information relating to the scttlcment or resolution
of any claim or action against an agency is void, contrary to public policy, and may not
be enforccd. Settlemcnt records must be maintained in compliance with Ch. 119, FS.
See Inf. Op. to Barry, June 24, 1998, citing to s. 69.081 (8) (a), and stating that "a state
agency may not enter into a settlcment agreemcnt or other contract which contains
a provision authorizing the concealment of information relatmg to a disciplinary
proceeding or other advcrsc employment decision from the rcmaindcr of a personne!
file." However, this subsection does not apply to trade secrets protected under Ch.
688, FS., proprietary confidential business in formation, or other information that is
confidential under state or fedcral law Section 69.081 (8), FS.
4. Legislature
93
GOVERNMENT -IN- THE -SUNSHINE- MANUAL
Thc Public Rccords Act does not apply to the ICgislative branch. Locke v. Hawkes,
595 So. 2d 32 (Fla. 1992). In Locke, the Court ruled that thc definition of "agcncy" in
the Public Records Act does not include the Legislaturc or its members.
However, thcre is a constitutional right of access to legislative records providcd
in Art. I, s. 24, Fla. Const. Pursuant to this provision, "[e]very person has the right
to inspcct or copy any public record made or received in connection with the official
busincss of any public body. . . ." The right of access spccifically includcs thc legislative
branch. ,\rticle I, s. 24(a), Fla. Const. Thc Lcgislature, however, may providc by general
law for the exemption of records provided that such law must state with specificity
the public nccessity justifying the exemption and be no broader than necessary to
accomplish the stated purpose of the law. Article I, s. 24(c), Fla. Const. Each house of
the Legislature is authorized to adopt rulcs governing the enforcement of this section
in relation to rccords of the legislative branch. Id. Any statutes providing limitations
on access which were in effect onJuly 1, 1993, continue in force and apply to records
of the legislative branch until repealed. ;\rticle I, s. 24(d), Fla. Const.
Section 11.0431(2), F.S., lists legislative records which arc cxcmpt from inspection
and copying. The text of s. 11.0431, FS., is sct forth in Appendix I': See Media General
Operation, Inc. v. Feeney, 849 So. 2d 3, 6 (Fla. 1st DCA 2(03), in which the court
rejected the argument that records containing telephonc numbcrs for calls made by
legislative employees in connection with official business could bc redactcd bccause
disclosurc of thc numbcrs could rcsult in "unreasonable conscqucnces to thc persons
called"; however, under the circumstances of thc case, employees could redact thosc
portions of the records reflecting personal calls.
There are several other statutory provisions which arc applicable to legislative
records. See e.g., s. 11.26(1), FS. (legislative employecs are forbiddcn from revealing
to anyonc outside the area of their dircct responsibility the contcnts or nature of any
request for sen;ces made by any mcmber of thc Lcgislaturc exccpt with the consent of
the legislator making the request); and s. 15.07, FS. (the journal of the executive session
of the Senate shall bc kept free from inspection or disclosure except upon ordcr of the
Senate itself or some court of competent jurisdiction).
5. Governor and Cabinet
The Governor and Cabinet have duties which derive from both the Constitution
and the I,egislature. Because of separation of powers principles, the legislatively created
Public Records Act does not apply to records gathercd in the course of carrying out
a specific duty or function which has been assigned to the Covernor and Cabinet by
the Constitution rather than by statutc. See ACO 86-50, stating that materials collected
by thc Parole and Probation Commission pursuant to direction of thc Governor and
Cabinct for pardons or other forms of clcmcncy authorizcd by Art IV. s. 8(a), Fla.
Cons!., are not subject to Ch. 119, FS.
The Public Records Act, howevcr, docs apply to the Governor and Cabinet when
sitting in their capacity as a board created by the Legislature such as the Board of
Trustees of thc Internal Improvement Trust Fund. In such cases, the Governor and
Cabinet are not exercising powcrs derived from the Constitution but are subjcct to thc
"dominion and control" of the Legislature.
94
GOVERNMENT-lN- THE-SUNSHINE-MANUAL
In addition, Art. I, s. 24, Fla. Const., cstablishes a constitutional right of access
by providing that "every person" shall have a right of access to public rccords of
thc executive branch and of "each constitutional officcr, board, and commission, or
entity created pursuant to law or this Constitution" except as otherwise providcd in this
section or specifically made confidcntial in thc Constitution.
6. Commissions created by the Constitution
A board or commission crcated by the Constitution is not subject to Ch. 119,
ES., inspection requiremcnts when such board or commission is carrying out its
constitutionally prescribed duties. See AGO 86-50 (Ch. 119, FS., is not applicable to
materials gathered by thc Parole and Probation Commission regarding an application
for clemcncy since the clemency power is exclusively constitutional). Cf Kanner v.
Frumkes, 353 So. 2d 196 (Fla. 3d DC\ 1977) Gudicial nominating commissions are not
subject to s. 286.ll11, FS.), and A(;O 77-65 (Ch. 120, FS., is inapplicable to Constitution
Revision Commission established bv .\rt. XI, s. 2, Fla. Const., because the commission
is authorized in that section to adopt its own rules of procedure).
Accordingly, the Florida Supreme Court has ruled that the Public Records Act
docs not apply to thc elemency investigative files and reports produced by thc Parole
Commission on behalf of the Governor and Cabinct relating to the granting of
clcmency. Relcase of such matcrials is govcrned by the Rules of Executive Clemency
adoptcd by the C;ovcrnor and Cabinet, sitting as the clemency board. Parole Commission
v. Lockett, 620 So. 2d 153 (Ha. 1993). Accord Jennings v. State, 626 So. 2d 1324 (l'la.
1993).
It should be emphasized, however, that there is a diffcrence betwecn the status of
a commission created by the Constitution which cxercises constitutional duties and a
commission whose crcation is merely authorized by the Constitution and whose dutics
are established by law. While the formcr is not subject to the Public Rccords Act, it has
been held that a commission pcrforming dutics assigned to it by the Legislature must
comply with the open government laws. See Turner v. V'lainwright, 379 So. 2d 148 (Fla.
I st DCA 1980), affirmed and remanded, 389 So. 2d 1181 (lila. 1980), holding that the
Parole Commission, which Art. IV, s. 8(c), Fla. Const., recognizcs may be created by
law, is subject to s. 286.011, F.S., in carrying out its statutory duties and responsibilities
relating to parolc.
Morcover, Art. I, s. 24, Fla. Const., providcs a constitutional right of access for
public records of cach branch of government, and "each constitutional officer, board,
and commission, or cntity created pursuant to law or this Constitution." The only
exceptions to thc right of access arc those records cxempted pursuant to s. 24 or
specifically made confidential by thc Constitution. Articlc I, s. 24(a), Fla. Const. See
King v. State, 840 So. 2d 1047 (Fla. 20(3) (clemency records exempt pursuant to s.
14.28, FS., providing that records madc or received by any statc entity pursuant to a
Board of Executive Clemcncy investigation are not subJect to public disclosure).
C. WHAT KINDS OF AGENCY RECORDS ARE SUBJECT TO THE
PUBLIC RECORDS ACT?
1. Computer records
95
GOVERNMENT -IN- THE-SUNSHINE- MANUAL
a. Computer records are public records
In 1982, the Fourth District Court of Appeal stated that information stored in a
public agency's computer "is as much a public record as a written page in a book or a
tabulation in a file stored in a filing cabinet. . . ." Seigle v. Barry, 422 So. 2d 63, 65 (Fla.
4th DCA 1982), review denied, 431 So. 2d 988 (Fla. 1983).
Numerous Attorney General Opinions have cited Seigle for the principle that
the Public Records Act includcs computer records as well as papcr documents, tape
recordings, and other more tangible materials. See e.g., AGO 98-54 (application and
disciplinary reports maintained in a computer system operatcd by a national securitics
dealers association which are received electronically by state agency for use in licensing
and regulating securitics dcalcrs doing busincss in I ilorida are public records subject to
Ch. 119); AGO 91-61 (agency must provide copy of computer disk in response to Ch.
119 request); and AGO 85-03 (computer tape subject to disclosure).
Thus, information such as electronic calendars, databases, and word processing
files stored in agency computers, can all constitute public records becausc records made
or received in the course of official business and intended to perpetuate, communicatc
or formalize knowlcdge of somc type, fall wirhin the scope of Ch. 119, FS. AGO
89-39. Compare l\GO 85-87 (to thc cxtent that "machine-rcadable intcrmcdiate files"
may bc intcnded to "communicate" knowledge, any such communication takes place
completely within the data processing equipment and in such form as to render any
inspection pursuant to Ch. 119, FS., unintelligible and, except perhaps to the computer
itself, mcaningless; therefore, these files arc analogous to notes uscd to preparc somc
other documentary matcrial, and they are not public records).
Moreover, the definition of "public records" specifically includes "data proccssing
software" and cstablishes that a record made or received in conncction with official
business is a public rccord, regardless of physical form, charactcristics, "or mcans of
transmission." See s. 119.011 (12), FS. "Providing access to public rccords is a duty of
each agency." Section 119.01 (1), FS. ":\utomatton of public records must not erode the
right of access to those records." Section 119.01 (2) (a), li.S. "i\S each agency incrcases
its use of and dependence on electronic rccordkccping, cach agency must provide
reasonable public acccss to records electronically maintained and must cnsure that
excmpt or confidential records are not disclosed except as otherwise permitted by law."
Id. Cf s. 287.042(3)(h), ES., providing for the Department of State, in consultation
with the Agcncy Chief Information Officcrs Council, to dcvelop procedures to be used
by state agencics when procuring information tcchnology commodities and contractual
services to ensurc compliance ,,~th public records requirements and records retcntion
and archiving requirements.
i\ccordingly, electronic public records are governed by the same rule as writtcn
documcnts and other public records--the records arc subjcct to public inspection
unless a statutory exemption exists which removes thc records from disclosure. See
National Collegiate Athletic Association lJ. The Associated Press, Case No. ID09-4385 (Fla.
1 st DCA filed October 1, 20(9) (public records law is not limitcd to papcr documents
but applies to documents that eXIst only in digital form). And see j\CO 09-19 stating
that the placement of material on a city's Facebook page presumably would be in
conncction with the transaction of official busincss and thus subject to Ch. 119; thc
96
GOVERNMENT - IN- THE-S UNSHINE- MANUAL
determination, however, in any given instance as to whether information on thc city's
Facebook page constitutcs a public record will depend on whether such information
is made or received in connection with the transaction of official business by the city.
Similarly, whether the Facebook pages of thc "friends" of the city are also subject to
Ch. 119 depends on whether such pages and information contained thcrein are made
or received in connection of the transaction of official business by, or on bchalf of, a
public agency. !d. Cf AGO 90-04, stating that a county official is not authorized to
assign the county's right to a public record (a computer program deve!opcd by a former
employec whilc he was working for the county) as part of a scttlcmcnt compromising
a lawsuit against the county.
b. "E-Mail"
"I I-mail" messagcs made or received by agency employecs in connection with
official business are public records and subject to disclosurc in thc absence of an
cxcmption. AGO 96-34. Such mcssagcs are subjcct to the statutory restrictions on
destruction of public records. See s. 257.3()(6), i':S., stating that a public rccord may
be destroycd or othcrwisc disposed of only in accordance with retention schedulcs
established by thc Division of Library and Information Services (division) of the
Department of Statc; and s. 119.021(2)(b), FS., providing that each agency shall
comply with rules establishing retcntion schedules and disposal processes for public
rccords which arc adopted by the rccords and information management program of
the division. And see In re Amendments to Rule of Judicial Administration 2.05/. --Public
Access to Judicial Records, 651 So. 2d 1185, 1186 (Fla. 1995) (definition of "judicial
records" in Rule 2.420 of thc Rulcs of Judicial Administration, "includcs information
transmitted by an e~mail system").
The nature of information--that is, that it is electronically gencrated and
transferred--has been dctcrmined not to altcr its character as a public rccord undcr
the Public Records ,\ct. I\GO 01-20. Thus, thc c~mail communication of factual
background information and position papers from one official to another is a public
record and should be rctained in accordance with the retention schedule for othcr
rccords relating to performance of the agcncy's functions and formulation of policy.
Id. Similarly, c-mails sent by city commissioncrs in conncction \\~th the transaction
of official business arc public records subjcct to disclosurc even though the e-mails
contain undisclosed or blind recipients and their c~mail addrcsscs. AGO 07-14. Cf Inf.
to Trovato, Junc 2, 2009, declining to comment on whether text messagcs arc public
records subject to disclosure as the issue was bcing considered by a Broward County
circuit court in Fort Lauderdale Fraternal Order of Police Lodge No. 31, Inc. v. Gretsas,
Case No. 08-32515 (17th Judicial Cir., Broward Co.).
(1) Personal e-mail
The lilorida Supreme Court has ruled that private e~mail stored in government
computers does not automatically becomc a public rccord by virtue of that storage. State
v. City of Clearwater, 863 So. 2d 149 (lila. 20(3). ':Just as an agency cannot circumvcnt
the Public Rccords Act by allowing a private entity to maintain physical custody of
documcnts that fall within thc definition of 'public records,' . . . private documents
cannot be deemed public records solely by virtue of their placement on an agcncy-
owned computer." Id. at 154. The Court cautioned, however, that thc case before it
97
GOVERNMENT-IN- THE-SUN SHINE- MANUAL
did not involve e-mails "that may have been isolated by a government employcc whose
job rcquircd him or her to locate employee misuse of government computers." Id at
151n.2. Compare Miami-Dade County v. Professional Law Enftrcement Association, 991
So. 2d 1289 (Fla. 3d DCA 2009) (personal flight log of pilots paid by county which
are requircd as part of pilot's administrativc duties arc distinguishablc from pcrsonal
e-mails in City ofClcarwater casc and arc subject to disclosure). Cf Grapski v. Machen,
Case No. 01-2005-C\-4005.J (l"la. 8th Cir. Ct. May 9, 20(6), affirmed per curiam, 949
So. 2d 202 (Fla. 1 st DCi\ 20(7) (spam or bulk mail rcccived by a public agency does not
necessarily constitutc a public record).
(2) E-mail address public records disclosure statement
Section 668.6076, FS., enacted by the 2006 Legislature, requires that any agency
as dcfined in s. 119.011 (1), FS., or legislative cntity that operates a website and uscs
electronic mail must post the following statcment in a conspicuous location on its
website:
Undcr Florida law, e-mail addresscs arc public records.
If you do not want your e-mail address released in responsc to a public rccords
request, do not send elcctronic mail to this entity. Instead, contact this office
by phonc or in writing.
c. Formatting issues
Each agency that maintains a public rccord in an electronic recordkeeping systcm
shall provide to any pcrson, pursuant to Ch. 119, FS., a copy of any public rccord in
that system which is not cxempted by law from public disclosure. Section 119.01 (2)
(I), FS. ;\n agency must provide a copy of the record in the medium requcsted if the
agency maintains thc rccord in that medium, and thc agency may charge a fee which
shall be in accordance with Ch. 119, FS. !d. Thus, a custodian of public rccords must,
if asked for a copy of a computcr software disk used by an agcncy, provide a copy of
the disk in its original format; a typed transcript would not satisfy the requirements
of s. 119.07(1), FS. AGO 91-61. Cf AGO 06-30, in which the Attorney General's
Office stated that an agcncy may respond to a public records requcst requiring the
production of thousands of documcnts by composing a static web page where the
responsive public documcnts are posted for viewing if the requesting party agrees
to thc proccdure and agrecs to pay the administrativc costs, in lieu of copying the
documents at a much greater cost.
However, an agency is not generally required to reformat its records to mcet a
requestor's particular necds. ;\s stated in Seigle v. Barry, supra, the intent of Ch. 119,
F.S., is "to make available to the public information which is a matter of public record,
in some meaningful form, not necessarily that which the applicant prefers." 422 So.
2d at 66. Thus, in AGO 97-39, the Attorney General's Office concluded that a school
district was not rcquircd to furnish elcctronic public rccords in an electronic format
other than the standard format routinely maintained by the district.
Despite the general rule, however, the Seigle court recognized that an agcncy may
be required to provide access through a specially dcsigned program, prepared by or at
98
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
the expcnse of the requestor, where:
1) available programs do not access all of thc public rccords
stored in the computer's data banks; or
2) thc information in the computcr accessiblc by the usc of available
programs would include cxempt information necessitating a special
program to delcte such cxcmpt items; or
3) for any rcason thc form in which thc information is proffcrcd
docs not fairly and mcaningfully rcprcsent thc rccords; or
4) the court determines other exccptional circumstances exist
warranting this special remedy. 422 So. 2d at 66-67.
For the purposc of satisfying a public records request, the fce to bc charged by an
agcncy if it elects to provide a copy of a public rccord in a medium that is not routinely
uscd by the agcncy, or if it elects to compile information that is not routine!y deve!oped
or maintaincd by the agency or that requires a substantial amount of manipulation or
programming, must be in accordancc with s. 119.07(4), FS. (authorizing imposition
of a special scrvice charge if extensivc information tcchnology rcsources or labor are
required). Scction 119.01 (2)(f), FS.
When designing or acquiring an e!ectronic recordkecping system, an agency must
consider whether such system is capable of providing data in somc common format
such as, but not limited to, thc ~\mcrican Standard Code for Information Intcrchange.
Scction 119.()] (2) (b), FS. "\n agency may not enter into a contract for thc creation or
maintenance of a public rccords databasc if that contract impairs thc ability of thc
public to inspect or copy the public records of that agency, including public records
that are on-line or stored in an electronic recordkceping system used by the agency.
Section 119.01 (2)(c), FS.
The importancc of cnsuring public acccss to computer rccords is recognized
by statutc and in the electronic recordkeeping rules of the Division of Library and
Information Services of the Dcpartment of Slate. Section 287.c)42(3)(h), ES., requircs
the Department of Management Services to dcvelop, in consultation with thc Agcncy
Chief Information Officers Council, procedures to be uscd by statc agcncies when
procunng information technology commodities and contractual scrvices to ensure
compliance with public records rcquircments and records-rctention and archiving
requirements. And see s. 119.0j (2)(a), FS., stating that the "Ialutomation of public
records must not crodc the right of access to those records. j\s each agcncy increases
its use of and depcndence on elcctronic recordkeeping, each agency must provide
reasonable public access to rccords electronically maintained and must ensure that
cxcmpt or confidential rccords arc not disclosed exccpt as othcrwise permitted by
law." See s. 257.14, FS., cstablishing rulemaking authority of the Division regarding
records management. Rulc IB-26.cJ03(6)(g)3., FA.C., provides that "[eJach agency shall
ensure that current and proposed elcctronic recordkeeping systcms adequately provide
for the rights of the public to access public records under Chapter 119, FS." Cf Inf.
Op. to Moore, October 19, 1993, noting that an agency considering the acquisition
of computer softwarc should be responsive to the necd for prescrving public accessr
99
GOVERN MENT-IN- THE-SUNSHINE- MANUAL
to the information through use of the computer's software and that "[t]he design
and development of the software, thcreforc, should ensure that the system has the
capability of rcdacting confidcntial or exempt information when a public records
request is made,"
d. Remote access
Section 119.07(2)(a), F.S., states that "[a]s an additional means of inspecting or
copying public records," a custodian may provide access to public records by remote
electronic mcans, providcd exempt or confidential information is not disclosed. Thus,
an agency is authorized but not required to permit remote electronic access to public
records. And see s. 119.01 (2) (e), ES., establishing that "[pjroviding access to public
records by remote electronic means is an additional mcthod of access that agencies
should strive to provide to the extent feasible"; and, that agcncies providing remotc
access should do so "in the most cost-effective and cfficicnt manner available to the
agcncy providing thc information." Cf Rea v. Sansbury, 504 So. 2d 1315, 1317-1318
(Fla. 4th DCA 1987), review denied, 513 So. 2d 1063 (Fla. 1987) (while county posscsscs
statutory authority to facilitate inspection of public records by electronic means, this
"docs not mcan that cvery means adopted by the county to facilitatc the work of county
employees ipso facto requires that the public bc allowcd to participate therein").
Section 119.07(2)(b), ES., requires the custodian to provide safeguards to protect
the contents of the public records from unauthorizcd electronic access or alteration
and to prevent the disclosure or modification of those portions of the records which
arc cxempt from disclosure.
Unless otherwise requircd by law, thc custodian may charge a fec for rcmote
e1cctronic access, granted undcr a contractual arrangcmcnt with a user, which fee
may includc thc dircct and indirect costs of providing such access. However, fees for
remote electronic access provided to the general public must be in accordance with the
provisions of s. 119.07, I':s. Scction 119.07(2)(c),
FS.
e. Security exemptions
Risk analysis information relative to security threats to data, information, and
information technology resources of an agency is confidential and exempt. Section
282.3 I 8(4)(c), FS. Internal policies and procedures to assure the security of the data and
information technology rcsources which, if disclosed, could facilitate thc unauthorized
modification, disclosure, or destruction of data, information, or information
technology rcsourccs are confidential and exempt. Section 282.318(4)(d), F.S. Results
of periodic audits and evaluations of a security program for an agency's data and
information tcchnology resources are confidcntial and exempt. Section 282.318(4)(1),
ES. Risk analysis information, internal policies and procedures and results of periodic
audits and evaluations made confidential by the abovc subsections shall be available
to the Auditor General and the Agency for I \ntcrprisc Information Technology for
performing postauditing dutics. Section 282.318(4)(c), (d) and (I), F.S.
f. Software created by an agency
100
GOVERNMENT-IN- THE -S UNSHIN E- MANUAL
(1) Copyrighted agency-created software
Section 119.084(2), FS., authorizes agencics to hold and enforce copyrights
for data proccssing software created by the agency. The agcncy may scll or licensc
thc copyrighted software and may cstablish a licensc fee for its usc. The priccs or
fccs for the sale or licensing of the copynghted software may bc based on market
considerations.
However, thc price or fee for providing agency-created and copyrightcd data
processing softwarc to an individual soldy for application to data or information
maintained or generatcd by thc agency that crcated the software must be limited to thc
fces prescribed in s. 119.07(4), PS Thus, while s. 119.084, FS., allows public agcncies
to copyright software which thcy have created and to charge a fee based on markct
considerations, if thc public must use the softwarc in order to access agency public
records, thc agency must charge the fce provided in s. 119.07(4), FS., and not the
markct - based fee.
(2) "Sensitive" agency-created software
Agency-produced data processing software which is sensitive is excmpt from
disclosure. Section 119.071(1)(f), FS. Section 119.clll(13), FS., dcfines the term
"sensitive" to mcan "only those portions of [agcncy-produced] data processing
software, including the specifications and documentation" which arc uscd to collect,
proccss, store and retrieve exempt information, financial managcmcnt information such
as payroll and accounting records, or to control and direct access authorizations and
security mcasures for automated systems. See AGO 90-104, applying the cxemption to
agcncy-produccd software used to proccss voter registration information.
g. Trade secret exemptions
Thc Legislaturc has created an exemption for data processing softwarc which has
becn obtained by an agency undcr a licensing agrccment prohibiting its disclosure and
which is a trade secret as defined in s. 812.081, I':S. Section 119.071(1)(f), I\S. In order
for the cxcmption to apply, two conditions must be present: The licensing agrecmcnt
must prohibit disclosure of the software, and the software must meet the statutory
dcfinition of "trade secret" found in s. 812.081, FS. See ,\COs 90-104 and 90-102.
Section 815.04(3)(a), FS., pro~des that data, programs, or supporting
documentation which is a tradc sccrct as defined in s. 812.081, FS., and resides or exists
internal or cxtcrnal to a computcr, computer system, or computcr system network hcld
by an agcncy is confidential and exempt from s. 119.07(1), FS. This exemption applies
to tradc secrets marked as confidential and sent via elcctronic mail to an agency. Sepro
Corporation v. Department of Environmental Protection, 839 So. 2d 781, 785 (l'la. 1st
DCA 2(03), review denied sub nom., Crist v. Department of Environmental Protection,
911 So. 2d 792 (Fla. 20(5).
2. Election records
a. Ballots
101
GOVERNMENT -IN- THE-SUNSHlNE- MANUAL
Election rccords are generally open to public inspcction. An individual or group
is cntitled to inspect the ballots and may take notes regarding the number of votes cast.
AGO 93-48. Thc notes or count taken by the individual or group do not constitute
a recount of ballots for purposes of the Florida Election Codc. Id. See also Rogers v.
Hood, 906 So. 2d 1220, 1223 (l'la. 1st DCA 2(05), review denied, 919 So. 2d 436 (Fla.
2005) (voted ballots arc public records bccause they have "memorialized the act of
voting").
Section 119.07(5), FS., prohibits any person othcr than the supervisor of elcctions
or the supervisor's cmployees from touching the ballots. And see s. 101.572, FS. (no
persons other than the supervisor, supervisor's employccs, or the county canvassing
board shall handle any official ballot or ballot card). However, this rcstriction does
not prohibit the supervisor from producing copics of optically scanned ballots which
were cast in an elcction in responsc to a public records requcst. AGO 04-11. And see
AGO 01-37 (supervisor of elections required to segregatc overvote and undervote
ballots bv use of the county's optical scanning equipment pursuant to a public records
rcqucst even though the overvote and undcrvote ballots had already been segrcgatcd
manually, provided that the requestor pays for the costs of the mechanical segregation
in accordance with the Public Records i\ct).
b. Voter registration and voter records
Each supervisor of elections shall maintain for at least two years and makc
available for public inspection and copying, all records concerning implementation of
registration list maintcnance programs and activities conducted pursuant to ss. 98.065
and 98.075, FS. Section 98.045(3), F.S, Thc records must include lists of the name
and addrcss of each person to whom a notice was sent and information as to whether
each such person responded to the mailing, but may not It1clude any information that
is confidential or exempt from public records requirements under the IJecl10n Code.
Id.
Section 97.0585, FS., statcs that the following information concerning voters
and voter registration is confidential and exempt from public disclosure requiremcnts
and may be uscd only for purposcs of voter registration: declinations to registcr to
vote; information relating to the place where a pcrson registered to votc or updated a
votcr registration; the social security number, driver's license number, and the Florida
identification number of a votcr rcgistration applicant or votcr. The signature of
a voter rcgistration applicant or a voter may not be copicd and is exempt for that
purpose from disclosure requircments. Id. And see s. 741.465(2), I'S, providing an
exemption for the names, addresses, and telephonc numbers of participants in the
Address Confidentiality Program for Victims of Domestic Violence contained in voter
registration and voting records.
However, verified petition cards submitted by a candidate qualifying by thc
alternative mcthod are not registration records subject to restrictions on inspection and
copying under the Florida Election Code. AGO 02-63. See also AGO 02-67 (designation
that a change of addrcss has occurred does not make a candidatc petition card a voter
registration record). Compare AGO 04-18, concluding that thc supervisor of elections
must maintain the confidcntiality of personal information (home address, telephone
number) for ccrtain officers and employees which appears in petitions or campaign
102
GOVERN MENT -IN- THE-S UNSHIN E- MANUAL
papers if the affected employee or officer or his or her employing agency has filed a
written requcst for confidentiality to the supcrvisor as authorized in s. 119.07(3)(i)4.,
FS. [sec now s. 119.071(4)(d)2., ES.].
3. Financial records
Many agencies preparc or rcceive financial records as part of thcir official duties
and responsibilities. As with other public records, these materials are generally open
to inspection unless a spccific statutory excmption exists. See AGO 96-96 (financial
information submittcd by harbor pilots in support of a pilotage rate increasc application
is not exempt from disclosure requircmcnts).
a. Audit reports
(1) Auditor General audits
The audit report prepared by the Auditor Cencral is a public record when it has
been finalized. Section 11.45(4)(c), FS. The audit workpapers and notcs are not a
public record; however, those workpapers necessary to support the computations
in the final audit report may be madc available by a majority vote of the Lcgislative
Auditing Committee after a public hearing showing propcr cause. Id. And see AGO
79-75 ("the term 'audit work papers and notcs' should be construed narrowly and
limitcd to such 'raw data' as is commonly considered to constitute the work papcrs of
")
an accountant .
j\t the conclusion of thc audit, the Auditor General provides the head of the
agency being auditcd with a list of the adverse findings so that the agency head may
cxplain or rcbut them before the report is finalizcd. Section 11.45(4)(d), FS. This list of
advcrse audit findings is a public record. ACO 79-75.
(2) Local government audits
The audit report of an internal auditor prcpared for or on bchalf of a unit of
local government becomcs a public rccord when the audit bccomes final. Section
119.0713(3), FS. Thc audit becomes final when the audit rcport is presented to the
unit of local government; until the audit becomes final, the audit workpapcrs and notes
related to such audit report are confidential. Id.
Thus, a draft audit report of a county legal department which was prcpared by
the clerk of court, acting in her capacity as county auditor, did not becomc subject
to disclosure when the clerk submitted copics of her draft report to the county
administrator for review and response. Nicolai v. Baldwin, 715 So. 2d 1161, 1163 (Fla.
5th DCA 1998). According to the exemption, thc report would become "final," and
hencc subject to disclosurc, when prescnted to the county commission. Id.
The term "intcrnal auditor" is not defined for purposes of this exemption.
Howcvcr, thc term would appear to encompass an official within county government
who is responsible under the county code for conducting an audi!. ;\CO 99-07. Thus,
the exemption would apply to the Miami-Dade Inspector General when conducting
audits of county contracts pursuant to the county codc. Id. Compare ,\CO 04-33
103
GOVERNMENT-IN- THE-SUN SHINE-MANUAL
(exemption does not apply to audit of guardianship files prepared by clerk of court
becausc that audit "is not an intcrnal audit performcd by or on bchalf of any of the
specified units of local govcrnmcnt").
(3) State agency inspector general audits
Section 20.055, FS., rcquires each state agcncy to appoint an inspector gcncral to
conduct audits of the agency and prcparc audit reports of the findings. Such audit
reports and workpapers arc public records to the cxtent that they do not includc
information which has bcen made confidential and exempt from disclosure. Scction
20.055(5)(b), FS. Compare s. c:.4.b.(4), infra, relating to whistle-blower investigations.
b. Bids
Section 119.071 (1)(b) l.a, FS., providcs an exemption for "scalcd bids or proposals
reccivcd by an agency pursuant to invitations to bid or requcsts for proposals" until
such time as the agency providcs notice of a decision or intcnded decision pursuant to
s. 120.57(3)(a), FS., or within 10 days after bid or proposal opcning, whichever is earlier.
Andsee s. 119.071 (1)(b)1. b.,FS., providing a tcmporary exemption if an agcncy rejects all
bids or proposals submittcd in rcsponse to an invitation to bid or request for proposals
and thc agcncy concurrently provides notice of its intcnt to reissue the invitation to bid
or rcquest for proposals; s. 119J171(1)(b)2.a., FS., providing a temporary cxemption
for a competitive sealed reply in responsc to an invitation to negotiate, as defined in
s. 287.D12, FS.; and s. 119J)71(1)(b)2.b., FS., providing a tcmporary cxemption if an
agency rejccts all competitive sealcd rcplies in response to an invitation to negotiatc
and concurrently provides notice of its intent to rclssue the invitation to negotiatc
and reissues the invitation to ncgotiate as prclVlded in the exemption. Cf AC;O 84-
37, issued prior to the adoption of the exemption for scaled bids, noting that in thc
absence of statute it cannot be stated that bids or proposals received by a county arc
exempt from disclosure.
Any financial statement that an agency requires a prospectivc bidder to submit in
order to prequalify for bidding or for responding to a proposal for a road or any othcr
public works projcct is cxcmpt from disclosurc requirements. Section 119.071 (1)(c),
FS. See also s. 119.0713(4), FS., providing a limited cxemption for matcrials used by
municipal utilities to prepare bids.
c. Budgets
Budgets and working papcrs used to prepare thcm are normally subject to
inspection. Bay County School Board v. Public Employees Relations Commission, 382 So.
2d 747 (l'h. 1st DC\ 1980); Warden v. Bennett, 340 So. 2d 977 (l"'la. 2d DCA 1976);
and City of Gainesville v. State ex. reI. International Association of Fire Fighters Local No.
2157,298 So. 2d 478 Wla. 1st DCA 1974). Accordlnf. Op. to Pietro dangelo, No\'. 29,
1972 (financial operating budget of athletic department of state university constitutcs
a public record). Cf News-Press Publishing Company, Inc. v. Carlson, 410 So. 2d 546,
548 (l'la. 2d DCA 1982), holding that the prcponderant intcrest in allowing public
participation in the budget process justified the inclusion of an agency's intcrnal budgct
committee within the provisions of the Covernment in the Sunshine I,aw.
104
GOVERNMENT-IN- THE-SUNSHINE - MANUAL
Thc exemption afforded by s. 447.605(3), FS., for work products deve!oped by the
public employer in preparation for collective bargaining negotiations does not remove
the working papers used in prcparing an agency budgct from disclosurc. Warden v.
Bennett, supra. See also AGO 92-56 (budgct of a public hospital would not, in and
of itself, appear to constitute either a tradc secret or marketing plan for purposes of
a statutory exemption for documents revealing a hospital's marketing plan or trade
sccrets) .
d. Economic development records
(1) Convention center booking business records
Booking business records of a public convention centcr, sports facility, or
auditorium arc cxempt from public disclosurc. Section 255.047(2), FS. The statutc
defines "booking busincss records" to includc "client calendars, client lists, exhibitor
lists, and marketing files." Section 255.047(1)(a), F.S. The term does not include
"contract negotiation documents, lease agreements, rental rates, event invoices, event
work ordcrs, ticket sales information, box office records, attendance figures, payment
schedules, ccrtificates of insurancc, accident reports, incident rcports, or correspondence
specific to a confirmed event." !d.
(2) Business location or expansion plans
Section 288.075(2)(a), FS., pro\~des that upon writtcn rcquest from a private
entity, information held by an economic dcvelopment agcncy concerning the plans,
intentions, or intercsts of such entity to locate or expand its business activitics in Florida
is confidcntial and exempt from disclosure for 12 months after the date an economic
dcvelopment agency rcceivcs a request for confidcntiality or until thc information is
othcrwise disclosed, whichcvcr occurs first. Confidentiality may be extended for up to
an additional 12 months upon the writtcn rcquest of the private entity if the agency
finds that the private entity is still actively considering locating or expanding its business
activitics in Florida. Section 288.075(2)(b), FS. A public officer or employee may not
enter into a binding agreement with any corporation, partnership, or person who has
requested confidcntiality of the information under this subsection until 90 days after
the information is made public unless: 1. The public officer or employce is acting
in an official capacity, 2. The agreement does not acctue to the personal benefit of
such public officer or employee, and 3. In the professional Judgment of the officer or
employee, the agreement is necessary to effectuatc an economic development project.
Section 288.075(2)(c), FS.
Developmcnt plans, financial records, financial commitmcnt letters and draft
memoranda of undcrstanding between a Florida city and a company that is interested
in locating its business activities in the city and dcveloping a large project there would
appcar to be "records which contain or would provide information concerning plans,
intentions, or intcrests of such private corporation. . . to locatc, re!ocate, or cxpand
any of its business activities" in Florida. :\GO 04-19. However, the burden is on
the economic development agency "to carefully and in good faith distinguish betwccn
those documents clearly covercd by thc exemption and those not covered." Id
A writtcn requcst for confidcntiality under s. 288.075(2), FS., may constitute or
105
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
contain information requircd to be held confidential under that statute; howevcr, such
a determination must be made by the custodian on a case-by-casc basis as to whcther
a particular record or portion of a record falls within the scope of thc exemption.
AGO 07-15. The section, howevcr, may be cited by the records custodian as statutory
authority for withholding information from public inspcction and copying under the
Public Records Law without violating the required confidentiality provisions of the
statute. Id.
Trade secrets, as defined in s. 812.081, ES., contained in thc rccords held by an
economic dcvelopment agcncy are confidential and cxempt from disclosure. Section
288.075(3), FS. Cf AC;O 80-78 (county industrial developmcnt authority permittcd to
withhold access only to those records "clearly falling" within the exemption provided
in s. 288.075; "policy considcrations" do not justify nondisclosure of public rccords).
Proprietary confidential business information held by an economic development
agency is confidential and exempt until such information is otherwise publicly available
or is no longer treatcd by the proprietor as propnetary confidcntial busincss information.
Scction 288.075(4), FS. Fcderal employer identification numbers, unemployment
compensation account numbers, or Florida sales tax rcgistration numbers held by an
economic development agency are confidential and excmpt. Section 288.075(5), ES. In
addition, section 288.075(6), FS., makes certain other information held by an economic
developmcnt agency pursuant to the administration of an economic incentive program
for qualified businesses confidential and exempt for a pcriod not to cxceed thc duration
of the incentivc agrcement, including an agreement authorizing a tax refund or tax
credit, or upon termination of thc incentivc agreement.
The term "economic developmcnt agency" means the state Officc of Tourism,
Trade, and Economic Developmcnt, an industrial dcvelopment authority, Space Florida,
the public cconomic development agency of a county or municipality, or a rcsearch and
development authority. Also included arc the county or municipal officers or employces
assigned the duty to promote the general business interests or industrial intcrcsts of
that county or municipality or the related responsibilities, if the county or municipality
docs not have a public economic developmcnt agency. The term also includes private
persons or agencics authorized by the state, a county or a municipality to promote the
gcneral business intcrests of the state or that municipality or county. Section 288.075(1)
(a), FS. Cf s. 288.9551, I'~S. (Scripps Florida Funding Corporation).
(3) Tourism promotion records
There are sevcral statutes which exempt certain information obtained or held by state
or local tourism agencies. For examplc, s. 125.0lO4(9)(d)1., FS., exempts information
given to a county tourism promotion agency, which, if releascd, would reveal thc identity
of those who provide information in response to a sales promotion, advertisement, or
rcscarch project or whose namcs, addresscs, mccting or convention plan information or
accommodations or other visitation needs become booking or reservation list data.
Section 125.0104(9)(d)2., I\S., providcs an exemption for the following rccords
whcn held by a county tourism promotion agency: booking business records, as
defined in s. 255.047, FS.; a tradc sccrct as defined in s. 812.081, FS.; trade sccrets
and commercial or financial information gathered from a person and privilegcd or
106
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
confidential, as dcfined and interprcted under citcd federal law. See also ss. 288.1224(7)
and 288.1226(8), FS. (confidentiality of certain data submitted as part of markcting or
advertising research projects undertaken by state tourism agencies).
e. Personal financial records
In the absence of statutory exemption, financial information prcpared or rcceived
by an agency is usually subject to Ch. 119, FS. See Wallace v. Guzman, 687 So. 2d 1351
(Fla. 3d DC\ 1997) (personal income tax rcturns and financial statements submittcd
by housing finance authority members as part of the authority's application to organize
a bank are subject to disclosure).
For example, county records of paymcnts made by individuals for waste collection
scrvices are public records. AGO 88-57. See also AGO 04-16 (financial documents
contained in licensing file); AGO 92-09 (customcr delinquency information held by a
utilitics commission is subject to disclosure); and Inf. Op. to Lovelace, i\pril 3, 1992
(records idcntifying mortgage recipients held by a bank acting as agent of a housing
finance authority in granTIng mortgages funded by the authority are public records).
Cf AGO 73-27H (reports submitted to agenc\' in connection \\~th permit application
open to inspection unless submitted by a consumer reporting agency whosc reports are
subject to nondisclosurc provisions in fcderal law; in that evcnt, reports are subject to
public inspection only as authorized in fcderallaw).
Therc arc some specific exemptions, however, that are applicablc to certain
payment rccords or information. Bank account numbers and debit, chargc, and credit
card numbers held by an agency arc cxempt from public disclosure. Section 119.071 (5)
(b), FS. See also s. 119.0714(1)(j), ES. (bank account numbers and debit, charge, and
credit card numbers he!d in court records are exempt as provided in s. 119.071 [5] [b]);
s. 119.0714(2)(a)and (e)I., FS. (untilJanuary 1,2011, if a bank account, dcbit, charge,
or crcdit card number is includcd in a court file, such number may be included as part
of the court record available for public inspection and copying unless redaction is
requcstcd by the holder of such numbcr or by the holder's attorney or lcgal guardian;
after that datc no request for redaction is required to kecp such records confidential
and cxcmpt as provided in s. 119J171 [5I1bl, ES.). And see s. 1 I 9J1714(3) (b), ES.,
providing that if a bank account, debit, charge, or credit card number is included in
an official record, such number may be madc available as part of the official records
availablc for public inspection and copying unless redaction is requested by the holdcr
of such number or the holder's attorncy or legal guardian; however, if such record is
in electronic format, on or aftcr January 1, 2011, the count\' rccorder must usc his or
her best effort, to keep complcte bank account, debit, charge, and credit card numbers
exempt as providcd for in s. 119.071 (5) (b), without a rcquest for redaction. Thc holder
of a bank account, dcbit, charge, or credit card number, or the holder's attorncy 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 I nternct website or on a
publicly available Intcrnet website used by a county recorder to display public rccords,
or othet'\vise made electronically available to the public, his or her bank account, debit,
charge, or credit card number containcd in that official record. Section 119.0714(3)
(c), FS.
107
GOVERNMENT-IN- THE-SUNSHINE-MANUAL
Health or property insurance information furnished by an applicant for or
participant in federal, state, or local housing asslstance programs is confidential. Scction
119.071 (5)(1), FS. And see s. 717.117(8),FS. (property identifiers containcd in unclaimcd
propcrty reports held by the Dcpartment of hnancial Services are confidential); and
s. 624.23, FS. (personal financial information of a consumer held by the Departmcnt
of hnancial Services or the Officc of lnsurancc Rcgulation, relating to a consumcr's
complaint or inquiry is confidential).
Section 338.155(6), FS., provides an excmption for personal identifying information
obtaincd by the Department of Transportation, a county, or an expressway authority
relating to payment of tolls by credit card, chargc card, or chcck. And see s. 414.295(1),
FS. (personal identifying information of a temporary cash assistance program
participant is confidential).
f. Security interests
Records rcgarding ownership of, or security intcrcsts in, registered public
obligations are not opcn to inspection. Section 279.11, FS.
g. Taxpayer records
There arc a number of statutes providing for confidentiality of taxpayer records
held by the Department of Rcvenue. Unless othcf\\~se specified by law, Florida
taxpayers havc the right to have tax information kept confidential. Section 213.015(9),
FS. See e.g., s. 213.053(2)(a), FS. (all information contained in returns, reports, accounts,
or declarations rcceived by thc Depattmcnt of Rcvenue, including invcstigative reports
and information and lettcrs of technical advice, is confidential except for official
purposes and exempt from s. 119.07[1 J, FS.); s. 213.21 (3), FS. (rccords of compromises
of taxpayer liability not subject to disclosure); and s. 213.27(6), FS. (confidential
information shared by the Department of Revcnuc ,vith debt collection or auditing
agencics under contract with the dcpartment is excmpt from public disclosure and such
debt collection or auditing agencies arc bound by the same confidcntiality requirements
as the department).
In light of the position taken by the Dcpartment of Revenue that its form entitled
"Original ,\pplication for Ad ValorcmTax Exemption" constitutcs a "return," such form
should be treatcd as a "return" that is confidcntial pursuant to s. 193.074, FS. A(;O 05-
04. Accord AGO 95-07. And see NYT Management Services, Inc. v. Florida Department of
Revenue, Case No. 2006-C\-0896 (Fla. 2d Cir. Ct. April 25, 2(06), agrecing with ACO
95-07 that declarations or writtcn statements filed 'W~th the Department of Revenue
pursuant to thc statc's revenue laws would be a return and thus confidential under
s. 193'()74, FS. However, taxpayer information that is confidential in thc hands of
certain spccificd officers under s. 193.074, I\S., is subject to disclosure under thc Public
Records Act when it has becn submittcd by a taxpayer to a value adjustment board as
cvidencc in an assessment dispute. ;\CO 01-74. Similarly, absent a specific statutory
exemption for assessment rolls and public information cards, such documents made
or received by the property appraiscr are public records subject to thc Public Rccords
Act, rcgardless of the confidentiality of a rcturn that may contain information used in
their creation. AGO 05-04.
108
GOVERNMENT-IN -THE-SUNSHINE- MANUAL
h. Telephone bills
Rccords of telephone calls made from agency telephones are subjcct to disclosure
in the absence of statutory exemption. See Gillum v. Times Publishing Company, No. 91-
2689-C\ (lila. 6th Cir. C!. July 10, 1991). See also Media General Operation, Inc. v. Feeney,
849 So. 2d 3, 6 Wla. 1st DCA 20(3), in which the court rejectcd an agency's argumcnt
that redaction of te!ephonc numbers for calls made in the course of official business
could be justificd becausc disclosure could result in "unreasonable consequenccs" to
the persons called. Cf AGO 97-05 (exemption now found in s. 119.071 [Slid], FS., for
records supplied by a telccommunications company to a state or local governmental
agency which contain the name, address, and telephone number of subscribers, applies
to telccommunications records of a city-operatcd telecommunications company when
the records are supplied by the city to another state or local governmcntal agency).
The "\ttorney General's Office has advised that telephone numbers in a school
district's records of calls made on agency telcphones are public records even when
those calls may be personal and the employee pays or reimburses the school district for
the calls. AGO 99-74. Compare Media General Operation, Inc. v. Feeney, supra, in which
the court he!d that undcr the circumstances of that case (involving acccss to records of
ccllular phonc scrvicc provided by a political party for legislativc cmployees), records of
personal or private calls of the employees fell outsidc the dcfinition of public records.
Cf Inf. to Michelson, January 27, 1992 (cellular telephone company which provided
city with statements rcflecting amount of usage of ccll phones by city staff rather
listing individual calls, did not appear to be an "agency" for purposes of Ch. 119, F.S.,
making company's records of individual calls subject to disclosure).
i. Trade secrets
Thc Lcgislature has created a number of specific excmptions from Ch. 119, FS.,
for trade secrcts. See e.g., s. 1004.78(2), FS. (tradc sccrets produced in technology
research within community colleges); s. 365.174, I '~S. (proprietary confidential busincss
information and trade secrets submitted by wireless 911 providcr to spccified agcncies);
s. 570.544(7), FS. (trade secrets contained in records of thc Division of Consumer
Scrvices of the Departmcnt of Agriculture and Consumer Scrviccs); and s. 627.6699(8)
(c), FS. (trade secrets involving small cmployer hcalth insurance carriers). And see s.
288.9626, FS., creating an exemption for material relating to, among other things,
potCt1tial trade secrets held by the Florida Opportunity Fund and the Institute for thc
Commercialization of Public Research; and s. 1004.226(8), FS., creating an exemption
for similar information held by the Florida Technology, Research, and Scholarship
Board.
In addition, thc First District has concluded that s. 815.045, FS., "should be read
to exempt from disclosure as public records all trade secrets as defined in Is. 812.081(1)
c), FS.I.. ." Sepro Corporation v. Florida Department of Environmental Protection,
839 So. 2d 781, 785-787 (Fla. 1 st DCA 2(03), review denied sub nom., Crist v. Florida
Department of Environmental Protection, 911 So. 2d 792 (Fla. 2005). In Sepro, thc court
ruled that while "a conversation with a statc employcc is not enough to prevent lalleged
trade secrets] from being madc available to anyone who makes a public records request,"
documents submitted by a private party which constituted trade secrets as defincd in s.
812.081, and which were stampcd as confidential at the time of submission to a state
109
GOVERN MENT -IN-THE-S UNSHINE- MANUAL
agency, wcrc not subject to public access. Sepro, at 784. And see Cubic Transportation
Systems, Inc. v. Miami-Dade County, 899 So. 2d 453, 454 (l'la. 3d DC\ 2(05) (where a
company supplicd documcnts to an agency and failed to mark them as "confidential"
and "continued to supply them without asscrting even a ~cgally incffectual] post-delivery
claim to confidentiality for some thirty days after it had oncc attempted to do so by
informing County staff," the company failcd adequately to protect an alleged trade
secret claim). (cmphasis supplied by the court); Seta Corporation of Boca, Inc. v. Office
of the Attorney General, 756 So. 2d 1093 (Fla. 4th DCj\ 20(0). And see AGO 09-02
(authorized representatives of Division of Plant Industry in Dcpartment of Agriculture
and Consumcr Serviccs prohibited from disclosing trade secrcts under Ch. 581, FS., to
any unauthorized person, providcd such tradc secrets fall \\~thin the statutory definition
in s. 812.081, F.S., and owncr of trade secrets has takcn measures to maintain the
information's sccrccy). Cf Allstate Floridian Ins. Co. v. Office of Ins. Regulation, 981
So. 2d 617 (Fla. 1 st DCA 2008), review denied, 987 So. 2d 79 (Fla. 2(08) (to thc extent
Allstate bclicvcd any documents sought by thc Officc of Insurance Rcgulation were
privilcgcd as trade sccrets, Allstate was rcquired to timely seek a protcctivc order in
circuit court).
For morc information on computcr trade secrets, please refcr to the discussion on
that topic in s. c.1.g., supra.
4, Investigation records of non law enforcement agencies
a. Investigative records subject to Ch. 119, ES., in absence of legislative
exemption
In thc absencc of a spccific legislativc cxcmption, investigative records madc or
reccived by public agencics arc open to public inspection pursuant to Ch. 119, I':S.
State ex reI. Veale v. City of Boca Raton, 353 So. 2d 1194 (Fla. 4th DC1\ 1977), cert.
denied, 360 So. 2d 1247 (l'la. 1978). And see Caswell v. Manhattan Fire and Marine
Insurance Company, 399 F2d 417 (5th Gr. 1968) (ordcring that ccrtain investigative
rccords of thc Statc Insurancc Commission bc produced for inspection under Ch.
119, I\S.). Accord AGO 91-75 (documents containing information compiled by school
board employees during an investigation of schoo] district departments are open to
inspection in the absence of statutory cxcmption); j\GO 85-79 (interoffice memoranda,
corrcspondcnce, inspcction reports of restaurants, grocery stores and othcr such public
prcmiscs, nuisancc complaint records, and notices of violation of public health laws
maintained by county public hcalth units are subject to disclosure in the absence of
any statutory cxemption or confidcntiality requircmcnt); and AGO 71-243 (inspection
rcports made or receivcd by a school board in conncction with its official investigation
of the collapse of a school roof constitute public rccords). Cf Canney v. Board of Public
Instruction of Alachua County, 278 So. 2d 260 (l'la. 1973) (no quasi-judicial exception
10 the Sunshine Law which would allow closed door hearings or delIberations when a
board or commission is acting in a "quasi-judicial" capacity).
Disclosure of rccords of investigativc proceedings is not violative of privacy
rights arising under the state or federal Constitutions. See Garner v. Florida Commission
on Ethics, 415 So. 2d 67 (Fla. 1 st DCA 1982), review denied, 424 So. 02d 761 (l'la. 1983)
(public's right to view commission files prepared in conncction \\~th invcstigation of
alleged violations of the Code of Ethics outwcighs an individual's disclosural privacy
110
GOVERNMENT-IN -THE -SUN SHIN E- MANUAL
rights). For more information on privacy issucs, please see s. D.15., infta.
Thc investigative exemptions now found in paragraphs (2)(c) through (f), (h) and
(i) of s. 119.071 (2), FS., limit disclosurc of specified law enftrcement rccords, and thus
do not apply to investigations conductcd by agencies outside thc criminal justicc system.
See Douglas v. Michel, 410 So. 2d 936, 939 (Fla. 5th DC\ 1982), questions answered and
approved, 464 So. 2d 545 (l''la. 1985) (exemption for "information revcaling surveillance
techniques or proccdures or pcrsonnel" [now found at s. 119.071 (2)(d)] does not apply
to a hospital's personnel files). See also AGO 91-75, stal1ng that thc active criminal
investigation and intelligencc cxemption docs not apply to information compiled in a
school board invcstigation into the conduct of ccrtain school dcpartments; and AGO
87-51, concluding that complaints from employees of the state labor departmcnt
relating to dcpartmcntal integrity and efficicncy do not constitute criminal intclligencc
information or criminal investigative information.
Thus, the contents of an investigative report compiled by thc Inspector General
for a state agcncy in carrying out his duty to dctermine program compliancc are not
convertcd into criminal inte!ligencc information merely because the Florida Department
of Law Enforccment also conducts an investigation or becausc such report or a copy
thcreof has bccn transferrcd to the dcpartment. Inf. Op. to Slyc, j\ugust 5, 1993.
b. Statutory exemptions
A numbcr of exemptions exist for certain invcstigatory rccords. For a morc
complete listing, please refcr to Appendix D and thc Index.
(1) Commission on Ethics investigations
Thc complaint and rccords relating to the complaint or to any preliminary
invcstigation of thc Ethics Commission are confidcntial and exempt until the
complaint is dismissed as legally insufficicnt, until the alleged violator requcsts in
writing that such records be made public, or until thc commission determines, based
on such investigation, whether probable cause exists to believc that a violation has
occurred. Section 112.324(2)(a), FS. See also s. 112.3215(8)(b) and (d), FS. (providing
confidentiality for certain rccords relating to Ethics Commission investigation of
alleged violations of lobbying laws).
However, nothing in s. 112.324, FS., provides confidcntiality for similar or identical
information in thc possession of other agencies of government. AGO 96-05. Thus,
a police report of an investigation of a public employce that has bccn concludcd and
is in the possession of thc policc department is not made confidcntial by the fact that
the same issuc and the same individual are the subject of an ethics complaint pursuant
to Part Ill, Ch. 112, FS., or because a copy of the policc rcport may be included in
information obtained by the Ethics Commission pursuant to its powcrs to investigatc
complaints of ethics violations. Id.
(2) State inspector general investigations
Audit workpapers and reports of state agency inspectors general appointed in
accordance with s. 20.055, FS., are public records to the extcnt that they do not include
111
GOVERNMENT -IN- THE-SUNSHINE- MANUAL
information which has been madc confidcntial and cxempt from s. 119J17 (1), FS.
Section 20.055(5)(b), FS.
Howevcr, s. 112.31901 (2), li.S., authorizcs the Governor, in the case of the Chief
Inspector Gcneral, or agency hcad, in the case of an cmployee designated as the agcncy
inspcctor general undcr s. 112.3189, FS., to certify that an investigatory rccord of thc
Chicf Inspector Gcneral or an agcncy inspcctor general requires an exemption in
order to protcct the integrity of the invcstigation or avoid unwarranted damage to
an individual's good name or reputation. I f so certificd, the invcstigatory records are
exempt from s. 119J17(I), FS., until the invcstigation ceascs to be active, or a report
detailing the invcstigation is provided to thc Governor or the agency head, or 60 days
from thc inception of the investigation for which the record was made or received,
whichever first occurs. Section 112.31901(1), FS. The provisions of this section do
not apply to whistle-blower investigations conducted pursuant to thc whistlc-blower
act. Section 112.31901 (3), FS. Cf s. 943.03(2), FS., providing for confidentiality of
Department of Law Enforccment rccords relating to an active investigation of official
misconduct.
(3) State licensing investigations
Pursuant to s. 455.225(10), FS., complaints against a licensed professional filed with
the state licensing board or the Dcpartment of Busincss and Professional Regulation
are confidential and exempt from disclosurc until I 0 days after probable cause has bccn
found to exist by the probable cause panel of the licensing board or by the Departmcnt
of Business and Profcssional Rcgulation, or the professional waives his or her privilegc
of confidentiality whichever occurs first. A similar cxemption applics to complaints
and invcstigations conducted by the Department of Hcalth and licensing boards v,,-ithin
that department as provided in s. 456.073(10), FS.
Complaints filcd by a municipality against a licensed professional are included
within the confidcntiality provisions. AGO 02-57. However, while thc complaint filed
by thc municipality with thc state licensing agency is exempt, the exemption affordcd
by thc statute docs not cxtcnd to othcr records held by the city related to thc naturc of
thc allcged offense by the liccnsed profcssional. Id.
(4) Whistle-blower investigations
Section 112.3188(1), FS., provides, with limited exceptions, for the confidentiality
of the identitv of a whistle-blower who discloses in good faith to the Chief Inspector
General, an agency inspector general, a local chief executive officer, or other appropriate
local official information that alleges that an employce or agent of an agency or
independent contractor has violatcd or is suspected of having violatcd any federal,
statc, or local law, rule or rcgulation, thercby crcating and presenting a substantial and
spccific danger to the public's health, safety, or welfare; or has committcd or is suspcctcd
of having committed an act of gross mismanagcment, malfcasance, misfeasance, gross
waste of public funds, or gross ncglect of duty. A complainant may waivc the right
to confidential treatment of his or her name or identity. AGO 95-20. However, an
individual may not be required to sign a waiver of confidentiality as a condition of
processing a complaint. 1\GO 96-40.
112
GOVERNMENT-IN- THE-SUNSHINE - MANUAL
In order to qualify as a whistle-blower complaint, particular information must be
disclosed to the statutorily designated officials; a general complaint of wrongdoing
to officials other than those specifically named in s. 112.3188(1) does not entitlc the
complainant to whistle-blower protection. I\GO 98-37. And see ,\(;099-07 (county
inspector general qualifies as an "appropriate local official" for purposcs of the whistle-
blower law); and AGO 96-40 (town ethics commission constitutcs "appropriatc local
official" for purposes of proccssing complaints under thc whistle-blower law).
Section 112.3188(2)(a), FS., states that cxcept as specifically authorized In s.
112.3189, FS., all information receivcd by the Chief Inspector Gcneral or an agency
inspector general or information produced or derived from fact-finding or other
investigations conducted by the Florida Commission on Human Relations or the
Department of Law EnforcemCt1t is confidential and exempt if thc information is
being receivcd or dcrived from allegations as set forth in s. 112.3188(1)(a) or (b), I':s.,
and an investigation is "active" as defined s. 112.3188(2)(c), FS.
Information rcccived by an appropriate local official or local chicf executive
officer or produced or derived from fact-finding or investigations by local government
pursuant to s. 112.3187(8)(b), I,:S, [authorizing administrative procedures for handling
whistlc-blower complaints filed by local public employees] is confidential and cxempt,
provided that the information is being receivcd or derived from allegations sct forth
in s, 112.3188(1) and an investigation is active as defined in the section. Section
112.3188(2)(b), FS. Thc exemption applies to records received by a municipality
conducting an active investigation of a whistlc-blower complaint, and is not limited
to rccords received as parr of an active investigation of a complaint of retaliation
against a whistle-blowcr. AGO 98-37. The exemption applies whether the allegations
of wrongdoing wcre received from an anonymous sourcc or a named individual; in
either case information reccivcd or gencrated during the course of the invcstigation is
subjcct to the cxemption. j\GO 99-07.
Howcvcr, while thc name or identity of the individual disclosing this information
is confidential, the initial report of wrongdoing receivcd by thc municipality is a public
record, since that information was received before an investigation began. AGO 98-37.
5. Litigation records
a. Attorney-client communications
The Public Records Act applies to communications between attorneys and
govcrnmental agcncies; there is no judicially creatcd privilege which cxempts these
documents from disclosure. wait v. Florida Power & Light Company, 372 So. 2d 420
(Fla. 1979) (only the Legislature and not the judiciary can excmpt attorney-clicnt
communications from Ch. 119, FS.). See also City of North Miami v. Miami Herald
Publishing Company, 468 So. 2d 218 (lo'la. 1985) (although s. 90.502, FS., of the
Evidence Code establishes an attorney-client privilege for public and private entities,
this cvidcntiarv statute does not removc communications between an agency and its
- . .
attorney from the open inspection requirements of Ch. 119, FS.).
113
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
Morcover, public disclosurc of these documcnts does not violate thc public
agency's constitutional rights of due process, effcctive assistance of counse!, freedom of
specch, or thc Supreme Court's exclusive jurisdiction over Thc Florida Bar. City of North
Miami v. Miami Herald Publishing Company, supra. And see Seminole County, Florida v.
Wood, 512 So. 2d 1000, 1001 (l"la. 5th DCA 1987), review denied, 520 So. 2d 586 (Fla.
1988) (the rules of ethics provide that an attorncy may divulge a communication when
requircd by law; the Legislature has plenary authority over political subdivisions and
can require disclosurc of otherwise confidential materials); and AGO 98-59 (records
in the filcs of the formcr city attorney, who served as a contract attorncy for the city,
which were made or rcccived in carrying out her duties as city attorney and which
communicate, perpctuate, or formalize knowledgc constitute public records and are
required to be turncd over to her successor).
On thc other hand, the Florida Supremc Court has rulcd that files in the posscssion
of the Capital Collateral Representativc (CCR) in furtherance of its representation of
an indigent client arc not subject to public disclosurc under Ch. 119, F.S. The Court
noted that the files are not govcrnmental records for purposcs of the public records
law but are thc "private records" of the CCR client. Kight v. Dugger, 574 So. 2d 1066
(Fla. 1990). And see Times Publishing Company v. Acton, No. 99-8304 (l'la. 13th Cir. Ct.
N ovcmber 5, 1999) (private attorncys retained by individual county commissioners in a
criminal case were not "acting on behalf" of a public agency so as to become subject to
the Public Rccords Act, even though the board of county commissioners subsequently
voted to pay the commissioners' legal expenscs in accordancc with a county policy
providing for reimburscment of legal expcnses to individual county officcrs who
succcssfully defend criminal charges filed against them arising out of the performance
of thcir official dutics).
b. Anorney work product
The Suprcme Court has ruled that the Legislature and not thc judiciary has exclusive
authority to exempt litigation records from the scope of Ch. 119, FS. Wait v. Florida
Power & Light Company, 372 So. 2d 420 (l'la. 1979). See also Edelstein v. Donner, 450
So. 2d 5(,2 (Fla. 3d DCA 1984), approved, 471 So. 2d 26 (Fla. 1985), noting that in the
absencc of legislation, a work product cxemption is "non-existent;" and Hillsborough
County Aviation Authority v. Azzarelli Construction Company, 436 So. 2d 153, 154 (Fla.
2d DCA 1983), stating that the Supreme Court's decision in \Vtzit "constitutcd a tacit
recognition that work product can bc a public record."
c. Statutory work product exemption
With the enactment of s. 119.071 (1)(d), FS., the Lcgislaturc crcated a narrow
exemption for certain litigation work product of agency attorneys. See City of Orlando v.
Desjardins, 493 So. 2d 1027, 1029 (l'la. 198(,), in which the Court notcd that thc excmption
was enacted because of "developing casc law affording public cntities no protection under
cither the work product doctrinc or the attorney-client privilegc . "
Scction 119.07I(I)(d)1., FS., states:
A public record that was preparcd by an agcncy attorney (including an
attorney employcd or retained by the agency or cmployed or retained by
114
GOVERNMENT-IN- THE-SUNSHINE-MANUAL
another public officer or agcncy to protect or represcnt the interests of
thc agency having custody of tl,e record) or prepared at the attorney's
express direction, that reflects a mcntal impression, conclusion, litigation
stratcgy, or legal theory of the attorney or the agency, and that was prepared
cxelusively for civil or criminal litigation or for adversarial administrative
proceedings, or that was prepared in antjcipation of imminent civil or
criminal litigation or imminent adversarial administrative proceedings,
is exempt Ifrom disclosurc] until the conclusion of the litigation or
adversarial administrative procccdings. For purposes of capital collateral
litigation as set forth in s. 27.7U01, thc Attorney General's office is entitled
to claim this cxcmption for thosc public records prcpared for dircct
appeal as well as for all capital collateral litigation after direct appeal until
execution of scntence or imposition of a life sentencc.
Note that this statutory exemption applies to attorney work product that has reached
the status of becoming a public rccord; as discusscd more extensively in s. C.5.e., of
this Manual, relating to "attorney notes," ccrtain preliminary trial preparation matcrials,
such as handwritten notes for thc pcrsonal use of thc attorney, are not considered to bc
within the definitional scope of the term "public records" and, thcrcfore, are outsidc
the scopc of Ch. 119, FS. See Johnson v. Butterworth, 713 So. 2d 985 (I'la. 1998). Undcr
the terms of thc statute, the work product cxemption "is not waived by the rclease
of such public record to another public cmployee or officer of the same agency or
any pcrson consulted by the agency attorncy." Section 119.071(1)(d)2., FS. See also
AGO 94-77, in which the Attorncy General's Office concluded that the work product
exemption continucs to apply to records prepared by thc county attorncy when these
rccords are transferred to the city attorncy pursuant to a transfer agreement whereby
the city is substiwted for the county as a party to the litigation.
l\n agency asserting the work product exemption must identify the potential
parties to the litigation or proceedings. Secoon 119.071(1)(d)2., FS. If a court finds
that the record was improperly Wlthhdd, the par!\, seeking the record shall be awardcd
reasonable attorney's fees and costs in addItion to an\' other remedy ordcred by the
court. Id. As one court has notcd, the inclusion of an attorncy's fee sanction "was
prompted by the legislature's concern that government entities might claim thc work
product privilege whenever public access to their records is demanded." Smith &
Williams, PA. v. west Coast Regional Wtzter Supply Authority, 640 So. 2d 216, 218 (Fla.
2d DCA 1994).
(1) Scope of exemption
(a) Attorney bills and payments
Only thosc records which reflect a "mental impression, conclusion, litigation
strategy, or legal theory" are included within the parameters of the work product
cxcmption. Accordingly, in AGO 85-89, the Attorney Gencral's Office concluded that
a contract between a county and a private law firm for legal counsel and documentation
for invoices submitted by such firm to the county do not fall within the work product
cxemption. Accord l\CO 00-07 (records of outside attorncy fcc bills for the defense
of the county, as well as its employees who are sued individually, for allcged civil rights
115
GOVERNMENT -IN- THE -SUNSHINE- MANUAL
violations arc public records subject to disclosure).
If thc bills and invoiccs contain somc cxempt work productni.e., "mental
imprcssion[s], conclusion Is]' litigation strateg[ies], or legal theorlies],"--the exempt
material may be deleted and thc remainder disclosed. AGO 85-89. Howevcr, information
such as the hours worked or the hourly wage clearly would not fall within the scope of
the exemption. Id. And see Herskovitz v. Leon County, No. 98-22 (Fla. 2d Cir. Ct. Junc
9, 1998) ("Obviously, an cntry on a [billing] statement which identifies a specific legal
strategy to be considered or puts a specific amount of settlement authority receivcd
from thc client, would fall \\~thin the cxemption. On the other hand, a notation that the
file was opened, or that a letter was scnt to opposing counsel, would not.").
Thus, an agcncy which "blocked out" most notations on invoices prepared in
connection with services rcndcred by and fecs paid to attorneys representing the agcncy,
"improperly withheld" nonexempt matcrial when it failed to limit its redactions to
thosc items "genuinely reflecting its 'mental impression, conclusion, litigation strategy,
or legal thcory.'" Smith & Williams, FA. v. West Coast Regional Water Supply Authority,
supra. And see Davis v. Sarasota County Public Hospital Board, 480 So. 2d 203 (I'la. 2d
DC:\ 1985), review denied, 488 So. 2d 829 (I'la. 1986), holding in part that a citizcn
seeking to examine records of a public hospital board concerning the payment of legal
fees was entitlcd to examine actual records, not mcrely cxcerpts taken from information
stored in the hospital's computer.
(b) Investigations
Section 119.071(1)(d), FS., does not create a blanket exception to the Public
Records Act for all attorncy work product. ;\(;091-75. Thc cxcmption is narrower
than the work product privilege recognized by the courts for privatc litigants. J\GO
85-89. In ordcr to qualify for the work product exemption, the records must have
becn prepared exclusively for or in anticipation of imminent or pending litigation or
adversarial administrative proceedings; records preparcd for other purposes may not be
convcrtcd into exempt material simply because they are also used in or related to thc
litigation.
Moreover, only those records which are prepared by or at the express direction of
the agency attorney and rcflcct "a mental impression, conclusion, litigation strategy, or
legal theory of the attorney or the agency" are exempt from disclosure until thc conclusion
of thc proceedings. (e.s.) See City of North Miami v. Miami Herald Publishing Company,
468 So. 2d 218, 219 (Fla. 1985) (noting application of cxemption to "government agency,
attorncy-preparcd litigation files during the pendency of litigation"); and City of Miami
Beach v. DeLapp, 472 So. 2d 543 (Fla. 3d DC\ 1985) (opposing counsel not cntitled
to city's legal memoranda as such material is exempt work product). Compare City of
Orlando v. Desjardins, 493 So. 2d 1027, 1028 (I-h. 1986) (trial court must examine city's
litigation filc in accident casc and prohibit disclosure only of those records rcflccting
mental impression, conclusion, litigation strategy or legal theory of attorney or city);
and Jordan v. School Board of Broward County, 531 So. 2d 976, 977 (Fla. 4th DC\ 1988)
(record did not constitute exempt work product becausc it "was not prcpared at an
attorney's express direction nor did it reflect a conclusion and mental impression of
appcllcc").
116
GOVERN MENT -IN- THE -SUNSHIN E- MAN UAL
Thus, a circuit judge refused to apply the exemption to tapes, witness statements
and interview notcs taken by police as part of an invcstigation of a drowning accident at
a city summcr camp. See Sun-Sentinel Company v. City of Hallandale, No. 95-13528(05)
(Fla. 17th Cir. Ct. October 11, 1995). The judge also concluded that thc exemption,
now found at s. 768.28(16)(b), FS., for risk management files did not apply. Similarly,
in AGO 05-23, the Attorney Gcneral's Office adviscd that notes taken by the assistant
city attorncy during interviews with co-workers of certain city employees in order to
ascertain if employec discipline was warranted are not cxempt from disclosure. See
also AGO 91-75 (work product excmption not applicable to documents gencratcd or
received by school district investigators, acting at the dircction of thc school board to
conduct an investigation of ccrtain school district departments). Cf Tober v. Sanchez,
417 So. 2d 1053, 1055 (l'la. 3d DCA 1982), review denied sub nom.. Metropolitan Dade
County Transit Agency v. Sanchez, 426 So. 2d 27 (lila. 1983) (documents which are
givcn by a client to an attorncy in thc course of seeking legal advice arc privileged
in the attorncy's hands only if the documents were privilegcd in thc clicnt's hands;
thus, othcrwise public rccords made or received by agency personne! do not becomc
privilcged merely by transfcrring them to the agency attorncy).
(2) Commencement and termination of exemption
Unlike thc opcn mectings exemption in s. 286.011 (8), F.S., for ccrtain attorney-
clicnt discussions between a governmcntal agcncy and its attorncy, s. I 19.071 (1)(d),
FS., is not limited to records crcatcd for pcnding litigation or proceedings, but applics
also to records prepared "in anticipation of imminent civil or criminal litigation or
imminent advcrsarial administrative proceedings." (e.s.) See AGO 98-21, discussing the
differences between the public records work product exemption in s. I 19.()71 (1)(d)
and the Sunshine J.aw exemption in s. 286.011. And see MHM Correctional Services, Inc.
v. State, Department of Corrections, Case No. 2009 C\ 2105 (Fla. 2dJud. Cir.,June 10,
2(09) (dcpartment wrongfully withheld portions of an e-mail stream regarding the bid
proccss as protectcd work product or privileged communications as nonc of the emails
were prepared in contcmplation of litigation as required by thc statute).
But, the exemption from disclosure provided by s. 119.071(1)(d), FS., is temporary
and limited in duration. City of North Miami v. Miami Herald Publishing Co., supra.
Thc cxemption exists only until the "conclusion of the litigation or adversarial
administrativc proccedings" cvcn if disclosure of the information in the concluded
case could negatively impact the agency's position in related cascs or claims. State v.
Coca-Cola Bottling Company of Miami, Inc., 582 So. 2d 1 (Fla. 4th DC1\ 1990); Seminole
County v. Wood, 512 So. 2d 1000 (Fla. 5th DCA 1987), review denied, 520 So. 2d 586 (Fla.
1988). And see New Times, Inc. v. Ross, No. 92-5795 CIV 25 (l'la. 11 th Cir. Ct. March 17,
1992), holding that papers in a closcd civil forfeiture file which subsequently became
part of a criminal invcstigation were open to inspccl1on. The court reasoned that
thc civil litigation materials could not be considered criminal invcstigativc information
because the file was closed prior to the commencement of the criminal investigation.
See also Wagner v. Orange County, 960 So. 2d 785 (Fla. 5th DCA 2(07), stating that
the phrasc "conclusion of the litigation or adversarial administrative proceedings"
encompasses post-judgment collection efforts such as a legislative claims bill. Cf State
v. Coca-Cola Bottling Company of Miami, Inc., supra (although state cannot claim work
product excmption for litigation rccords after conclusion of litigation, Ch. 119 does
117
GOVERNMENT-IN-TH E -SUNSHINE-MAN UAL
not cover oral testimony; thus, opposmg counsel not cntitlcd to take depositions of statc
rcprescntatives regarding thc concluded litigation).
(a) Settlement records
Settlcment documents are normally subject to relcase oncc litigation is over
between the parties, even if other issues rcmain, because the work product cxemption
does not apply once thc litigation is no longcr pending. And see s. 69.081(8)(a), FS.,
stating, subjcct to limitcd exceptions, that "[a]ny portion of an agrecment or contract
which has thc purpose or cffect of concealing information relating to thc scttlcment
or resolution of any claim or action against the statc, its agcncies or subdivisions
or against any municipality or constitutionally crcated body or commission is void,
contrary to public policy, and may not be enforced;" and Inf. Op. to Barry, June 24,
1998, citing to s. 69.081 (8)(a), and stating that a state agency may not C!1ter into a
settlcment agrcemcnt or othcr contract which contains a provision authorizing the
conccalmcnt of information relating to a disciplinary procceding or other advcrse
employmcnt decision from thc rcmaindcr of a personnel file.
For example, if the statc settles a claim against one company accused of conspiracy
to fix prices, the statc has concluded the litigation against that company. Thus, thc
records prcparcd in anticipation of litigation against that company are no longer
cxcmpt from disclosure even though the state has commenccd litigation against the
alleged co-conspirator. State v. Coca-Cola Bottling Company of Miami, Inc., 582 So.
2d 1 (Fla. 4th DC:\ 1990). And see 7ribune Company v. Hardee Memorial Hospital,
No. CA-91-370 (Fla. 10th Cir. Ct. ;\ugust 19, 1991) (scttlement agrccment not exempt
as attorney work product cven though another related case was pending, and agency
attorneys feared disclosurc of their assessment of thc merits of the settled case and
their litigation strategy would havc a detrimental effect upon the agency's position in
the relatcd case). Cf Prison Health Services, Inc. v. Lakeland Ledger Publishing Company,
718 So. 2d 204, 205 (l'la. 2d DCA 1998), review denied, 727 So. 2d 909 (lila. 1999)
(private company under contract with sheriff to providc medical services for inmatcs
at county jail must releasc records relating to a scttlcment agreement with an inmate
because all of its records that would normally be subject to the Public Records Act if
in thc possession of the public agcncy, are likewise covered by that law, even though in
the possession of the private corporation).
Regarding draft scttlements received by an agcncy in litigation, a circuit court held
that draft scttlcment agreements furnished to a state agency by a fcderal agency wcrc
public rccords dcspitc the department's agreemcnt with the federal agcncy to keep such
documcnts confidential. Florida Sugar Cane League, Inc. v. Department of Environmental
Regulation, No. 91-2108 (Fla. 2d Cir. Ct. Scptember 20, 1991), per curiam affirmed, 606
So. 2d 1267 (l'la. 1st DCA 1992). And see Florida Sugar Cane League, Inc. v. Florida
Department of Environmental Regulation, No. 914218 (Fla. 2d Cir. Ct. Junc 5, 1992)
(technical documcnts or data which were not prepared for the purpose of carrying
litigation fotward but rathcr were jointly authored among advcrsaries to promote
settlement are not exempted as attorney work product).
(b) Criminal cases
In a criminal case, the "conclusion of the litigation" for purposes of thc termination
118
GOVERNMENT-IN - THE-SUNSHIN E- MANUAL
of the work product excmption occurs whcn the conviction and sentcnce have become
final. State v. Kokal, 562 So. 2d 324 (Fla. 1990). However, the state attorney may still
claim the work product exemption for his or hcr current file in a pending motion for
postconviction relief becausc there is ongoing litigation with respect to thosc documents.
See Walton v. Dugger, 634 So. 2d 1059 (l"la. 1993) (state attorney not required to disclose
information from a current file relating to a postconviction relief motion).
However, the Florida Supreme Court has also noted thc state's obligation in a
criminal case to "disclose any exculpatory document within its possession or to which
it has access, even if such document is not subject to the public records law. Brady v.
Maryland, 373 U.S. 83,83 S.Ct. 1194,10 L.Ed.2d 215 (1963)." Walton v. Dugger, 634
So. 2d at 1062. Accord Johnson v. Butterworth, 713 So. 2d 985 (Fla. 1998).
d. Other statutory exemptions relating to litigation records
Section 768.28(16)(b), FS., provides an excmption for claim files maintained by
agencies pursuant to a risk managemcnt program for tort liability until the tcrmination
of all litigation and settlement of all claims arising out of the same incident. See Wagner v.
Orange County, 960 So. 2d 785 (Fla. 5th DCA 2007), stating that thc phrase "settlemcnt
of all claims arising out of the same incident" included a legislativc claims bill.
The cxcmption afforded by s. 768.28(16), FS., is limitcd to tort claims for which
the agcncy may be liable under s. 768.28, FS., and docs not apply to fedcral civil rights
actions under 42 USe. s. 1983. AGOs 00-20 and 00-07. Moreovcr, the exemption
does not includc outside attorney invoices indicating hours worked and amount to be
paid by the public agency, even though the records may be maintained by the agency's
risk managcment officc pursuant to a risk management program. AGO 00-07. And
see AGO 92-82 (opcn mectings exemption provided by s. 768.28, FS., applies only to
mcctings held after a tort claim is filed \\~th the risk managemcnt program).
Section 624.311 (2), FS., provides that the "records of insurance claim negotiations
of any state agency or political subdivision are confidential and exempt [from disclosure]
until termination of all litigation and settlement of all claims arising out of the same
incident." A county's self-insured workers compensation program is the legal equivalent
of "insurance" for purposes of this exemption. Herskovitz v. Leon County, No. 98-22
(lOla. 2d Gr. Ct. Junc 9, 1998). And see AGO 85-102 (s 624.311, FS., exemption includcs
correspondence regarding insurance claims negotiations bctwccn a county's retained
counsel and its insurance carriers until termination of litigation and settlcment of claims
arising out of the same inCIdent). Compare s. 284.40(2), FS. (claim files maintained by
the risk management division of the Department of Financial Scrviccs are confidential,
shall be only for the use of the department, and are exempt from disclosure); and s.
1004.24(4), FS. (claim files of self-insurance program adopted by Board of Govcrnors,
or the board's designee, are confidential and cxcmpt); 627.3121(1), FS. (claims files
held by the Florida Workers' Compensation Joint Underwriting Association, Inc., are
confidcntial and cxempt).
e. Attorney notes
Relying on its conclusion in Shevin v. Byron, Harless, Schaffir, Reid and Associates,
Inc., 379 So. 2d 633 (.Fla. 1980), the Florida Supreme Court has recognizcd that "not
119
GOVERNMENT-IN- THE-SUNSHINE-MANUAL
all trial preparation materials are public records." State v. Kokal, 562 So. 2d 324, 327
(Fla. 1990). In Kokal, the Court approved the decision of the Fifth District in Orange
County v. Florida Land Co., 450 So. 2d 341, 344 (Fla. 5th DCi\ 1984), review denied,
458 So. 2d 273 (Fla. 1984), which described certain documents as not within the tcrm
"public records" because they were not used to perpetuate, formalize, or communicate
knowlcdge:
Document No.2 is a list in rough outline form of itcms of cvidencc
which may be needed for trial. Documcnt No.9 is a list of qucstions
the county attorney planned to ask a witncss. Document No. 1 (J is a
proposed trial outline. Document No. 11 contains handwritten notes
regarding the county's scwage system and a meeting with Florida Land's
attorneys. Document No. 15 contains notes (in rough form) regarding
the dcposition of an anticipated witness. These documents are merely
notes from the attorneys to themselves designed for their own personal
use in remembcring certain things. They seem to be simply preliminary
guides intended to aid the attorneys when they later formalized the
knowledge. We cannot imagine that the I,egislature, in enacting the
Public Records i\ct, intended to include within the term 'public records'
this type of material. IEmphasis supplied by the Court]
Similarly, in Johnson v. Butterworth, 713 So. 2d 985, 987 (l,'la. 1998), the Court
ruled that "outlines, time lines, pagc notations regarding information in the rccord, and
othcr similar items" in thc casc file, do not fall ",~thin the definition of public rccord,
and thus are not subject to disclosure. See also Patton v. State, 784 So. 2d 380, 389 (Fla.
20(0) (prosccutor's personal notes, i. e., handwrittcn details of specific questions to
ask jurors during voir-dire, notes on potential Jurors, a time-line of events, or spccific
detailed qucsrions for witnesses, arc not public records); Scott v. Butterworth, 734 So. 2d
391,393 (!'la. 1999) (handwritten notes and drafts of pleadings are not public records);
Ragsdale v. State, 720 So. 2d 203, 205 (Fla. 1 ()98) ("attorney's notes and other such
preliminary documents are not public rccords and arc never subject to public records
disclosure"); Valle v. State, 705 So. 2d 1331,1335 (!'la. 1997) (documents consisting
of prosecutors' notes to themselves for thcir own personal usc, including outlines
of opening and closing argumcnts and notcs of witness depositions are not public
records); Lopez v. State, 696 So. 2d 725, 727 (l'la. 1997) (handwritten notes dealing ",;th
trial stratcgy and cross-cxamination of "'~tnesses are not public records); and Atkins
v. State, 663 So. 2d 624, 626 (l'la. 1995) (notes of state attorney's investigations and
annotatcd photocopies of decisional case law arc not public records).
By contrast, documents prepared to communicate, perpetuate, or formalize
knowledge constitute public rccords and are, therefore, subject to disclosure in thc
absence of statutory cxemption. See Shevin v. Byron, Harless, Schaffir, Reid & Associates,
Inc., 379 So. 2d 633, 640 (Fla. 1980), in which thc Court noted that "[i]nter-office
memoranda and intra-office memoranda communicating information from onc
public employee to another or mcrely preparcd for filing, even though not a part of
an agency's latcr, formal public product, would nonethe!ess constitute public records
inasmuch as they supply thc final cvidcnce of knowlcdge obtaincd in connection with
the transaction of official business."
For example, in Coleman v. Austin, 521 So. 2d 247, 248 (Fla. 1st DC;\ 1988),
120
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
the court obscrved that "although notes from attorncys to thcmselvcs might not be
public records when intcnded for thcir own pcrsonal use, inter-office and intra-office
mcmoranda may constitutc public records even though encompassing trial preparation
matcrials." And see Hillsborough County Aviation Authority v. Azzarelli Construction
Company, 436 So. 2d 153 (Fla. 2d DC\ 1983) (rcjecting an agency's contcntion that
whcn a public body is engaged in litigation, the plcadings and evidcncc it presents in
court constitute the formal agency statement on the subJect matter and all e!se is merely
preliminary or preparatory and, thereforc, not a Ch. 119, FS., public record).
Thus, in Orange County v. Florida Land Company, supra, the court concluded
that trial preparation materials consisting of interoffice and intraoffice memoranda
communicating information from one public employee to another or mcre!y prepared
for filing, evcn though not parr of thc agency's formal work product, were public
records. As public rccords, such circulated trial preparation materials might be exempt
from disclosure pursuant to s. 119.ll71 (1 )(d), li.S., while the litigation is ongoing;
howevcr, once the casc is over the matcrials would bc opcn to inspcction. And see
;\GO 05-23 (notes takcn by city's assistant labor attorney and used to communicatc
information to the labor attorncy rcgarding possible future personnel actions were
public records availablc for inspection).
6. Personnel records
a. Personnel records open to inspection unless exempted by law
The general rule with regard to pcrsonnel records is the same as for othcr public
records; unless the Lcgislature has expressly excmptcd an agency's personnel records
from disclosure or authorizcd the agcncy to adopt rulcs limiting access to such records,
personnel records are subject to public inspection and copying under s. 119.07(1), FS.
Michel v. Douglas, 464 So. 2d 545 (Fla. 1985). And see Alterra Healthcare Corporation v.
Estate of Shelley, 827 So. 2d 936, 940nA (Fla. 2(02) ("only the custodian of such records
can asscrt any applicablc cxcmption; not thc employee").
In accordance with this principle, the following arc some of the personnel records
which have been dctcrmined to be subjcct to disclosure:
Applications for employment--AGOs 77-48 and 71-394;
Communications from third parties--Douglas v. Michel, 410 So. 2d 936 (Fla. 5th
DC\ 1982), questions answered and approved, 464 So. 2d 545 (Fla.
1985);
Grievancc records--Mills v. Doyle, 407 So. 2d 348 (l'la. 4th DCA
1981);
Resumes--Shevin v. Byron, Harless, Schaffer, Reid and Associates, Inc., 379 So. 2d
633 (Fla. 1980);
Salary information--Lewis v. Schreiber, No. 92-8005(03) (Fla. 17th Cir Ct.
June 12, 1992), per curiam affirmed, 611 So. 2d 531 (Fla. 4th DCA 1992);
AGO 73-30;
121
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
Travel vouchersnShevin v. Byron, Harless, Schaffir, Reid and Associates,
Inc., supra; Lewis v. Schreiber, supra.
Accordingly, an agency should assumc that all information in a personnel file is
subject to inspection unless a spccific statutory excmption cxists which would permit
withholding a particular document from disclosure. For morc information on the
exemptions applicablc to law enforcement officers, please rcfer to the discussion of
law enforcement personnel records found at s. 1'.11., infta. Exemptions that pertain to
pcrsonnel rccords of educators are discusscd in s. 1.2., infta.
b. Employment search or consultant records
"IDjocumcnts provided to a consultant in relation to his acting on behalf of
a public agcncy arc public documents." Wallace v. Guzman, 687 So. 2d 1351, 1353
(Fla. 3d DC\ 1997). Thus, if an agcncy uses a recruitment company to conduct an
cmployment search for thc agency, records madc or received by thc private company
in conncction with the search are public rccords. AGO 92-80. See also Shevin v. Byron,
Harless, Schaffir, Reid and Associates, 379 So. 2d 633 (Fla. 1980) (firm of consultants
hired to conduct an cmployment search for position of managing director of a public
agency was "acting on behalf of" a public agency and tlms lcttcrs, memoranda,
rcsumes, and trave! vouchers made or rcccived by consultants as part of scarch wcrc
public rccords).
c. Privacy concerns
The courts have rejected claims that constitutional privacy intcrcsts operate to
shield agcncy personnel records from disclosure. See Michel v. Douglas, 464 So. 2d
545, 546 (Fla. 1985), holding that the state constitution "does not providc a right of
privacy in public records" and that a state or federal right of disclosural privacy docs
not exist.
"Absent an applicablc statutory exception, pursuant to Horida's Public Records
Act (embodicd in chapter 119, Florida Statutes), public employees (as a gcneral rule)
do not have privacy rights in such rccords." Alterra Healthcare Corporation v. Estate of
Shelley, 827 So. 2d 936, 940nA (Fla. 2(02). See ,zlso Forsberg v. Housing Authority of City
of Miami Beach, 455 So. 2d 373 (Fla. 1984); Shevin v. Byron, Harless, Schaffer, Reid and
Associates, Inc., supra; and Mills v. Doyle, supra. But See Fadjo v. Coon, 633 F.2d 1172,
1175n.3 (5th Cir. 1981), noting that "it is clear that the legislaturc cannot authorize by
statute an unconstitutional invasion of privacy." For additional information on general
privacy issues, pleasc refer to thc discussion in s. D.15., infta.
,\dditionally, the judiciary has refused to dcny access to personnel records based
on claims that the relcase of such information could prove embarrassing or unpleasant
for the employee. i\S thc Florida Suprcmc Court pointcd out in News-Press Publishing
Company v. Wisher, 345 So. 2d 646, 648 (Fla. 1977):
No policy of thc state protects a public employee from thc cmbarrassment
which results from his or hcr public cmployer's discussion or action on
the employee's failurc to perform his or her duties propcrly.
122
GOVERN MENT-IN- THE-SUNSH IN E- MANUAL
See also News-Press Publishing Company, Inc. v. Gadd, 388 So. 2d 276, 278 (l'la. 2d
DCA 1980), stating that abscnt a statutory cxemption, a court is not free to considcr
public policy questions regarding the relative significance of the public's interest in
disclosure and damage to an individual or institution resulting from such disclosure;
Browning v. Walton, 351 So. 2d 380 (I'la. 4th DC\ 1977), stating that a city cannot refuse
to allow inspection of records containing the names and addresses of city cmployees
who have fillcd out forms rcquesting that the city maintain the confidcntiality of their
pcrsonnel files; and ACO 87-48, concluding that a statute prohibiting thc placemcnt of
anonymous matcrials in thc personne! file of a school district employee, does not create
an exemption to Ch. 119, li.S., so as to render such materials confidential and exempt
from public inspection. Cf United Teachers of Dade v. School Board of Dade County,
No. 9217803 (01) (l'la. 11th Cir. Ct. Nov. 30, 1992) (homc telephonc numbers and
addresses of school district cmployees not protected by constitutional right to privacy;
only the Legislature can exempt such information).
Public employers should notc, however, that a court has he!d that an agency must
provide a dischargcd employee with an opportunity for a post-termination namc-
clearing hcaring when stigmatizing information concerning the employee is made a
part of the public records or is othem~se publishcd. Buxton v. City of Plant City,
Florida, 871 F2d 1037 (11 th Cir. 1989). See also Garcia v. Walder Electronics, Inc., 563
So. 2d 723 (Fla. 3d DCA 1990), review denied, 576 So. 2d 287 (i<la. 1990), noting that a
public cmployer has an affirmative duty to inform a discharged employee of his right
to seek a post-termination name-clearing hearing. Cf Cannon v. City of \Vest Palm
Beach, 250 F3d 1299, 1303 (11th Cir. 200 l) (failure to provide name-clearing hearing to
employee who allegcd that he was dcnicd a promotion duc to stigmatizing information
in his personnellile does not violate the employee's due process rights, because "in this
circuit a 'discharge or morc' is required").
d. Conditions for inspection of personnel records
An agency is not authorized to unilaterally impose special conditions for the
inspection of personnel records. An automatic delay in thc production of such rccords
is invalid. Tribune Company v. Cannella, 458 So. 2d 1075 (Fla. 1984), appeal dismissed
sub nom., DePerte v. Tribune Company, 105 S.Ct. 2315 (1985) (automatic 48 hour delay
unauthorized by Ch. 119, FS.).
(1) Presence of employee
In the absencc of express Icgislative authority, the inspection of pcrsonnel records
may not be delayed in order to allow the employcc to be notified or prcsent during thc
inspection of the public rccords relating to that emplovce. As statcd by thc Supreme
Court, the "\public RecordsJ Act docs not provide that the employec bc prcsent during
the inspection, nor even that the employee be given notice that an inspection has bcen
requested or madc." Tribune Company v. Cannella, 458 So. 2d at 1078. Compare s.
1012.31 (3)(a)3., FS., in which the Legislaturc has expresslv provided that no material
derogatory to a public school employee may be inspected until 10 days after the
employce has been notified by certified m,ul or personal dclivery as provided in s.
1012.31 (2) (c), F.S.
123
GOVERNMENT -IN-THE-SUNSHINE- MANUAL
(2) Separate files
An agency is not authorizcd to maintain pcrsonne! records of its employees under
two headings, one open and one confidential, in the absence of statutory authorization.
AGO 73-51.
i\bsent a statutory exemption for such rccords, a city may not agree to remove
counseling slips and written reprimands from an cmployee's personnel file and
maintain such documcnts in a scparate disciplinary file. AC;O 94-54. Similarly, an
agency is not authorizcd to "scal" disciplinary notices and thcreby rcmove such notices
from disclosure under the Public Records ;\ct. :\CO 94~ 75. Cf s. 69.081 (8) (a), FS.,
providing, subjcct to limited exceptions, that any portion of an agreement or contract
which has thc purpose or effcct of concealing information relating to thc scttlcmcnt or
resolution of any claim or action against an agency is "void, contrary to public policy,
and may not bc cnforccd;" and Inf. Op. to Barrv, June 24, 1 '198, citing to s. 69.081(8)
(a), and stating that "a statc agency may not enter into a settlement agreement or othcr
contract which contains a provision authorizing thc conccalment of information
re!ating to a disciplinary procceding or othcr advcrse employment decision from thc
remainder of a personnel filc."
e. Collective bargaining
(1) Relationship of collective bargaining agreement to personnel records
,,\ collectivc bargaining agreement between a public employer and its employccs
may not validly makc the pcrsonnel records of public employees confidential or exempt
the same from the Public Records Act. i\GO 77 A8. Thus, employee grievance records
are disclosable even though classificd as confidential in a collective bargaining contract
because "to allow the elimination of public records from the mandate of Chaptcr 119
by private contract would sound the dcath knell of the Act." Mills v. Doyle, 407 So. 2d
348, 350 (Fla. 4th DCA 1981). Cf Palm Beach County Classroom Teachers Association
v. School Board of Palm Beach County, 411 So. 2d 1375, 1376 (Fla. 4th DCA 1 '182)
(collective bargaining agreement cannot be used "to circumvent the requircments of
public meetings" in s. 286.011, I'S).
Similarly, unless authorizcd by law, a city may not agrec through collcctive
bargaining to rcmove refcrences to the iniual proposed disciplinary action in an
employee's personnel filc when a settlement agreement rcsults in a reduccd disciplinary
action. AGO 94-54. Accord :\GO 94-75 (municipality may not rcmovc and dcstroy
disciplinary notices, with or without thc employee's consent, during the course of
rcsolving collective bargaining grievances, cxccpt in accordance with the established
retention schedule approved by the Division of Library and Information Services of
the Department of State).
(2) Collective bargaining work product exemption
Section 447.605(3), FS., providcs:
:\11 work products dcveloped by the public employer in preparation for
124
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
negotiations, and during negotiations, shall bc confidential and exempt
from the provisions of s. 119.07(1), F.S.
The above exemption is limited and does not remove budgetary or fiscal
information from the purview of Ch. 119, F.S. See Bay County School Board v. Public
Employees Relations Commission, 382 So. 2d 747, 749 (lila. 1st DC-\ 1980), noting that
records which arc preparcd for other purposes do not, as a result of bcing uscd in
negotiations, come \\~thin thc s. 447.605(3) exemption; and Warden v. Bennett, 340 So.
2d 977 (Fla. 2d DCA 1976), ordering that working papers used in prcparing a college
budget be produced for inspcction by a labor organizer.
Thus, proposals and counter proposals prcsented during the course of collective
bargaining would appcar to be subjcct to public disclosurc. Howevcr, written notes
taken by thc reprcscntativc of a fire control district during collcctivc bargaining sessions
which are taken for usc in prcparing for subsequcnt bargaining sessions and whieh
reflcct thc impressions, stratcgies and opinions of thc district represcntative arc cxcmpt
pursuant to s. 447.605(3), FS. Inf. Op. to Fulwider, June 14, 1993.
f. Statutory exemptions
i\S emphasized in the preceding discussion, the exclusive authority to exempt
personnel rccords from diselosure is vcsted in the Legislature. A number of exemptions
havc been enacted relating to various kinds of pcrsonnel records. The following arc
examples of some of the exemptions providcd by statute. For a more complete listing
of excmptions, please see ,\ppendix ]) or tl1e Index.
(1) Annuity or custodial account activities
Rccords identifying individual participants in any annuity contract or custodial
account under s. 112.21, FS. (relating to tax-sheltered annuities or custodial accounts
for cmployees of governmcntal agencies) and their personal account activities are
confidential and cxcmpt from s. 119.07(1), FS. Section 112.21(1), lOS.
(2) Complaints
Complaints filed against law enforcement officers and all information obtained
pursuant to the investigation of the complaints are confidential and exempt from
s. 119.07(1), li.S., until the investigation is no longer active or the officer has bcen
providcd with written noticc of the agency's decision as to whcthcr the agency will or
will not proceed with disciplinary action or file charges. Scction 112.533(2)(a), F.S. See
s. 1'.11., infra, for a more detailed discussion.
Any complaint against a public school system cmployee and material re!ating to
thc investigation of a complaint against an employee is confidential and exempt from
s. 119.07(1), FS., until the conclusion of the preliminary investigation or until the
preliminary investigation ceases to be active. Section 1012.31(3)(a)1., FS. See s. 1.2.,
infra, for a morc detailed discussion.
Complaints and other records in thc custody of any agency which relate to a
complaint of discrimination bascd on race, color, religion, sex, national origin, age,
125
GOVERNMENT-IN -THE-SUNSHINE- MANUAL
handicap, or marital status in connection with hiring practices, position classifications,
salary, benefits, discipline, discharge, employee performance evaluation, or related
activities are exempt from 119.07(1), ES., until a probable cause finding is made,
the investigation becomes inactive, or the complaint or other rccord is made part of
the record of a hearing or court proceeding. Section 119.071 (2) (g), FS. See City of
St. Petersburg Junior College, No. 93-0004210-Cl-13 (Fla. 6th Cir. Ct. January 3, 1994)
(cxemption no longer applicablc once city has issued a "letter of cause" determination
follo'W~ng its investigation of a discrimination complaint). And see ACO 96-93 (prior
to completion of an investigation and a finding of probablc cause, records of thc
Metropolitan Dade County Equal Opportunity Board are exempt from disclosurc). But
see ;\GO 09-10 stating that when an agency has reached a settlement with an individual
who has filed a discrimination complaint, the claimant is considered to have pursued
the claim and may not request confidentiality pursuant to s. 119.071 (2)(g)2., FS.
(3) Criminal history information
In some cases, criminal or juvenile records information obtained by specific
agcncies as part of a background check requircd for certain positions has becn made
confidential and exempt from s. 119.07(1), FS., or use of the information is restricted.
See e.g., s. 110.1127(3)(d) and (c), FS. (positions in programs providing care to children,
the developmentally disabled, or vulnerable adults, or positions having access to abuse
records); s. 1002.36(7)(d), FS. (School for the Deaf and the Blind); and s. 39.821, FS.
(guardian ad litem).
Federal confidentiality provisions may also apply to criminal historv information
rcceived from the U.S. government. See ACO 99~01 (criminal history information
shared with a public school district by the Federal Bureau of Investigation retains its
character as a federal record to which only limited access is provided by federal law and
is not subject to public inspection under Florida's Public Records Act).
Scctions 943.0585 and 943.059, FS., prohibit a rccords custodian who has received
information relating to the existcnce of an expunged or scaled criminal history record
from disclosing the existence of such record. .\(;094-49.
(4) Deferred compensation
All rccords identifying individual participants in any dcferred compensation
plan under the Government Employees' Deferred Compensation Plan Act and thcir
pcrsonal account activities shall be confidential and exempt from s. 119.07(1), FS.
Scction 112.215(7), F.S.
(5) Department of the Lottery
Departmcnt of the Lottery employee pcrsonnel information unrelated to
compcnsation, duties, qualifications, or responsibilities of employecs, which the
Dcpartment has deemed confidential by rule in accordance with the terms and
conditions of the subsection is confidential and exempt from s. 119.07(1), FS. Section
24.1 05(12)(a), FS.
(6) Direct deposit
126
GOVERNMENT-lN- THE-SUNSHINE-MANUAL
Direct deposit records madc prior to October 1, 1986, are exempt from s. 119.07(1),
li.S. With rcspect to dircct deposit records made on or after October 1, 1986, the names
of thc authorized financial institutions and the account numbers of thc bencficiaries
are confidcntial and exempt. Section 17.076(5), FS.
(7) Drug test results
In AGO 94-51, thc Attorney General's Officc concluded that a city was not
authorizcd to delete or removc conscnt forms or records of disciplinary action relating
to drug testing of city employees contained in personnel records, as the personnel
records are public records and the Public Records Act "contains no express exemption
for such information." However, drug test results and other information received or
produced by a statc agency employer as a result of a drug-tcsting program in accordance
with s. 112.0455, FS., the Drug-Free Workplace Act, are confidcntial and cxempt from
s. 119.07(1), FS., and may not be disclosed except as authorizcd in the statute. Section
112.0455(11),1':s. See also s. 112.0455(8)0) and (u), FS.
The provisions of s. 112.0455, FS., are applicable to state agcncies and not
to municipalities, but the provisions of ss. 440.101-440.102, FS., may be used by a
municipality or other entity that is an "cmployer" for purposcs of thesc statutcs, to
establish a drug free workplace program. See AGO 98-38. Section 440. 102(8) (a),
FS., providcs for confidentiality of drug tcst results or other information received as
a result of a drug-testing program. Cf Inf. Op. to i\1cCormack, May 13, 1997 (s.
440.102[8], FS., applies to public employees and not to drug test results of public
assistance applicants). And see s. 443.1715(3), FS., relating to confidentiality of drug
test information and limited disclosure in proceedings conducted for purposcs of
determining compensability under the unemployment compensation la\v.
In AGO 96-58, the Attorney General's Office advised that the medical director
for a city fire and rcscue department may submit drug tcst rcsults to the statc hcalth
departmcnt pursuant to s. 401.265(2), F..S. Section 401.265(2) rcquires a medical director
to report to the department any emergency medical technician or paramedic who may
have acted in a manner constituting grounds for discipline LInder thc licensing law.
(8) Employee assistance program
j\n employee's personal identifying information contained in records held by the
employing agency relating to that cmployee's participation in an employee assistance
program is confidential and exempt from disclosurc. See ss. 110.1091 (state employccs),
125.585 (county employees), and 166.0444 (municipal employces), FS.
(9) Evaluations of employee performance
There arc exemptions from s. 119.07(1), FS., for cvaluations of cmployee
performance contained in limited access records which are prescribed by a hospital or
othcr facility licensed under Ch. 395, FS., for employees of thc facility, s. 395.3025(9),
FS.; or prcscribed by the State Board of Education for community collegc personnel,
s. 1012.81, FS.; or prescribed by a university board of trustees for its cmployees, s.
1012.91, FS. Employee evaluations of public school system employees are confidential
until the end of the school year immcdiately following the school year during which thc
127
GOVERNMENT -IN- THE-SUNSHINE - MAN UAL
evaluation was made; however, no cvaluations made prior to July 1, 1983, shall be made
public. Section 1012.31 (3)(a)2., ES.
For more information on this subject, pleasc refer to s. H.3.a.(I), infra (hospital
records) and s. 1.2., infra (education personnel rccords).
(10) Examination questions and answer sheets
Examination questions and answer sheets of examinations administered by
governmcntal entities for the purposc of licensure, ccrtification, or employment are
exempt from mandatory disclosure requirements. Section 119.071 (1)(a), FS. See
Dickerson v. Hayes, 543 So. 2d 836, 837 (Jila. 1st DCA 1989) (applying cxcmption to
portions of rating sheets used by promotion board which contained summaries of
applicants' responses to oral examination questions where the oral questioning "was a
formalizcd procedure with identical questions asked of each applicant [whichJ 'tested'
the applicants' response both as to style and contcnt").
A pcrson who has taken an examination has the right to review his or her own
completed examination. Section 119.071(1)(a), ES. See ,'\CO 76-210, stating that an
examinee has the right to inspect the results of a completed civil service promotional
cxamination, including question and answer sheers, after the examination has bcen
completed. However, the examinec possesses only the right to review his or hcr own
completed examination and may not make or obtain copies of that examination. AGO
81-12.
The exemption from disclosure in s. 119.071(1)(a), FS., applies to cxamination
questions and answers, and does not include the "impressions and grading of the
responses" by the examiners. See Dickerson v. Hayes, supra, at 837. See also Gillum v.
Times Publishing Company, No. 91-2689~CA (Fla. 6th Cir. Ct. July 10, 1991) (newspaper
entitled to acccss to cmployment polygraph records "to the extcnt such records consist
of polygraph machine graph strips and examiners' test results, including thc bottom
portion of thc machine graph denoted 'Findings and Comments' or similar designation";
however, agency could redact "any examinee's actual answers to questions or summaries
thereof"). Compare s. 455.229(1), FS., providing confidentiality for "examination
questions, answers, papers, gradcs, and grading keys" used in licensing cxaminations
administered by the Departmcnt of Business and Professional Regulation. And see s.
472.0201, FS., providing a similar excmption for such records used in survcyor and
mapper licensurc by thc Department of Agriculture and Consumer Services.
(11) Home addresses and telephone numbers, photographs, family information
As a rulc, homc addresses and telephone numbers of public officers and cmployees
are not exempt from disclosure. See ;\GO <)(, .88 (home addresses and telephonc
numbers and business addresses and telephone numbers of members of state and
district human rights advocacy committecs are public records).
Section 119.071 (4) (d), F.S., however, contains a number of exemptions for
specified categories of public officials and employees and thcir families by providing an
cxcmption from disclosurc for the home addresscs, tclephone numbers, photographs,
and social security numbcrs of: active or former law enforcement personnel, including
128
GOVERNMENT-IN- THE -SUNSHIN E-MANUAL
correctional and corrcctional probation officers; personnel of the Department of
ChildrCt1 and Family Scrvices whose duties include the investigation of abuse neglect
, l -)
exploitation, fraud, theft, or other criminal activities; personnel of the Department of
Health whose duties are to support the investigation of child abusc or neglect; and
personnel of the Department of Revenue or local governments whose rcsponsibilities
include revenue collection and enforcement or child support enforcement. Section
119.071 (4) (d) l.a., FS. See AGO 96-57 stating that the cxemption for personnel of the
Departmcnt of Rcvcnuc or local governmcnts ,vith rcvcnue responsibilities requires
that such duties include both revenue collection and enforcement responsibilities. The
abovc cxcmption for telephone numbers of law enforcement officers, howcvcr, docs
not exempt from diselosure the cellular telephonc numbcr of te!cphoncs providcd to
law enforcement officers and uscd in pcrforming law cnforccmcnt dutics. See Inf. Op.
to Laquidara, July 17, 201B.
Home addresscs, telephone numbers, photographs, and social security numbers
of current or former statc attorncys, assistant statc attorncys, statewide prosecutors,
or assistant statewide prosecutors are excmpt from disclosurc pursuant to s. 119.071 (4)
(d) I.d., FS.
The home addresses, telephone numbcrs, social security numbers, photographs,
and placcs of cmployment of the spouscs and children of such officers and personnel
and the names and locations of thc schools and day care facilities attended by their
children are also covcred by the cxemption. Scction 119.071 (4)(d)l.a. and d., F.S.
Home addrcsses and telephone numbers of Florida Suprcme Court justices and
district court of appeal, circuit court, and county judges are exempt as are the home
addrcsses, telephone numbers, and places of employment of the spouses and childrcn
of justices and judges and the names and locations of the schools and day carc facilitics
attended by their children. Section 119,Cl71 (4) (d) 1.c., FS. ;\ similar exemption cxists
for gcneral magistrates, judgcs of compensation claims, administrative law judges and
child support enforcement hcaring officcrs provided the officcr has madc a writtcn
statement that hc or she has made reasonable efforts to protect such information from
being acccssiblc through other means available to the public. Section 119.071 (4) (d) I.e.,
FS.
Home addresses, telephonc numbers, and photographs of fircfightcrs ccrtified in
compliance with s. 633.35, I'~S., arc cxempt. Scction 119.071 (4)(d)1.b., li.S. 1\ similar
cxemption exists for currcnt or formcr human resourcc, labor relations, or employee
re!ations dircctors, assistant directors, managers, or assistant managcrs of any local
government agency or water managcment district whose duties include hiring and
firing employees, labor contract ncgotiation, administration, or other personnel-related
duties are exempt. Section 119.071(4)(d)1.f., F.S. The same information relating to
current or former code enforcemcnt as wcll as current and formcr juvcnile probation
and dctention officers and supervisors, housc parcnts and supervisors, group treatmcnt
leaders and supervisors, rehabilitation therapists, and social scrvices counselors of
the Department of Juvcnilc Justice is also cxempt. Section 119.1J71(4)(d)1.g. and i.,
FS. The names, home addresses, telcphone numbers, and places of cmployment of
spouses and childrcn of such officers and personnel and thc namcs and locations of
thc schools and day care facilitics attended by their children are also exempt. Sections
129
GOVERNMENT-IN-THE -SUNSHINE-MANUAL
119.071(4)(d)I.b., f., g. and i., FS.
The home addrcsses, telephone numbers, places of employment, and photographs
of currcnt or former guardians ad litem, as defined in s. 39.820, FS., as well as the names
and other identifying information about the spouses and children of such pcrsons,
arc exempt from disclosure requirements, if the guardian ad litem provides a written
statemcnt that he or she has made reasonable efforts to protect such information from
being accessible through other mcans available to the public. Section 119.071 (4) (d) l.h.,
FS.
,\n agency that is the custodian of thc personal information specified above but is
not the cmploycr of the officer, employee, Justice, judgc or other person, shall maintain
thc excmpt status of the personal information only if the officer, employec, judge,
othcr person, or thc cmploying agency of the dcsignated employec submits a written
request for maintcnance of the excmption to thc custodial agency. Section 119.071 (4)
(d)2., FS. See AGOs 05-38 (clerk of value adjustment board), 04-20 (rcquest submitted
to property appraiscr), 04-18 (supervisor of e!ections), and 97-67 (clerk of court). And
see AGO 05-38 (cxemption "governs the protcction of identifying information and
does not discriminate as to the documcnts and records in which the information may
be found"). See also Inf. Op. to Cook, December 22, 2008 (nothing in thc statut~
indicates that such a written rcqucst may be made aftcr a request for thc public record
has bcen made and gencrally, the date in determining whcther a documcnt is subject to
disclosure is the date the public records request is madc, making the law in effcct on
that date applicable).
It should be notcd, however, that the exemptions affordcd by s. 1 19.071(4)(d), I':s.,
apply only to rccords held by a public agcncy or a private entity acting on bchalf of a
public agency; it does not apply to or prcclude a private company from releasing such
information unless that company falls \vithin the dcfinition of "Agency" bccausc it is
acting on behalf of a public agency. Inf. Op. to Gomez, November 3, 2008.
Section 119.071 (5) (i), FS., provides an exemption for identification and location
information, dcfined as thc home address, telephone number and photograph of
a currcnt or former United States attorney, assistant United States attorney, Unitcd
, ,
States Court of Appeals judge, Unitcd Statcs district court Judge or United States
magistrate, as well as the home address, telephone number, photograph, and place
of employmcnt of the spousc or child or the name and location of the school or day
care facility attcnded by tl1C child of such attorney, judge or magistrate. The statute
requircs thc attorncy, judgc or magistrate to submit to the agency having custody
of such information a written request to exempt such information from public
disclosure as wcll as a written statement that that hc or she has made reasonable
efforts to protcct such information from being available to thc public.
Section 395.3025(10), FS., establishes that the home addresscs, te!cphone numbers,
and photographs of hospital or surgical centcr employees who provide dircct patient
care or security services, as well as specificd information about the spouses and children
of such employees, are confidential and excmpt from disclosurc requirements. The
same information must also be held confidential by the facility upon written request
130
GOVERNMENT -IN-THE-S UNSHIN E- MANUAL
by other employees who have a reasonable belicf, based upon specific circumstances
that havc bccn rcported in accordance with the procedure adoptcd by the facility, that
release of the information may be used to thrcaten, intimidatc, harass, inflict violence
upon, or defraud thc cmployee or any mcmbcr of the employce's family. Scction
395.3025(11), ES.
(12) Medical information
Medical information pertaining to a prospective, current, or former officer or
emplovee of an agency which, if disclosed, would identify that officer or employee is
exempt from s. 119.07(1), FS. Section 119,(171 (4) (b) 1., FS. Such information may be
disclosed if the pcrson or the pcrson's lcgal representative providcs written permission
or pursuant to court order. Id. See AGO 98-17 (exemption "appears to extend to
govcrnmcntal employccs the protection for personal medical records that is generally
cnjoyed by private sector employecs").
Whilc medical information of a prospective, currcnt or former officer or
employee of an agency is exempt, identifying information regarding participants in
a school district's health insurance plan does not clearly constitute protectcd medical
information. Chandler v. School Board of Polk County, No. 2008CA-004389 (Ha. 10th
Gr. Ct. October 9, 20(8). And see lnf. Op. to Dockery, Novembcr 10,2008. Subsequent
to thc issuance of these opinions, the Legislature enacted an exemption for pcrsonal
idcntifying information of a dependent child of a current or former officer or employec
of an agency, whose dcpcndent child (as defined in 409.2554, FS.) is insurcd by the
agency's group insurance plan. Section 119.071(4)(b)2., FS. The exemption applics to
pcrsonal idcntifying information held by an agency before, on, or after thc cffcctive
date of this exemption. Id. While pcrsonal identifying information relating to the
dcpendcnt child's participation in an agency's group insurance plan is now confidential,
personal idcntify~ng information relating to thc current or former officcr's or cmploycc's
participation in such plan is subject to disclosure.
Evcry cmploycr who providcs or administers health insurancc bencfits or lifc
insurance bencfits to its employces shall maintain the confidentiality of information
relating to the medical condition or status of any person covered by such insurancc
bcncfits. Such information is exempt from s. 119.07(1), ES. Section 760.50(5), FS.
Patient medical records and medical claims rccords of current or formcr state
or watcr managcment district employees and eligible dependents enrolled in group
insurance plans of the statc or a water managemcnt district are confidential and
exempt from s. 119.07(1), FS.; such records shall not be furnished to any person other
than the employee or thc cmployce's legal representative, except as authorized in the
subsection. Sections 110.123(9) (state cmployees) and 112.08(8) (water management
district employees), FS.
Scction 112.08(7), FS., provides that all mcdical records and medical claims records
of current or formcr county or municipal employees and eligible dependents cnrolled
in a county or municipal group insurance plan are confidcntial and cxcmpt from s.
119.07(1), FS.; such rccords may not be furnished to any pcrson othcr than the employee
or his lcgal representative, exccpt as authorizcd in thc subsection. The cxcmption
131
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
applies broadly and is not limitcd solely to medical records filcd in conjunction with an
employee's participation in a group insurance plan; rather, the excmption applies to all
medical records relating to employccs cnrolled in a group insurance plan. AGO 91 ~
88, citing to News-Press Company, Inc. v. Kaune, 511 So. 2d 1023 (Fla. 2d DCA 1987).
And see AGO 94-78 (monthly printout of mcdical claims paid under city group health
insurance plan that identifics the public cmployecs who obtain cd medical scrvices and
the amounts of the claims, together with some account information, is exempt from
public inspection); and AGO 94-51 (agency "should bc vigilant in its protcction of the
confidcntiality providcd by statute for mcdical tecords of Ilts] employees").
Public school systcm cmployec mcdical records are confidcntial and exempt from
s. 119.07(1), FS. Scction 1012.31(3)(a)5., FS.
If a city owns and opcratcs a mcdical clinic for the use and bcnefit of its cmployees,
thc paticnt rccords at thc clinic arc confidential and may bc relcascd only upon thc
written consent of the patient or under thc spccific circumstances provided undcr
Florida law. AGO 01-33. Under its duty to cnsurc thc confidentiality of such rccords,
the city may allow acccss to such rccords to city employees whose duties arc re!atcd to
the furnishing of medical services to the paticnt/ employee. !d.
(13) Retiree names and addresses
The namcs and addrcsscs of rctirces arc confidcntial and exempt from s. 119.07(1),
FS., to the extent that no statc or local govcrnmental agency may provide the names or
addresses of such persons in aggregatc, compiled or list form cxccpt to public agencies
engaged in official busincss, to collcctivc bargaining agents or to retiree organizations
for official business use. Section 121.031 (5), 1':S. And see s. 121.4501 (19), FS. (personal
identifying information regarding participants in the Public ] ':mployee Optional
Rctircmcnt Program is exempt).
(14) Ridesharing information
Any information provided to an agency for the purpose of forming ride sharing
arrangements, which rcvcals the identity of an individual who has provided his or her
name for ridcsharing, as dcfined in s. 341.031, FS., is exempt from public disclosurc
requirements. Section 119.071 (5)(c),
FS.
7. Social security numbers
Section 119.071 (5)(a)5., FS., states that social security numbcrs held by an agency
are confidential and cxcmpt from public disclosurc requirements; however, the
exemption does not supersedc any fedcrallaw prohibiting the release of social security
numbers or any other applicablc public rccords exemptions for such numbers. See e.g.,
s. 193.114(5), FS., providing that the social security number submitted on an application
for a tax exemption is confidcntial. Disclosurc to another agency or governmental
agency is authorized if: expressly requircd by fcdcral or state law or by court order;
neccssary for thc agency to pcrform its dutics and responsibilities; cxprcssly authorizcd
in writing by the individual to whom the social security number relatcs; made to comply
with the federal Patriot Act, Pub. L. No.1 07 ~56, or Prcsidcntial Executivc Order 13224;
132
GOVERN MENT -IN-THE -SUNSHIN E- MANUAL
for the administration of hcalth benefits to agency employecs or thcir dependents;
for thc administration of a pension fund administcred for agency employees, deferrcd
compcnsation plan or defined contribution plan; or for the administration of thc
Uniform Commercial Code by thc Office of the Sccretary of State. Scction 119.071 (5)
(a)6., FS. And see s. 119.0714(1)(i), F.S. (social security numbers held in court records
arc cxcmpt as provided in s. 119.071 [5][aJ); s. 119.0714(2)(a)and (e) I., FS. (untilJanuary
1, 2011, if a social security number is includcd in a court file, such number may be
included as part of the court rccord available for public inspection and copying unless
redaction is rcquestcd by the holder of such number or by thc holdcr's attorney or lcgal
guardian; after that date, such records are confidential and exempt as provided in s.
119.0711511aJ, ES.). Cf Florida Department of Education v. NYT Management Services,
Inc., 895 So. 2d 1151 (Fla. 1st DCA 2(05) (fcderal law does not authorize newspaper to
obtain social security numbers in state teachcr ccrtification database). And see AGO 05-
37, concluding that thc clerk of court, in rccording documents in the Official Rccords
that arc required to contain social sccurity numbers, may not redact social security
numbers or other confidential information upon receipt; however, the clerk is required
to maintain the confidentiality of that information.
Section 119.0714(3)(b), F.S., now providcs that if a social security number is
included in an official record, such number may be made available as part of the official
records available for public inspection and copying unless redaction is requested by
thc holder of such number or thc holder's attorney or legal guardian; howevcr, if such
rccord is in elcctronic format, on or after January 1, 2011, the county recorder must
use his or hcr bcst cffort to keep the social sccurity number confidential and exempt
as provided for in s. 119.071 (5)(a), FS. Thc holder of a social sccurity number, or thc
holder's attorney or legal guardian, may requcst that a county rccordcr redact from an
imagc or copy of an official record placed on a county recordcr's publicly available
Internet website or on a publicly availablc Internct website used by a county rccorder
to display public records, or othcrwise made electronically available to the public, his
or hcr social security number contained in that official record. Scction 119.0714(3)(c),
FS.
Upon writtcn request which contains the information spccified in thc statutc
including a statement as to how thc social security numbers will be used and identification
of any specific federal or state law permitting such use, a commercial entity engaged in
a "commercial activity" may not be denied access to social sccurity numbcrs, provided
the social security numbers ,,~ll be used only in thc performance of a commercial
activity as that term is dcfined in the exemption. Section 119.071 (5) (a)7.b., FS. Prior
to its amendment in 2007, thc statute permitted the use of such information in the
normal course of business for Icgitimatc business purposes but was amcndcd in 2007
to refer to "commercial activity" which was defined in a manner similar to that of
thc formerdefinition of "legitimate business purpose." See AGOs 04-16 (state agency
must release social security numbers contained in licensing file to qualified commercial
entity when the agency "is assured that this information will only bc uscd in the normal
coursc of business for lcgitimate business purposcs" and 03-23 (authorization docs
not permit release to a private company intending to enter social security numbcrs into
computer database and sell access to the database to other entities and individuals).
And see Express Track Data, L. L. C 11. Town of Orange Park, No. 03-858-C\ (Fla. 4th
Cir. Cr. January 20, 2iJ04) (social security exemption not intended to prcvent "data
133
GOVERNMENT -IN-THE-SUNSHINE- MANUAL
aggregators" from receiving public records which contain social security numbers).
Thc definition of "commcrcial activity" was amendcd in 2009 and is now defincd to
mean the permissiblc uses set forth in the federal Driver's Privacy Protection Act of
1993, 18 U.s.e. ss. 2721 et seq., the Fair Credit Rcporting Act, 15 USe. ss. 1681 et
seq., the Financial Scrvices Modernization Act of 1999, 15 USe. ss. 6801 et seq., or
verification of the accuracy of personal information receivcd by a commercial entity
in the normal course of its business, including identification or prevention of fraud (;r
matching, verifying, or retrieving information. It docs not include the display or bulk
sale of social sccurity numbers to the public or the distribution of such numbcrs to any
customer not identifiable by the commercial entity.
Social security numbcrs of current and former agency cmployees held by the
cmpk)y~ng agency are confidcntial and exempt from disclosure. Section 119.071(4)
(a), I'~S.
D. TO WHAT EXTENT MAY AN AGENCY REGULATE OR LIMIT
INSPECTION AND COPYING OF PUBLIC RECORDS?
1. Mayan agency impose its own restrictions on access to or copying of public
records?
a. Agency-imposed restrictions invalid
Section 119.07(1)(a), FS., establishes a right of access to public records in plain
and uncquivocal terms:
Evcry person who has custody of a public record shall permit the
record to be inspected and copied by any person desiting to do so, at any
reasonable time, under rcasonable conditions, and undcr supcrvision by
the custodian of the public records.
A custodian of public records may not imposc a rule or condition of inspcction
which operates to restrict or circumvent a person's right of access. AGO 75-50. See
also Davis v. Sarasota County Public Hospital Board, 480 So. 2d 203 (Fla. 2d DCi\ 1985),
review denied, 488 So. 2d 829 (lila. 1986), stating that a person making a public rccords
request under s. 119.07(1), ES., was entitlcd to see the actual nonexempt records of
legal fees paid by the hospital board and not merely extracts from such rccords. And
see State v. Webb, 786 So. 2d 602 (Fla. 1 st DCA 2(01) (requirement that persons with
custody of public records allow records to be examined "at any rcasonable time, under
reasonable conditions" is not unconstitutional as applied to public records custodian
who was dilatory in responding to public records requcsts).
The custodian "is at all times rcsponsiblc for the custody of the [public] records
but when a citizen applies to inspect or make copies of thcm it is his duty to make
provision for this to be done in such a manner as will accommodate the applicant and
at the same time safeguard the records." Fuller v. State ex reI. O'Donnell, 17 So. 2d
607 (l'la. 1944). Thus, the right of inspection may not be frustrated or circumvented
through indirect means such as the use of a code book. State ex reI. Davidson v. Couch,
158 So. 103, 105 (l'la. 1934) (right of inspecl10n was "hindered and obstructed" by
city "imposing conditions to the right of examination which werc not reasonable nor
134
GOVERNMENT-IN- THE -SUNSHINE - MANUAL
permissible under the law"). Accord AGO 05-12 (city may not require thc use of a
code to review c-mail correspondence of city's police department and human resourccs
department).
Accordingly, the "reasonable conditions" referred to in s. 119.07(1), FS., do
not include anything that would hamper or frustratc, directly or indirectly, a person's
right of inspection and copying. The term "refers not to conditions which must bc
fulfilled before review is permitted but to reasonable regulations that would permit the
custodian of rccords to protect thcm from alteration, damage, or destruction and also
to ensure that thc person revic\\~ng the records is not subjected to physical constraints
dcsigned to preclude review." Wait v. Florida Power & Light Company, 372 So. 2d 420,
425 (l'la. 1979). See also State ex reI. Davis v. McMillan, 38 So. 666 (Fla. 1905); and
Tribune Company v. Cannella, 458 So. 2d 1075, 1078 (l~'la. 1984), appeal dismissed sub
nom., DePerte v. Tribune Company, 105 S.Ct. 2315 (1985) (tllC solc purposc of custodial
supervision is to protect the records from alteration, damage, or destruction).
Any local enactment or policy which purports to dictatc additional conditions
or restrictions on acccss to public records is of dubious validity since thc legislative
scheme of the Public Records i\ct has prcempted any local regulation of this subject.
Tribune Company v. Cannella, supra at 1077."\ policy of a governmental agency cannot
excmpt it from the application of Ch. 119, FS., a general law. Douglas v. Michel, 410
So. 2d 936, 938 (Fla. 5th DC\ 1982), questions answered and approved, 464 So. 2d 545
(Fla. 1985). Accord AGO 92-09 (utilities commission not authorized to alter tcrms of
Ch. 119, F.S.); and AGO 75-50 00cal agcncy has no discretion to alter Ch. 119, FS.,
requirements because the state posscsscs exclusive control over access, maintenancc,
retention and disposal of public rccords). And see AGO 90-04 (county official not
authorizcd to assign county's rights to a public record as part of a settlement agreement
compromising a lawsuit against thc county).
b. Mail procedures
The Public Rccords Act is applicable to letters or othcr documents rcccived by
a public official in his or hcr official capacity. AGO 77-141. As with othcr public
rccords, upon receipt of a public records rcqucst for correspondencc, the custodian
should retricve the records, rcview them for exemptions and allow public inspection
of the nonexempt matcrial. Mail addressed to the mayor or a city council member at
City Hall and reccived at City Hall should not be forwarded unopened to the private
. .
rcsidencc of the mayor or council member, but rathcr tl1e original or a copy of thc mail
that constitutes a public record should be maintaincd at city offices. AGO 04-43.
c. Inspection at off-premises location
A trial court crrcd whcn it failed to hold a hearing before denying a request to
require a district to permit inspection at thc district officcs, rather than at an off-
prcmises location. James v. Loxahatchee Groves Water Control District, 820 So. 2d 988
(Fla. 4th DCA 20(2). The agency argued that it would bc "disruptive" to require that
the records inspection be conducted at its offices. Id. However, thc appeals court ruled
that a hearing should have been held to determine whether the requestor, who was in
litigation with the district, should be allowed to view the records at the district offices,
and if so, under what conditions. Id.
135
GOVERNMENT-IN-THE-SUNSHIN E- MANUAL
2. What individuals are authorized to inspect and receive copies of public records?
Section 119.01, I\S., providcs that "[iJtis the policy of this state that all state, county,
and municipal records are open for personal inspection and copying by any person."
(c.s.) A former state citizcnship requirement was deleted from the law in 1975. A
public employee is a pcrson within the meaning of Ch. 119, FS. and, as such, possesses
thc samc right of inspection as any other person. /\GO 75-175. Likewise, a county is
"any person" who is allowcd to seek public records under Ch. 119, FS. Hillsborough
County, Florida v. Buccaneers Stadium Limited Partnership, No. 99-0321 (l'la. 13th Cir.
Ct. February 5, 1999), affirmed per curiam, 758 So. 2d 676 (Fla. 2d DCA 20(0)
Thus, "the law provides any membcr of the public access to public records,
whether he or she be the most outstanding civic citizcn or the most heinous crimina1."
Church of Scientology Flag Service Org., Inc. v. Wood, No. 97 -688CI-07 (Fla. 6th Cir. Ct.
l'ebruary 27,1997). "[:\]s long as the citizens of this state desire and insist upon 'open
government' and liberal public records disclosure, as a cost of that frecdom public
officials have to put up with demanding citizens even whcn thcy are obnoxious as long
as thev violate no laws." State v. Colby, No. MM96-317A-XX (Fla. Highlands Co. Ct.
May 23, 1996). "EvCt1 though a public agency may belicve that a person or group arc
fanatics, harassers or are extrcmely annoying, the public records are available to all of
the citizens of the State of Florida." Salvadore v. City of Stuart, No. 91-812 C\ (l'la.
19th Cir. Ct. Deccmber 17,1991). And see Curry v. State, 811 So. 2d 736, 741 (Fla. 4th
DC:\ 20(2) (defendant's conduct in making over 40 public records requests concerning
victim constituted a "legitimatc purpose," and thus cannot violate the stalking law
"becausc thc right to obtain the records is establishcd by statutc and acknowledgcd in
the state constitution").
3. Must an individual show a "special interest" or "legitimate interest" in public
records before being allowed to inspect or copy same?
No. Chapter 119, I'S, requires no showing of purpose or "special interest"
as a condition of access to public records. "Thc motivation of the person seeking
the records does not impact the person's right to sce them under the Public Records
Act." Curry v. State, 811 So. 2d 736, 742 (Fla. 4th DC:\ 20(2). See also Timoney
v. City of Miami Civilian Investigative Panel, 917 So. 2d 885, 886n.3 (lila. 3d DCA
2005) ("generally, a person's motive in secking access to public records is irrelevant");
Staton v. McMillan, 597 So. 2d 940, 941 (Fla. 1 st DCA 1992), review dismissed sub nom.,
Staton v. Austin, 605 So. 2d 1266 (Fla. 1992) (petitioncr's reasons for sceking access to
public rccords "are immaterial"); Lorei v. Smith, 464 So. 2d 1330, 1332 (Fla. 2d DCA
1985), review denied, 475 So. 2d 695 (lila. 1985) (legislative objective underlying the
creation of Ch. 119 was to insure to the people of Florida the right free!y to gain
access to governmental records; the purpose of such inquiry is immaterial); and News-
Press Publishing Company, inc. v. Gadd, 388 So. 2d 276, 278 (Fla. 2d DC\. 1980) ("the
newspaper's motives Ifor seeking the documcnts], as wcll as the hospital's financial
harm and public harm defenses, are irrelevant in an action to compel compliance with
the Public Records Act").
"[TJhe fact that a person seeking access to public records wishes to use them in
136
GOVERNMENT-IN- THE-S UNSHINE-MANUAL
a commcrcial enterprisc does not alter his or her rights under Florida's public records
la\v." Microdecisions, Inc. v. Skinner, 889 So. 2d 871, 875 (Fla. 2d DCA 2(04), review
denied, 902 So. 2d 791 (Fla. 2(05), cert. denied, 126 S.Ct. 746 (2005). See also State ex
reI. Davis v. McMillan, 38 So. 666 (Fla. 1905) (abstract companies may copy documents
from the clerk's officc for their own usc and scll copies to the public for a profit);
Booksmart Enterprises, Inc. v. Barnes & Noble College Bookstores, Inc., 718 So. 2d 227,
228n.2 (Fla. 3d DC1\ 1998), review denied, 729 So. 2d 389 (l'la. 1999) ("Booksmart's
reason for wanting to view and copy the documcnts is irrelevant to the issue of whether
the documents arc public records"). Cf Fla. R .Iud. :\dmin. 2.420(f )(1), stating that a
person requesting records of the judicial branch is not required to disclosc thc reason
for the rcqucst. Accord Tedesco v. State, 807 So. 2d 804, 806 (l'la. 4th DCA 2002) (no
rcquirement that any person show a "nccd" in order to obtain public records of the
judicial branch).
Scction 817.568, FS., providcs criminal penaltics for the unauthorized use of
pcrsonal identification information for fraudulent or harassmcnt purposes. Criminal
use of a public record or public rccords information is proscribed in s. 817.5(,9, FS.
4. What agency employees are responsible for responding to public records
requests?
Scction 119.011 (5), FS., defincs the term "custodian of public rccords" to mean "thc
elected or appointed statc, county, or municipal officer charged "'~th the rcsponsibility
of maintaining thc office having public records, or his or hcr dcsignee." Howevcr, the
courts have concluded that thc statutory refcrcncc to the rccords custodian docs not
altcr the "duty of disclosure" imposed by s. 119.07(1), FS., upon "[e]very person who
has custody of a public rccord." PuIs v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th
DCA 1996). IEmphasis supplicd by the courtl.
Thus, thc tcrm "custodian" for purposes of thc Public Rccords Act refers to all
agency personnel who have it within thcir power to releasc or communicate public
records. Mintus v. City of West Palm Beach, 711 So. 2d 1359 (l'la. 4th DCA 1998) (citing
Williams v. City of Minneola, 575 So. 2d 683, (,87 [Fla. 5th DC\ 1991 D. But, "thc mcrc
fact that an cmployec of a public agency temporarily possesses a document does not
neccssarily mean that the pcrson has custody as defined by section 119.07." Id. at 1361.
In order to havc custody, one must ha\T supervision and control ovcr thc documcnt
or have legal rcsponsibility for its care, keeping or guardianship. Id. And see Alterra
Healthcare Corporation v. tstate of Shelley, 827 So. 2d 936, 940n.4 (l'la. 2(02), noting that
"only the custodian" of agcncv personnel records may asscrt any applicable statutory
. d' I " hI"
exemption to lSC osurc; not t e cmp oyee.
The custodian of public rccords, or a person having custody of public records,
may designatc anothcr officer or employec of the agency to permit the inspection and
copying of public records, but must disclose thc identity of thc designec to the person
requcsting to inspect or copy public records. Section 119.07(1)(b), FS. The custodian
of public records and his or her dcsignee must acknowledge requests to inspect or
copy rccords promptly and respond to such requests in good faith. Section 119.07(1)
(c), FS. A good faith response includcs making rcasonablc efforts to dctcrmine from
other officers or cmployees within thc agency whether such a record exists and, if so,
137
GOVERNMENT-IN-THE-SUNSHINE -MANUAL
thc location at which the record can bc accessed. Id
5. Mayan agency refuse to comply with a request to inspect or copy the
agency's public records on the grounds that the records are not in the
physical possession of the custodian?
No. An agency is not authorized to rcfuse to allow inspection of public records it
made or received in connection with the transaction of official business on the grounds
that the documents are in the actual posscssion of an agency or official other than
the rccords custodian. See Wallace v. Guzman, 687 So. 2d 1351 (Fla. 3d DCA 1997)
(public rccords cannot bc hidden from the public by transferring physical custody of
the records to the agency's attorncys); Tober v. Sanchez, 417 So. 2d 1053 (Fla. 3d DCA
1982), review denied sub nom., Metropolitan Dade County Transit Agency v. Sanchez, 426
So. 2d 27 (l'la. 1983) (official charged with maintenancc of records may not transfcr
actual physical custody of records to county attorney and thereby avoid compliance with
rcquest for inspection under Ch. 119, FS.); and ,\CO 92-78 (public housing authority
not authorized to ,,~thhold its records from disclosure on the grounds that the records
have been subpoenaed by the state attorney and transfcrred to that office).
Thus, in Barfield v. Florida Department of Law Enforcement, No. 93-1701 (Fla. 2d
Cir. Ct. May 19, 1994), thc court he!d that an agcncy that received rccords from a private
entity in the coursc of official business and did not make copies of the documents
could not "rcturn" them to the entity following receipt of a public records request.
The court ordcrcd thc agency to demand the return of the records from thc private
entity so they could be copied for thc requestor.
Similarly, in Times Publishing Company v. City of St. Petersburg, 558 So. 2d 487, 492-
493 (lila. 2d DCA 1990), thc court found that both the city and a private cntity violated
the Public Records :\ct when, pursuant to a plan to circumvent Ch. 119, FS., the city
avoided taking possession of negotiation documents rcviewed and discussed by both
partics and instead left them \\~th the private cntity's attorncy. Thc court determined
that although city officials may havc intcnded merely to "avoid" the law, thc effect of
their actions was to "cvade thc broad policy of open govcrnmcnt." See alstr Wisner v.
City of Tampa Police Department, 601 So. 2d 296, 298 (Fla. 2d DCA 1992), stating that
a city may not allow a privatc entity to maintain physical custody of public rccords
(polygraph chart used in intcrnal investigation) "to circumvent the public records
chaptcr." Similarly, thc court in National Collegiate Athletic Association v. The Associated
Press, Casc No. ID09-4385 (Fla. 1st DC\ filed October 1, 2(09), held that records
on privatc cntity's securc web site that were viewcd and used by a state university in
carrying out its official duties werc public records cven though thc university did not
take physical possession.
Howevcr, in ACO 88-26, it was concluded that Ch 119, FS., does not requirc
a county to transport microfilmcd copies of public records maintained in a storage
facility outside thc county to the county courthouse whcn the originals are available
at thc courthousc. The microfilmcd copies, howcvcr, must bc available for copying at
their location outside the county. See also A(;() 92-85, stating that individual school
board mcmbers arc not requircd to retain copies of public records which are regularly
maintained in thc course of business by the clcrk of thc school board in the school
board administrative officcs.
138
GOVERNMENT- IN- THE-S UNSHINE-MANUAL
Pursuant to the Public Records Act, public records may routine!y be removed
from the building or office in which such rccords are ordinarily kept only for official
purposes. AGO 93-16. Thc retention of such records in thc homc of a public official
would appear to circumvent tl1e public access requirements of the Public Records Act
and compromise the rights of the public to inspcct and copy such records. Id. See s.
119.021, FS. And see AGO 04-43 (mail addressed to city officials at City Hall and
received at City Hall should not be forwarded unopencd to the private residences of
the officials, but rather the original or a copy of the mail that constitutes a public rccord
should be maintained at city officcs).
I f municipal pension rccords are stored in a rccords storage facility outside city
limits, the city may not pass along to the public records requestor thc costs to retrieve
the records. Inf. Op. to Sugarman, September 5,1997. .\ny delay in production of the
rccords beyond what is reasonable under the circumstances may subject the custodian
to liabIlity for failurc to produce public records. Id. And see i\GO 02-37 (agency not
authonzed to require that production and copying of public records be accomplished
only through a private company that acts as a clearinghouse for the agency's public
records information pursuant to a contract between the agency and thc privatc
company).
6. Mayan agency refuse to allow access to public records on the grounds that the
records are also maintained by another agency?
No. Thc fact that a particular rccord is also maintained by another agency does
not relieve the custodian of the obligation to permit inspection and copying in the
absence of an applicable statutory exemption. AGO 86-69. If information contained
in thc public record is available from other sources, a person secking access to the
record is not required to make an unsuccessful attcmpt to obtain the information from
those sourccs as a condition precedcnt to gaining access to the public records. Warden
v. Bennett, 340 So. 2d 977, 979 (l'la. 2d DC\ 1976).
7. May an agency refuse to allow inspection or copying of public records
on the grounds that the request for such records is "overbroad" or lacks
particularity?
No. In Lorei v. Smith, 464 So. 2d 1330, 1332 (Fla 2d DC\ 1985), review denied,
475 So. 2d 695 (I"la. 1985), thc court recognized that thc "breadth of such right [to
gain access to public records] is virtually unfettcred, save for the statutory exemptions
. , . ." Accordingly, in the absencc of a statutory cxemption, a custodian must producc
the records requested rcgardlcss of the number of documents involved or possible
inconveniencc. Note, howevcr, that pursuant to s. 119.07(4)(d), FS., the custodian is
authorized to charge, in addition to the cost of duplication, a reasonable scrvice charge
for the cost of the extcnsivc use of information technology resources or of personnel,
if such extensivc use is required because of the nature or volume of public records to
be inspected or copied. See 1\GO 92-38 (agency may not restrict access to and copying
of public records based upon the amount rcquested or the span of time which is
covcred by thc public records; however, if extensive use of information tcchnology
resourccs or clerical or supervIsory personnel is necded for retricval of such records,
the agcncy may impose a reasonable scrvice chargc pursuant to former s. I 19.07[1][b]
[now s. 119.07(4)(d), FS.], based upon the actual costs incurrcd for the usc of such
139
GOVERNMENT-IN-THE -SUNSHIN E- MANUAL
rcsourccs or pcrsonnel).
Thus, a pcrson seeking to inspect "all" financial rccords of a municipality may not
be rcquired to specify a particular book or record he or shc "'~shes to inspect. State ex
reI. Davidson v. Couch, 156 So. 297,300 (Fla. 1934). In Davidson, the Florida Supremc
Court eXplained that if this werc the case, "one person may bc required to specify thc
book, while anothcr and more favored one, becausc of his pretcnded ignorancc of the
name of thc rccord might be permitted examination of all of them." Id. Such a result
would be inconsistent with the mandatc in thc Public Records Act that public records
are open to all who wish to inspect them. !d. Cf Salvadore v. City of Stuart, No. 91-812
CA (Fla. 19th Cir. Ct. Deccmber 17, 1991), stating that if a public rccords request is
insufficient to identify the records sought, the city has an affirmativc duty to promptly
notify thc requestor that morc information is nceded in order to produce the records;
it is the rcsponsibility of thc city and not thc requestor to follow up on any requcsts for
public records. Compare Woodard v. State, 885 So. 2d 444, 446 (l'la. 4th DCA 2(04)
(rccords custodian must furnish copies of records when the pcrson requesting them
idcntifies thc portions of the rccord with sufficient spccificity to permit the custodian
to idcntify the record and forwards the statutory fee).
8. Mayan agency require that a request to examine or copy public records be
made in writing?
Chapter 119, FS., docs not authorize an agency to require that requests for rccords
must be in writing. See Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302,
305n.l (Fla. 3d DC\ 20(1) ("There is no rcquirement in the Public Records Act that
requcsts for records must be in writing"). As notcd in AGO 80-57, a custodian must
honor a request for copics of records which is sufficient to identify thc records desircd,
whether the request is in writing, over the telephone, or in person, provided that the
rcquircd fccs arc paid.
If a public agency believes that it is necessary to provide written documentation
of a request for public records, the agency may requirc that thc custodian complete an
appropriate form or document; however, the person requesting the records cannot
be required to provide such documentation as a precondition to thc granting of the
rcqucst to inspect or copy public rccords. See Sullivan v. City of New Port Richey, No.
86-1129CA (Fla. 6th Cir. Ct. May 22, 1987), per curiam affirmed, 529 So. 2d 1124 (Fla.
2d DCA 1988), noting that a demandant's failure to complete a city form requircd for
acccss to documents did not authorize the custodian to refuse to honor the request to
inspect or copy public records.
Howcver, a request for records of the judicial branch (which is not subject to
Ch. 119, I':s., see Times Publishing Company v. Ake, 660 So. 2d 255 [Fla. 1995]), must
be in writing. Rule 2420(f )(1), I'la. R. .Iud. :\dmin. In its commcntary accompanying
the rule change that incorporatcd tl,e written request requirement, the Court said that
the "writing rcquirement is not intended to disadvantage any person who may have
difficulty writing a requcst; if any difficulty exists, the custodian should aid the requcstor
in reducing the requcst to writing." In re Report of the Supreme Court Workgroup on
Public Records, 825 So. 2d 889, 898 (l~'la. 2(02).
9. Mayan agency require that the requestor furnish background information
140
GOVERNMENT - IN- THE-SUNSHINE-MANUAL
to the custodian?
A person requesting acccss to or copics of public records may not be required
to disclose his or her namc, addrcss, telephonc number or thc like to the custodian,
unless the custodian is required by law to obtain this information prior to releasing the
records. AGOs 92-38 and 91-76. See also Bevan v. Wanicka, 505 So. 2d 1116 (l'la. 2d
DCA 1987) (production of public records may not be conditioned upon a requirement
that the pcrson seeking inspecllon disclose background information about himself or
herself). Cf s. 1012.31(2)(f ), FS., providing that the custodian of public school
employee personnel files shall maintain a rccord in the file of those persons revie"'~ng
an cmployce personnel file each time it is reviewed.
10. Is an agency required to: answer questions about its public records; create a
new record in response to a request for information; or reformat its records
in a particular form as demanded by the requestor?
The statutory obligation of the custodian of public records is to providc acccss to,
or copies of, public records "at any reasonable time, under reasonablc conditions, and
under supcrvision by the custodian of the public records" providcd that the required
fees are paid. Scction 119.07(I)(a) and (4), FS. However, a custodian is not requircd
to give out inftrmation from thc records of his or hcr officc. AGO 80-57. The Public
Records Act does not require a town to produce an employee, such as thc financial
officcr, to answer questions regarding thc financial records of the town. 1\GO 92-38.
Cf In re Report of the Supreme Court Workgroup on Public Records, 825 So. 2d 889, 898
(Fla. 2(02) (thc custodian of judicial records "is required to provide access to or copies
of records but is not required either to provide information from rccords or to create
new records in response to a rcc.}ucst").
In othcr words, Ch. 119, FS., provides a right of access to inspect and copy an
agency's existing public records; it docs not mandate that an agency create new records
in order to accommodate a requcst for information from the agency. Thus, the clcrk
of court is not required to providc an inmatc with a list of documents from a case file
which may be responsive to some forthcoming request. Wootton v. Cook, 590 So. 2d
1039 (Fla. 1st DCA 1991). Howcver, in order to comply with the statutory dircctive
that an agency provide copies of public records upon paymcnt of the statutory fee, an
agency must respond to requcsts by mail for information as to copying costs. Id. See
also Woodard v. State, 885 So. 2d 444, 445n.l (l'la. 4th DCA 2(04), remanding a case
for further proceedings where thc custodian forwarded only information relating to
the statutory fee schcdule rather than the total copying cost of the tequested records;
Gilliam v. State, 996 So. 2d 956 (Fla. 2d DCA 2(08) (clerk, as custodian of Judicial
rccords, had a lcgal duty to respond to Gilliam's request for information regarding
costs) .
Similarly, an agency is not ordinarily rellU1rcd to reformat its rccords and provide
them in a particular form as demanded by the requestor. As explained in Seigle v. Barry,
422 So. 2d 63, 65 (Fla. 4th DC1\ 1982), review denied, 431 So. 2d 988 (Fla. 1983):
If the health dcpartment maintains a chronological list of dog-bite
incidents with rabies implications [a] plaintiff, bitten by a suspect dog,
may not require the hcalth department to reorder that list and furnish
141
GOVERN MENT -IN-THE -SUNSHINE- MANUAL
a record of incidents segregated by geographical areas. Nothing in the
statute, case law or public policy imposes such a burden upon our public
officials.
Howcvcr, an agency must provide a copy of the record in the medium rcqucstcd
if the agency maintains the record in that medium. Section 119.01 (2)(1), FS. Thus, a
custodian of public records must, if asked for a copy of a computer software disk used
by an agency, providc a copy of the disk in its original format; a typed transcript would
not satisfy the requirements of s. 119.07(1), FS. AGO 91-61. Cf Miami-Dade County
v. Professional Law Enforcement Association, 997 So. 2d 1289 (l"la. 3d DCA 20(9), in
which the court rejected the county's argument that copying the aviation unit's separate
"daily activity reports" was sufficient to comply with a rcquest for the personal /light
log cntries of /lights of police department pilots assigned by the county to thc aviation
unit, holding that the fact that pertinent Information may exist in more than one format
is not a basis for excmption or denial of the request.
11. When must an agency respond to a public records request?
Section 119.07(1)(c), FS., requires that the custodian of public records or his or her
designee to acknowledge requcsts to inspect or copy records promptly and to respond
to such requests in good faith. Thc Public Rccords Act, however, does not contain a
specific timc limit (such as 24 hours or 10 days) for compliance with public records
rcquests. The Florida Supreme Court has statcd that the only delay in producing
records pcrmitted under Ch. 119, FS., "is the limited reasonable time allowed the
custodian to retrieve the record and delete those portions of the rccord the custodian
asserts are cxcmpt." Tribune Company v. Cannella, 458 So. 2d 1075, 1078 (Ha. 1984),
appeal dismissed sub nom., DePerte v. Tribune Company, 105 S.Ct. 2315 (1985).
a. Automatic delay impermissible
A municipal policy which provides for an automatic delay in the production of
public records is impcrmissible. Tribune Company v. Cannella, 458 So. 2d 1075, 1078-
1079 (lOla. 1984), appeal dismissed sub nom., Deperte v. Tribune Company, 105 S.Ct. 2315
(1985). See also Michel v. Douglas, 464 So. 2d 545, 546 at n.2 (Fla. 1985), wherein
the Supreme Court noted that a county resolution impos1t1g a 24-hour waiting period
before allowing inspection of county pcrsonnel records which had been upheld in
an earlicr appellate decision [Roberts v. News-Press Publishing Company, Inc., 409 So.
2d 1089 (Fla. 2d DCA), review denied, 418 So. 2d 1280 (Fla. 1982)1. was no longer
enforceable in light of subscqucnt judicial decisions.
Thus, an agency is not authorized to delay inspection of pcrsonncl records in
ordcr to allow the employee to be present during the inspection of his or hcr records.
Tribune Company v. Cannella, 458 So. 2d at 1078. Compare s. 1012.31(3)(a)3., FS., in
which the Legislature has expressly provided that no material derogatory to a public
school employcc may be inspected until 10 days after the cmployee has been notified
as prescribed by statute.
Similarly, the ;\ttorncy General's Office has advised that a board of trustees of a
142
GOVERNMENT- IN-THE -SUNSHINE- MANUAL
police pension fund may not delay releasc of its records until such time as thc request
is submittcd to the board for a votc. AGO 96-55.
b. Delay in response
An agency's unreasonable and exccssive delays in producing public records can
constitute an unlawful refusal to provide access to public records. Town of Manalapan
v. Rechler, 674 So. 2d 789, 790 (Fla. 4th DCA 1996), review denied, 684 So. 2d 1353
(Fla. 1996) (mandamus is an appropriate remedy to compel the timely production of
public records requestcd under Ch. 119). In Town of Manalapan, the appellate court
affirmcd the lowcr court's finding that the town engaged in a "pattern of delays" by
taking months to fully comply with the pctitioner's public records requests. See Rechler
v. Town of Manalapan, No. CL 94-2724 AD (Fla. 15th Cir. Ct. November 21, 1994).
Similarly, in State v. Webb, 786 So, 2d 602, 604 (l'la. 1 st DC\ 2001), the court
held that it was error for a lower court judge to vacate a misdcmeanor conviction of a
rccords custodian (\'Vebb) who had been found guilty of willfully violating s. 119.07(1)
(a), FS., based on her "dilatory" response to public rccords requests filed by a citizen
(\'i/atson):
Evidence was prcsentcd that Webb took one and one-half months to
respond to Watson's initial public-records rcquest; that it was nearly
four months before Webb attemptcd to schcdule a tinie for Watson to
rcview documents responsive to thc rcquests; that \\!ebb gavc Watson
one hour to review a tcn-inch stack of documcnts and then allowcd only
two additional one-hour sessions five wceks latcr; that Wcbb tcrminated
Watson's review after this third scssion; and that Webb did not providc
all of her public records until shc receivcd a rcqucst from the grand jury
nearly seven months after Watson's rcqucst.
By contrast, in Lang v. Reedy Creek Improvement District, No. CJ-5546 (Fla. 9th
Cir. Ct. October 2, 1995), affirmed per curiam, 675 So. 2d 947 (Fla. 5th DC\ 1996),
the circuit court rcjccted thc petitioner's claim that thc agency should have produced
rcqucstcd records within 10, 20 and 60-day periods. The court determined that the
agcncy's response to numerous (19) public rccords rcquests for 135 categorics of
information and records filed by the opposing party 1n litigation was reasonable in
light of thc cumulativc impact of the requcsts and thc fact that the requested records
contained exempt as well as nonexempt information and thus rcquired a considcrablc
amount of revicw and redaction. And see Herskovitz v. Leon County, No. 98-22 (l'la.
2d Cir. Ct. June 9, 1998), in which the court said that in view of the "naturc and
volumc of the matcrials requestcd lover 9000 pagesJ, their location, and the need for
closc supervision by some knowledgcable pcrson of the review of thosc rccords for
possible exemptions," the amount of time expended by the county to producc the
records (several weeks) to opposing counsel was not unreasonable.
c. Arbitrary time for inspection
While an agcncy may restrict the hours during which public rccords may bc
inspected to those hours when the agency is open to the public, a custodian is not
authorized to establish an arbitrary time pcriod during which rccords mayor may not
143
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
be inspected. :\CO 81-12. Thus, an agency policy which permits inspcction of its
public records only from !:OO p.m. to 4:30 p.m., Monday through Friday, violates the
Public Records :\ct. Inf. Op. to Riotte, May 21, 1990. There may be instances where,
due to the nature or volume of thc records requested, a delay bascd upon thc physical
problems in retricving the records and protecting them is necessary; howcvcr, the
adoption of a schedule in which public records may be viewed only during ccrtain
hours is impermissible. Id.
d. Standing requests
Thc Florida Attorney General's Officc has stated that upon receipt of a public
records request, the agency must comply by producing all non-exempt documents in
thc custody of the agency that arc responsivc to thc rcqucst, upon paymcnt of thc
charges authorizcd in Chaptcr 119, FS. However, this mandatc applies only to those
documents in the custody of the agency at the time of the request; nothing in the
Public Records law appears to rcquirc that an agency respond to a so-called "standing"
rcqucst for production of public records that it may receive in the future. See Inf. Op.
toWorch..June 15, 1995.
12. In the absence of express legislative authorization, may an agency refuse to
allow public records made or received in the normal course of business to
be inspected or copied if requested to do so by the maker or sender of the
document?
No. To allow thc makcr or sender of documents to dictate the circumstances
under which the documents are to be deemcd confidential would permit private
partics as opposed to thc Legislature to determinc which public records are subject to
disclosure and which are not. Such a result would contravenc thc purpose and terms
of Ch. 119, FS. See Gadd v. News-Press Publishing Company, 412 So. 2d 894 (Fla. 2d
DCA 1982) (records of a utilization review committee of a county hospital werc not
exempt from Ch. 119, I'S, evcn though the information may have comc from sourccs
who expectcd or were promised confidentiality); Browning v. Walton, 351 So. 2d 380
(Fla. 4th DCA 1977) (a city cannot refuse to allow inspection of rccords containing
thc names and addrcsses of city employces who havc filled out forms requesting that
thc city maintain the confidentiality of all material in their personncl files); City of
Pinellas Park, Florida v. Times Publishing Company, No. 00008234CI-19 (l'la. 6th Cir.
Ct. January 3, 2(01) ("therc is absolutely no doubt that promises of confidentiality
19iven to cmployees who wcrc asked to respond to a survey] do not empower thc Court
to depart from thc public records law"). And see Hill v. Prudential Insurance Company of
America, 701 So. 2d 1218 (lila. 1 st DCA 1997), review denied, 717 So. 2d 536 (l"la. 1998)
(matcrials obtained by state agency from anonymous sourccs during thc coursc of its
invcstigation of an insurance company wcrc public records and subJect to disclosure
in the abscnce of statutory cxemption, notwithstanding the company's contcntion
that the records werc "stolen" or "misappropriatcd" privileged documcnts that were
delivered to thc state without thc company's pcrmission). Compare Doe v. State, 901 So.
2d 881 (Fla. 4th DCA 2(05) (where citizen providcd information to state attorney's
officc which led to a criminal invcstigation, and hc was justified in inferring or had a
reasonable expcctation that he would be treatcd as a confidential source in accordance
\\~th statutory exemption now found at s. 119.071 [21lf J, FS., the citizen was entitled to
have his identifying information redactcd from the closed file, even though there was
144
GOVERNMENT-IN -THE -SUNSHINE - MANUAL
no exprcss assurance of confidcntiality by the state attorney's office).
Thus, it has becn held that an agcncy "cannot bargain away its Public Rccords
Act duties with promises of confidcntiality in settlcment agreements." The Tribune
Company v. Hardee Memorial Hospital, No. CJ\-91-370 (Fla. 10th Gr. Ct. ;\ugust 19,
1991), stating that a confidentiality provision in a settlement agreement which resolved
litigation against a public hospital did not removc the document from the Public Records
Act. Cf s. 69.081(8), FS., part of the "Sunshinc in Litigation Act," providing, subject
to certain exceptions, that any portion of an agrcement which has the purpose or effect
of concealing information relating to the settlcmcnt or resolution of any claim or
action against an agency is void, contrary to public policy, and may not be enforced, and
requiring that settlement records be maintained in compliancc with Ch. 119, FS. And see
Inf. Op. to Barry, June 24,1998, citing to s. 69.081 (8)(a), and stating that "a state agency
may not cnter into a settlement agrecment or other contract which contains a provision
authorizing thc concealment of information relating to a disciplinary procecding or
othcr advcrse employment decision from thc rcmainder of a pcrsonnel filc." And see
National Collegiate Athletic Association v. The Associated Press, Case No. ID09-4385 (Fla.
1st DCA filed Octobcr 1, 2(09), holding that a confidentiality agreemcnt entered into
by a private law firm on bchalf of a statc university with thc NCAA that allowed
access to records contained on the NCAi\'s securc custodial web site that werc used
by the university in preparing a response to possible NCA!\ sanctions, had no impact
on whether such records were public rccords, stating that "Ia] public record cannot
be transformed into a private record merely because an agcnt of the government has
promised that it will be kcpt private."
Accordingly, it is clear that thc determination as to when public rccords are to
bc deemed confidential rests exclusively with the Legislahlrc. See Sepro Corporation v.
Florida Department of Environmental Protection, 839 So. 2d 781 (Ha. 1st DC\ 2003),
review denied sub nom., Crist v. Department of E'rlllironmental Protection, 911 So. 2d 792
(Fla. 20(5) (privatc party cannot render public records exempt from disclosure mcrely
by dcsignating as confidcntial the material it furnishes to a state agency). See also ;\CO
90-104 (desire of data processing company to maintain "privacy" of certain materials
filed with Departmcnt of State is of no consequcnce unless such materials fall within
a legislatively created exemption to Ch. 119, FS.); AGO 71394 (reports received and
marked "confidcntial" or "rcturn to sendcr" must be open to public inspcction unless
exemptcd from disclosure by the Legislaturc); and AGO 97-84 (architectural and
enginecring plans under seal pursuant to s. 481.221 or s. 471.()25, FS., that arc held by
a public agcncy in conncction \vith the transaction of official business are subject to
public inspection).
Thcrefore, unless the Legislature has expressly authorized the maker of documents
received by an agency to kecp the material confidential, the ,,~shes of the sender in this
rcgard cannot supersede the rcquirements of Ch. 119, FS. Compare e.g., s. 377.2409(1),
FS. (information on gcophysical activities conducted on statc-owned mineral lands
received by Department of Environmental Protection shall, on the rcquest of the
person conducting the activitics, be held confidential and exempt from Ch. 119, FS.,
for 10 years).
13. Must an agency state the basis for its refusal to release an exempt record?
145
GOVERNMENT -IN-THE -SUNSHINE- MANUAL
Yes. Section 119.07(1)(c), FS., states that a custodian of a public record who
contends that a record or part of a record is exempt from inspection must state the
basis for thc cxemption, including the statutory citation to the excmption. Additionally,
upon rcqucst, the custodian must state in writing and with particularity the reasons
for the conclusion that the record is exempt or confidential. Section 119.07(I)(f ),
FS. See weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2(00) (agcncy's rcsponsc that
it had providcd all records '\\~th the exception of certain information relating to the
victim" deemed inadequate becausc the response "failed to identify with spccificity
cither the reasons why records werc bclieved to be exempt, or the statutory basis for
any exemption"); and Langlois v. City of Deerfield Beach, Florida, 370 1\ Supp 2d 1233
(S.D. Fla. 2005) (city fire chief's summary rejection of rcquest for employee personnel
file violated the Public Records ;\ct because thc chief gavc no statutory rcason for
failing to produce the rccords). CJ City of St. Petersburg v. Romine, 719 So. 2d 19,21
(Fla. 2d DC\ 1998), noting that the Public Records ;\ct "may not be used in such
a way to obtain information that the legislanlre has declarcd must be exempt from
disclosute." Accord ;\G 0 06-04 (requcst for agency rccords may not be phrased ot
rcsponded to in tcrms of a request for thc spccific documents asked for and received
by a law enforcement agency during the course of an active criminal investigation).
I t has been he!d that a ftderal agency subjcct to the fedcral Freedom of Information
Act must, in addil10n to providing a detailcd justification of the basis for claimed
exemptions under thc Act, spccifically itemizc and index thc documents involvcd so as
to show which are disclosable and which are excmpt. See Vaughn v. Rosen, 484 F.2d 820,
827-828 (D.e. Cir. 1973), cert. denied. 94 S.Cr. 1564 (1974). Howcver, a Florida court
rcfused to apply the Vaughn requirements to the state Public Records Act, stating "wc
reject appellants' suggestion that we engraft upon the Act the wholly pragmatic devices
of 'specificity, separation, and indexing,' which the United States Court of Appeals
for thc District of Columbia perccived in Vaughn v. Rosen Icitations omitted] to be
necessary to thc administration of the Frccdom of Information Act,S USe. s. 552
(FOL\).;' Lorei v. Smith, 464 So. 2d 1330, 1332 (Iila 2d DC.\ 1985), review denied, 475
So. 2d 695 (l'la. 1985). And see Lopez v. State, 696 So. 2d 725 (Fla. 1997) (state attorney's
contention that requested records wcre work product and not subject to public records
disclosurc was sufficient to identify asscrted statutory excmptions).
14, Mayan agency refuse to allow inspection and copying of an entire public
record on the grounds that a portion of the record contains information
which is exempt from disclosure?
No. Whcrc a public rccord contains some information which is exempt from
disclosure, s. 119.07(I)(d), FS., requires the custodian of the rccord to deletc or cxcise
only that portion or portions of the rccord for which an excmption is assertcd and to
provide the remaindcr of the record for examination. See Ocala Star Banner Corp. v.
McGhee, 643 So. 2d 1196 (Fla. 5th DCA 1994) (city may redact confidential idcntifying
information from police report but must producc the rest for inspection); City of Riviera
Beach v. Barfield, 642 So. 2d 1135, 1137 (Fla. 4th DC\ 1994), review denied, 651 So.
2d 1192 (Fla. 1995) (police department authorized to withhold criminal invcstigativc
information which is statutorily exempt from disclosure, but must allow inspection
of nonexcmpt portions of the rccords); and AGO 95-42 (statute providing for
confidcntiality of certain audit information did not makc thc entire report confidential
146
GOVERNMENT -IN- THE-SUNSHINE- MANUAL
and exempt from disclosure; the portions of the report which do not contain cxempt
information must bc released).
Thc fact that an agency bclievcs that it would bc impractical or burdcnsome to
redact confidential information from its records does not excuse noncompliancc with
the mandates of the Public Records Act. ACO 99-52. Cf ACO 02-73 (agcncy must
redact confidential and exempt information and release the rcmainder of the record;
agency not authorizcd to releasc records containing confidcntial information, albcit
anonymously).
A custodian of rccords containing both exempt and noncxempt matcrial may
comply with s. 119.07(1)(d), FS., bv any rcasonable mcthod which maintains and does
not destroy the exempted portion while allo,,~ng public inspcction of the noncxcmpt
portion. ACO 84-81. Andsee :\CO 97-67 (clerk is under a duty to prevent thc relcase
of confidential material that may be contained in the Official Records; the manner by
which this is to be accomplished rcsts within thc sound discretion of thc clcrk). Accord
AGO 05-37.
Section 119.011 (12), FS., defines thc tcrm "redact" to mean "to conceal from
a copy of an original public rccord, or to conceal from an electronic image that is
available for public vicwing, that portion of thc rccord containing exempt or
confidential information." And see AGO 02-69 (statute providing for redaction of
certain information in court records available for public inspection docs not authorizc
clcrk of court to permanently remove or obliterate such information from the original
court records).
15. Mayan agency refuse to allow inspection of public records because the
agency believes disclosure could violate privacy rights?
It is well established in Florida that "neithcr a custodian of rccords nor a pcrson
who is the subject of a record can claim a constitutional right of privacy as a bar to
requested inspection of a public record which is in the hands of a governmcnt agency."
Williams v. City of Mirmeola, 575 So. 2d 683, 687 (Ha. 5th DCA), review denied, 589 So.
2d 289 (Fla. 1991).
In rcaching the conclusion that public rccords must be opcn to public inspection
unless the Legislaturc providcs otherwisc, the courts havc rejectcd claims that the
constitutional right of privacy bars disclosure. Article I, s. 23, Fla. Const., provides:
Every natural person has the right to be let alone and frec from
governmental intrusion into the person's private lifc except as otherwisc
provided hcrein. This section shall not be construed to limit the publics right
of access to public records and meetings as provided by law. (c.s.)
Accordingly, thc Florida Constitution "does not provide a right of privacy in
public rccords"; a state or federal right of disclosural privacy does not exist. Michel v.
Douglas, 464 So. 2d 545, 546 (Fla. 1985). See also Forsberg v. Housing Authority of City
of Miami Beach, 455 So. 2d 373 (l'la. 1984); Wallace v. Guzman, 687 So. 2d 1351 (l'la.
3d DCA 1997); Garner v. Florida Commission on Ethics, 415 So. 2d 67 Wla. 1st DCA
1982), pet. fOr rev. denied, 424 So. 2d 761 (l~'la. 1983); Mills v. Doyle, 407 So. 2d 348 (Fla
147
GOVERNMENT-IN -THE -SUNSHINE - MANUAL
4th DCA 1981). "[IJn Florida the right to privacy is expressly subservient to the Public
Records Act." Board of County Commissioners of Palm Beach County v. D. B., 784 So. 2d
585,591 (Fla. 4th DCA 2(01). But See Post-Newsweek Stations, Florida Inc. v. Doe, 612
So. 2d 549 (Fla. 1992) (public's right of access to pretrial criminal discovcry matcrials
must bc balanced against a nonparty's constitutional right to privacy).
Howevcr, in Times Publishing Company v. A.J., 626 So. 2d 1314 (Fla. 1993), the
Supreme Court blocked the re!easc of a sheriff's initial incidcnt report of alleged child
abuse that was refcrred to the child welfare department for invcstigation pursuant to
state child protcction laws. Noting that the departmcnt found no probable cause, the
Court held that the confidentiality provisions in Ch. 415, FS. 1990 [now found in Ch. 39,
FS.[, are intcnded to accommodate the privacy rights of those involved in thesc cases
"during the initial stages of an investigation before probable cause has been found."
Id. at 1315. Additionally, thc Court held that a member of the class the exception was
intended to protcct--i.e., the minor children who were the subject of the child abuse
incident report--had standing to assert a statutory exccption. Cf Alterra Healthcare
Corporation v. Estate of Shelley, 827 So. 2d 936, 940nA (l''la. 2(02), noting that "only the
custodian" of agcncy personnel rccords "can asscrt any applicable cxcmption; not the
employee."
Thc Court also he!d that although the statutes did not rcquire the sheriff to notify
third parties about the public records request for the incident rcport, it could not fault
thc sheriff for providing such notification. TImes Publishing Company v. A.J., supra,
at 1316. Cf Tribune Company v. Cannella, supra (automatic delay in production of
personnel records to allow employees time to assert constitutional privacy interests
invalid).
In a lcngthy footnote, the Court cautioned that its ruling addresscd only the factual
qucsuon of a statutory cxception relating to child abuse, and did not necessarily apply in
any other context. Times Publishing v. A.J., supra, at 1315n.l. Cf AGO 94-47, rcgarding
the application of the Times Publishing Company standard to complaints of abuse filed
with a human rights advocacy committee.
16. What is the liability of a custodian for release of public records?
It has been he!d that there is nothing in Ch. 119, FS., indicating an intcnt to
give private citizens a right to recovcry for negligently maintaining and providing
information from public records. City of Tarpon Springs v. Garrigan, 510 So. 2d 1198
(Fla. 2d DC\ 1987); Friedberg v. Town of Longboat Key, 504 So. 2d 52 (l,'la. 2d DCA
1987). Cf Layton v. Florida Department of Highway Safety and Motor Vehicles, 676 So.
2d 1038 (Fla. 1st DCA 1996) (agcncy has no common law or statutory duty to citizen
to maintain accurate records). Accord Hillsborough County v. Morris, 730 So. 2d 367
(Fla. 2d DCA 1999).
However, a custodian is not protectcd against tort liability resulting from that
person intentionally communicating public records or their contents to someone outside
the agcncy which is responsiblc for the records unless the pcrson inspccting the records
has made a bona fidc requcst to inspect the records or the communication is necessary
to the agcncy's transaction of its official business. Williams v. City of Minneola, 575 So.
2d 683 (l<'la. 5th DCA 1991), review denied, 589 So. 2d 289 (Fla. 1991). On appeal, aftcr
148
GOVERN MENT -IN-THE -SUNSHINE- MANUAL
remand, the Fifth District held the claim against the city was barred on the basis of
sovereign immunity. Williams v. City of Minneola, 619 So. 2d 983 (Fla. 5th DC\ 1993).
See s. 768.28(9)(a), FS., providing that the state or its subdivisions shall not be liable in
tort for the acts or omissions of an officer, employec, or agcnt committed whilc acting
outside the course and scope of his or her cmployment or committed in bad faith
or with malicious purpose or in a manncr cxhibiting wanton and \\~llful disregard of
human rights, safety, or property. Cf ,\CO 97-09 Oaw cnforcement agcncy's releasc of
sexual offender records for purposes of public notification is consistent \\~th its duties
and responsibilities).
E. WHAT IS THE LEGAL EFFECT OF STATUTORY EXEMPTIONS
FROM DISCLOSURE?
I. How are exemptions created?
"Courts cannot judicially create any exccptions, or exclusions to Florida's Public
Records Act." Board of County Commissioners of Palm Beach County v. D.B., 784 So. 2d
585,591 (Fla. 4th DCA 20l)]). Accord wait v. Florida Power and Light Company, 372 So.
2d 420, 425 Wla. 1979) (Public Records Act "excludes any judicially created privilegc
of confidentiality;" only the Legislature may excmpt records from public disclosurc).
See s. 119.C111 (8), FS., dcfining the tcrm "exemption" to mean "a provision of general
law which provides that a specified record or meeting, or portion thcrcof, is not subject
to the acccss requirements of s. 119'cl7(1), s. 286.011, or s. 24, Art. I of the Statc
Constitution."
Articlc I, s. 24(c), Fla. Const., authorizes the Legislature to enact general laws
creating exemptions provided that such laws "shall state with specificity the public
necessity justifying the exemption and shall be no broader than necessary to accomplish
the statcd purpose of the law." See Memorial Hospital- west Volusia v. News-Journal
Corporation, 729 So. 2d 373, 380 (l"la. 1999), in which the Court refuscd to "imply"
an exemption from open records requirements, stating "we believc that an excmption
from public records access is available only after the legislature has followed the express
procedure provided in article I, scction 24(c) of the Florida Constitution." Accord Indian
River County Hospital District v. Indian River Memorial Hospital, Inc., 766 So. 2d 233,
237 (l'la. 4th DCA 2000) ("Only after the legislature providcd by general law for the
exemption of rccords, stating with specifiClty thc public neccssity for thc cxemption
and providing that the law was no broader than neccssary, would an exemption from
public records access be available."). And see Campus Communications, Inc. v. Earnhardt,
821 So. 2d 388, 395 (Fla. 5th DCA 20(2), review denied, 848 So. 2d 1153 (l'la. 2003)
(statutory excmption for autopsy photographs scrves identifiable public purpose and is
no broadcr than nccessary to mect that public purposc); Bryan v. State, 753 So. 2d 1244
(Fla. 200()) (statute cxempting from public disclosure certain prison records satisfies the
constitutional standard because the Legislaturc set forth the requisite public necessity
[pcrsonal safcty of prison officials and inmatcs] for thc exemption). Compare Halifax
Hospital Medical Center v. News-Journal Corporation, 724 So. 2d 567 (Fla. 1999) (statute
providing an excmption from the Sunshine Law for portions of hospital board mcetings
is unconstitutional because it docs not meet tl1e constitutional standard of specificity as
to stated public necessity and it is broadcr than neccssary to achieve its purpose).
Laws cnacted pursuant to Art. I, s. 24, Fla. Const., shall relate to one subJect and
149
GOVERNMENT-IN-THE-SUNSHINE-MANUAL
must contain only exemptions or provisions governing enforcement. Cf State v. Knight,
661 So. 2d 344 (l'la. 4th DCA 1995) (while exemptions when enactcd must contain a
public necessity statement, exceptions to a public records cxemption are not requircd
to contain such a statement; thus, a trial judge erred in overturning a statute providing a
limited exception to the public records cxemption for grand jury materials).
Articlc I, s. 24(c) also requires that laws providing exemptions from public records
or public meetings requirements must be passed by a two-thirds votc of each house.
The two-thirds vote rcquirement applies when an excmption is rcadoptcd in accordance
with the Open Government Sunsct Rcview Act, s. 119.15, FS., as well as to the initial
creation of an excmption. :\CO 03-18.
In accordance \\~th s. 24(d), all statutory exemptions in effect on July 1, 1993,
are grandfathered into thc statutcs and remain in effect until they are repealed. Rules
of court in effect on Novembcr 3, 1992, that limit access to records remain in effcct
until repealed. See Rule 1.420, Publie \ccess to Judicial Records, I'la. R. Jud. !\dmin.
(originallv adopted by the I'lorida Suprcme Court on Octobcr 29,1992, as Rule 2.051,
and subsequently renumbered in 200(, as Rule 2.420). Thc text of this rule is sct forth
in Appendix E.
The Open Government Sunsct Review Act, codified at s. 119.15, ES., provides for
the review and rcpcal or reenactment of an exemption from s. 24, Art. I, Fla. Const.,
and s. 119.07(1), or s. 286.011, FS. The act does not apply to an excmption that is
requircd by fedcrallaw or applies solely to the Legislaturc or thc State Court System.
Section 119.15(2)(a) and (b), I':s.
Pursuant to the Act, in the fifth ycar after enactment of a new exemption or
expansion of an existing exemption, the cxemption shall be repealcd on Octobcr 2 of
the fifth year, unlcss the Legislaturc acts to reenact the exemption. Section 119.15(3),
i'~S.
2. Exemptions are stricdy construed
The general purpose of Ch. 119, FS., "is to open public records to allow I~'lorida's
citizens to discover the actions of thcir govcrnmcnt." Christy v. Palm Beach County
Sheriffs Office, 698 So. 2d 1365, 1366 (l'la. 4th DC\ 1997). 'I'he Public Records Act is
to be liberally construed in favor of open government, and cxemptions from disclosurc
are to be narrowly construed so they arc limIted to their stated purpose. Krischer v.
D'Amato, 674 So. 2d 909, 911 (l'la. 4th DC\ 1996); Seminole County v. Wood, 512 So.
2d 1000, 1002 (l'la. 5th DC\ 1987), review denied, 520 So. 1d 586 (Fla 1988); Tribune
Company v. Public Records, 493 So. 2d 480, 483 (l'la. 2d DC\ 1986), review denied sub
nom., Gillum v. Tribune Company, 503 So. 2d 327 (Fla. 1987).
The "right to access public documents is virtually unfettered, save only the statutory
exemptions dcsigned to achievc a balance bctween an informed public and the ability of
the governmcnt to maintain sccrecy in the public interest." Times Publishing Company
v. City of St. Petersburg, 558 So. 2d 487, 492 (Fla. 2d DCA 1990). See also Southern Bell
Telephone and Telegraph Company v. Beard, 597 So. 2d 873, 87(, (Fla. I st DCA 1992)
(Public Service Commission's determination that statutory exemption for proprietary
confidential business information should bc narrowly construed and did not apply to
150
GOVERN MENT-IN -THE-SUNSHINE - MANUAL
company's internal self-analysis was "consistent with the liberal construction afforded
thc Public Records Act in favor of open governmcnt").
An agcncy claiming an exemption from disclosure bears the burden of proving
the right to an exemption. See Woolling v. Lamar, 764 So. 2d 765, 768 (Fla. 5th DCA
2000), review denied, 786 So. 2d 1186 (Fla. 20()J); Barfield v. City of Fort Lauderdale
Police Department, 639 So. 2d 1012, HilS (i'la. 4th DCl\), review denied, 649 So. 2d 869
(Fla. 1994); and Florida Freedom Newspapers, Inc. v. Dempsey, 478 So. 2d 1128, 1130
(l'"la. 1st DCA 1985). See also Bludworth v. Palm Beach Newspapers, Inc., 476 So. 2d 775,
780n.l (l~'la. 4th DCA 1985), review denied, 488 So. 2d 67 (Fla. 1986); Tribune Company
v. Public Records, supra, stating that doubt as to thc applicability of an cxemption should
be resolvcd in favor of disclosure rathcr than secrecy; and Times Publishing Company
v. City of St. Petersburg, supra; at 492, noting that the judiciary cannot create a privilcgc
of confidentiality to accommodate the dcsircs of government and that "laIn open
government is crucial to the citizcns' ability to adcquately evaluatc thc dccisions of
elcctcd and appointcd officials." Accord ,\GO 80-78 ("policy considerations" do not,
standing alonc, justify nondisclosure of public rccords).
3. Do newly-created exemptions apply retroactively?
Access to public records is a substantive right. Memorial Hospital- U7est Volusia, Inc.
v. News-Journal Corporation, 784 So. 2d 438 (l'la. 20(1). Thus, a statutc affccting that
right is prcsumptively prospective and there must be a clcar legislative intcnt for the
statute to apply retroactively. Id. In Memorial, the Supremc Court ruled that a statutc
providing an exemption from open governmcnt requirements for meetings and records
of private corporations leasing hospitals from public taxing authorities did not apply
to records created prior to the effective date of the statutc. See also Baker County Press,
Inc. v. Baker County Medical Services, 870 So. 2d 189, 192-193 (l"la. 1st DCi\ 20(4)
(generally, the critical date in determining whether a document is subject to disclosurc
is the datc the public rccords request is made; thc law in effect on that date applies).
However, if the Legislature is "clcar in its intent," an exemption may be applied
retroactively. Campus Communications, Inc. v. Earnhardt, 821 So. 2d 388, 396 (Fla. 5th
DCA 2002), review denied, 848 So. 2d 1153 (i'la. 2(03) (statute exempting autopsy
photographs from disclosurc is remedial and may be retroactively applied). See also City
of Orlando v. Desjardins, 493 So. 2d 1027, 1028 (lila. 1986); and Roberts v. Butterworth,
668 So. 2d 580 (l"la. 1996). Cf /\(;0 94-70 (amendment to expungcment statute
appears to be rcmedial and, therefore, should be retroactively applied to those records
ordcred expunged prior to the effectivc datc of the amendment).
4. Do statutes eliminating confidentiality apply retroactively?
In Baker v. Eckerd Corporation, 697 So. 2d 970 (l'la. 2d DCA 1997), the court held
that an amendment eliminatillgprotection against disclosurc of any unfounded reports
of child abuse applies prospectively from the effective date of thc amendment. See also
,\GO 95-19 (expanded disclosure provisions for Juvenile records apply only to records
created after the effective datc of the amendment).
Records made before the date of a repeal of an exemption under s. 119.15, ES.,
the Open Government Sunset Review Act, "may not bc made public unlcss otherwise
151
GOVERNMENT-IN-THE-S UNSHINE-MANUAL
provided by law." Section 119.15(7), l':s.
5. Are records which are confidential and exempt from disclosure treated
differently from those which are merely exempt from disclosure
requirements?
a. Confidential records
There is a difference between records the I ,egislaturc has determined to be exempt
from the Public Records Act and thosc which the Legislaturc has detcrmined to be
exempt from the Act and confidential. WFTV, Inc. v. School Board of Seminole County,
874 So. 2d 48, 53 (Fla. 5th DCA 2(04), review denied, 892 So. 2d 1015 (Fla. 20(4).
If information is made confidential in the statutcs, the information is not subject
to inspection by the public and may be released only to those persons and entities
dcsignated in the statute. Id. And see AGOs 04.09 and 8697. Cf AGO 94-86, stating
that if the custodian of confidential library circulation records takes the position that
such records should not be disclosed in rcsponse to a subpocna bccause the subpoena
is not a "proper judicial order" as provided in s. 257.261, F.S., the custodian may assert
the confidcntiality provisions in a motion to quash the subpoena but should not ignore
the subpoena for production of such records.
Howevcr, a statute rcstricting release of confidential emergency call information
does not preventthc city's attorncys or other city officials who arc responsible for advising
the city rcgarding thc provision of cmergency medical servICes or for defending the city
against a possible claim arising from such scrviccs, from rcvicwing the records rclatcd
to such emcrgency calls that contain patient examination or trcatment information.
AGO 95-75.
It has been he!d that an agcncy is authorized to takc rcasonable steps to ensure
that confidential records are not improperly releascd. Lee County v. State Farm Mutual
Automobile Insurance Company, 634 So. 2d 250, 251 (Fla. 2d DCA 1994) (county
policy requiring thc patient's notarized signature on all release forms for emergency
services medical records "not unreasonable or onerous;" rcquireo'lcnt was a valid
mcans of protecting rccords made confidential by s. 401.3014], FS.). Accord AGO
94-51 (agency "should be vigilant in its protcction of thc confidcntiality providcd by
statutc for medical records of [itsJ employees"). Cf Florida Department of Revenue v.
WHI Limited Partnership, 754 So. 2d 205 (Ha. ] st DC\ 2(00) (administrative law judge
Ii\LjJ not authorized to mandate that agency disclose confidential rccords because ALJ
is not a judge of a court of compctcnt Jurisdiction for purposes of statute permitting
disclosure of confidential records in response "to an order of a judgc of a court of
compctent jurisdiction").
b. Exempt records
If rccords are not made confidential but are simply exempt from the mandatory
disclosure rcquirements in s. ] 19.07(1), ES., the agency is not prohibited from
disclosing the documents in all circumstances. See Williams v. City of Minneola, 575
So. 2d 683, 687 (l''la. 5th DCA), review denied, 589 So. 2d 289 (l"Ia. 1991), in which
the court obscrved that pursuant to s. 119.07(3)(d), FS., [now s. 119.071 (2)(c), FS.],
"active criminal investigative information" was exempt from the requirement that
152
GOVERNMENT-IN- THE-SUNSHINE -MANUAL
public rccords be madc available for public inspcction. However, as stated by thc court,
"the exemption docs not prohibit thc showing of such information. There are many
situations in which invcstigators have rcasons for displaying information which they
have the option not to display." See also ;\GO 90-50, noting that the exemption from
disclosure for ccrtain information about law enforccment personnel now set forth in s.
119.071 (4) (d) I.a., FS., does not prohibit a policc dcpartment from posting thc names,
1.D. numbers, and photographs of its policc officers for public display; howevcr, in light
of the statutory purpose of thc cxemption (safcty of law enforcemcnt officers), such
posting would appear to bc inconsistent with legislative intcnt. The i\ttorncy General's
Office reiteratcd its position in ;\GO 07-21, stating that while s.119.07I(4)(d)1., FS.,
makes photographs of law enforcement pcrsonnel exempt rather than confidential, the
custodian, in deciding whcthcr such information should be disclosed, must determine
whethcr thcrc is a statutory or substantial policy need for disclosure. In the absence
of a statutory or other legal duty to be accomplished by disclosure, the agency should
consider whethcr thc release of such information is consistcnt with the purpose of the
excmption.
Oncc an agency has gone public with information which could have bccn
previously protected from disclosure undcr Public Records Act exemptions, no furthcr
purposc is scrved by prevcnting full acccss to the desircd information. Downs v. Austin,
522 So. 2d 931, 935 (Fla. 1st DCA 1988). Cf AGO 01-74 (taxpayer information that is
confidential in thc hands of certain specified officers under s. 193.074, F S., is subjcct
to disclosure under thc Public Rccords Act when it has been submitted by a taxpayer to
a valuc adjustmcnt board as cvidencc in an assessment dispute).
However, in City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DC\ 1994),
review denied, 651 So. 2d 1192 (l'la. 1995), the court held that whcn a criminal justice
agency transfcrs exempt criminal invcstigatin information to anothcr criminal justicc
agency, the information rctains its exempt status. And see Ragsdale v. State, 720 So. 2d
203, 206 (l'la. 1998) ("the focus in detcrmining whether a document has lost its status
as a public record must be on the policy behind the excmption and not on the simple
fact that thc information has changcd agency hands"); Alice P v. Miami Daily News,
Inc., 440 So. 2d 1300 (i<la. 3d DCA 1983), review denied, 467 So. 2d 697 (Ha. 1985)
(confidential birth information containcd in liccnse application submitted to statc
health agency not subject to disclosurc); AGO 04-44 (if the prison industry agency
scnds exempt proprietary confidential business information to the Secretary of the
Department of Corrections in his capacity as a membcr of the board of dircctors of
the prison industry agency, that information does not losc its cxcmpt status by virtue
of the fact that it was sent to the Sccretary's office in thc departmcnt); and AGO 94-77
(work product exception authorized in former s. 119.07131l1J, FS. Inow s. 119.071(1)(d),
FS.J, will be retained if the work product is transferred from thc county attorney to the
city attorney pursuant to a substitution of partics to thc litigation).
6. Are exempt records discoverable?
It has been held that an excmption from disclosure under thc Public Records
Act docs not render the document automatically privileged for purposes of discovery
undcr the Florida Rules of Civil Procedurc. Department of Proftssional Regulation v.
Spiva, 478 So. 2d 382 (Fla. 1st DCA 1985). Cf State, Department of Highway Saftty and
153
GOVERNMENT-IN- THE -SUNSHINE-MANUAL
Motor Vehicles v. Kropff, 445 So. 2d 1068, 1069n.l (Fla. 3d DCA 1984) ("Although the
Rules of Civil Procedure and the Public Records Act may overlap in certain areas, they
are not coextensive in scope,").
For cxample, in B. B. v. Department of Children and Family Services, 731 So. 2d
30 (Fla. 4th DCA 1999), the court ruled that as a party to a dcpcndcncy proceeding
involving her daughtcrs, a mother was entitled to discovery of the criminal investigative
rccords relating to the dcath of her infant. The court found that the statutory
exemption for active criminal invcstigative information did not "ovcrride the discovery
authorized by thc Rules of Juvenile Proccdurc." Id. at 34. And see State, Department
of Highway Safety and Motor Vehicles v. Krejci Company Inc., 570 So. 2d 1322 (Fla. 2d
DCA 1990), review denied, 576 So. 2d 286 (l<'la. 1991) (records which arc excmpt from
public inspection may be subjcct to discovery in a civil action upon a showing of
exceptional circumstanccs and if the trial court takes all prccautions to cnsurc the
confidentiality of the rccords). Compare Henderson v. Perez, 835 So. 2d 390, 392 (Fla.
2d DC\ 2(03) (trial court ordcr compelling shcriff to produce exempt homc addresses
and photographs of 10 active law enforcement officers in a cIvil lawsuit filed by Percz
predicated on his arrest, quashed becausc "Perez has not shown that the photographs
and home addresscs of thc law enforcement officers arc cssential to the prosecution
of his suit").
However, in somc cases, legislativc confidentiality rcquirements providc an express
privilege from discovery. See e.g., Cruger v. Love, 599 So. 2d 111 Wla. 1992) (rccords
of mcdical review committees arc statutorily privileged from discovery). See also
Department of Health v. Grinberg, 795 So. 2d 1136 (Fla. 1 st DC:\ 2001).
F. WHAT ARE THE STATUTORY EXEMPTIONS RELATING
TO LAW ENFORCEMENT AND SECURITY RECORDS?
1. Active criminal investigative and intelligence information exemption
a. Purpose and scope of exemption
Arrest and crime reports are gencrally considcrcd to be open to public inspection.
AGOs 91-74 and 80-96. And see ACO 08-23 (officer trip sheets revcaling identity of
officer, location and hours of work and locations to which officers have rcsponded for
emergcncy and non-emergency purposes are public records). f Iowever, s. 119.071 (2)
(c) 1., FS., exempts active criminal intelligence information and active criminal
investigativc information from public inspcction. To be exempt, the information must
be both "active" and constitutc either "criminal investigative" or "criminal intelligcnce"
information. See Woolling v. Lamar, 764 So. 2d 765, 768 (Fla. 5th DC\ 20(0), review
denied, 786 So. 2d 1186 (Fla. 20(1) (in order for a record to constitute exempt active
criminal investigativc information, "the claimant must show that thc record is both
'active' and that it constitutcs 'criminal investigativc information"').
Thus, if a crimc report contains active criminal invcstigative information, the
criminal investigativc information may be excised from thc report. AGO 91-74. See
also Palm Beach Daily News v. Terlizzese, No. CL.91-3954.AF (lila. 15th Cir. Ct. April
5, 1991), holding that a newspapcr was not entitlcd under Ch. 119, FS., to inspect the
complete and uncensored incident rcport (prcpared following a rcported scxual battery
154
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
but prior to the arrest of a suspect), including the invcstigating officer's narrative report
of thc interview with the victim, since such information was exempt from inspection as
active criminal investigativc information and as information identifying sexual battery
victims. See s. 119.071 (2) (c) and (h), US.
The active criminal investigativc and intelligcnce exemption is limited in scope; its
purpose is to prevent prematurc disclosure of information whcn such disclosure could
impede an ongoing investigation or allow a suspect to avoid apprehension or escape
detection. See Tribune Company v. Public Records, 493 So. 2d 480, 483 (Fla. 2d DCA
1986), review denied sub nom., Gillum v. Tribune Company, 503 So. 2d 327 (Fla. 1987).
Moreover, the activc criminal invcstigative and intelligence information excmption
does not prohibit thc disclosure of the information by thc criminal justice agency; the
information is cxempt from and not subject to the mandatory inspection requirements
in s. 119.07(1), FS., which would otherwise apply. As the court stated in Williams v.
City ofMinneola, 575 So. 2d 683, 687 (Ha. 5th DCA), review denied, 589 So. 2d 289 (l"la.
1991), "[tlhere are many situations in which invcstigators have reasons for displaying
information which they havc thc option not to display." And see AC;O 90-50. Cf s.
838.21, FS., providing that it is unlawful for a public servant, \\~th intent to obstruct,
impede, or prevent a criminal investigation or a criminal prosecution, to disclose active
criminal investigativc or intelligence information or to disclosc or usc information
regarding cithcr the efforts to secure or the Issuance of a warrant, subpoena, or other
court process or court order relating to a criminal investigation or criminal prosecution
whcn such information is not available to thc gencral public and is gained by reason of
the public servant's official position.
The law enforcement agency seeking thc excmption has the burden of proving
that it is entitlcd to it. Christy v. Palm Beach County Sheriffs Office, 698 So. 2d 1365 (Ha.
4th DCA 1997); and Florida Freedom Newspapers, Inc. v. Dempsey, 478 So. 2d 1128 (Iila.
1 st DCA 1985).
b, What is active criminal investigative or intelligence information?
"Criminal intelligencc information" means information concerning "an identifiable
person or group of persons collcctcd by a criminal justicc agency in an effort to
anticipatc, prcvent, or monitor possible criminal activity." Section 119.011 (3)(a), FS.
Criminal intelligence information is considered "active" as long "as it is related to
inte!ligcnce gathering conductcd \\~th a rcasonable, good faith belief that it will lead
to detection of ongoing or rcasonably anticipated criminal activities" or "is directly
relatcd to pending prosecutions or appeals." Scction 119.011 (3) (d), US.
"Criminal investigativc information" is defined as information relating to "an
identifiable person or group of persons compiled by a criminal justice agency in thc
course of conducting a criminal invcstigation of a specific act or omission, including,
but not limited to, information dcrived from laboratory tests, reports of investigators
or informants, or any type of survcillance." Section 119.011 (3)(b), FS. See Rose v.
D'Alessandro, 380 So. 2d 419 (Iila. 1980) (complaints and affidavits rcceivcd by a state
attorncy in the discharge of his investigatory duties constitute criminal intelligencc or
criminal investigative information).
155
GOVERNMENT-IN-THE -SUNSHINE- MANUAL
Such information is considered "active" as long "as it is re!ated to an ongoing
investigation which is continuing with a rcasonable, good faitll anticipation of sccuring
an arrcst or prosecution in the foreseeable future" or "is directly re!ated to pending
prosecutions or appeals." Section 119.011 (3)(d), FS.
"Criminal justice agency" is dcfincd to mean any law enforcement agency, court,
prosccutor or any other agency chargcd by law with criminal law enforcement duties or
any agcncy having custody of criminal intclligcnce information or criminal investigative
information for the purposc of assisting such law enforccment agcncies in the conduct
of active criminal invcstigation or prosecution or for the purpose of litigating civil
actions undcr the Racketeer Influenced and Corrupt Organization Act, during the time
that such agencies arc in possession of criminal inte!ligcnce information or criminal
invcstigative information pursuant to their criminal law enforcemcnt duties. The term
also includcs the Department of Corrcctions. Section 119Jl II (4), F.S.
c. What information is not considered to be criminal investigative or
intelligence information and must be released unless some other
exemption applies?
Scction 119.011 (3)(c), F.S., statcs that the following information is not
criminal
invcstigativc or criminal inte!ligcncc information:
1. The time, datc, location and nature of a rcported crime;
2. The namc, scx, age, and addrcss of a pcrson arrested (but see s. F.I0., infra,
regarding confidcntiality of juvenilc rccords) or the name, sex, age and address
of the victim of a crime, except for a victim of a scxual offense or of child
abuse, as providcd in s. 119.071 (2) (h), F.S.;
3. The time, datc and location of thc incident and of thc arrest;
4. The crimc charged;
5. Documents given or required to be given to the person arrested, except as
provided in s. 119.071 (2)(h), FS. [providing an excmption from disclosurc for
criminal intclligence or investigative information which reveals the identity of a
victim of a sexual offense or of child abuse], unless the court finds that releasc
of the information prior to trial would be defamatory to the good namc of a
victim or witness or jeopardize the safety of such victim or witness; and would
impair the ability of the state attorney to locatc or prosecute a codefendant;
6. Informations and indictments cxccpt as provided in s. 905.26, FS. [prohibiting
disclosurc of finding of indictmcnt against a pcrson not in custody, under
tecognizance or undcr arrestj.
Accordingly, since the above information does not fall within thc definition
of criminal inte!ligence or criminal investigative information, it is always subject to
disclosurc unless somc other specific exemption applies. For example, the "timc, date,
156
GOVERNMENT-IN - THE-SUNSHINE- MANUAL
and location of the incident and of the arrest" cannot be \V~thheld from disclosurc since
such information is cxpressly exempted from thc definitions of criminal inte!ligence
and criminal investigative information. See s. 119.011 (3)(c)3., FS.
d. Are records released to the defendant considered to be criminal
investigative or intelligence information?
Except in limited circumstances, records which have been given or are required to
bc given to the person arrestcd cannot be withheld from public inspection as criminal
investigativc or intelligence information. See s. 119.011(3)(c)5., FS. In other words,
once the material has been made available to thc defcndant as part of the discovery
proccss in a criminal proceeding, the material is ordinarily no longer considered to be
cxempt criminal investigativc or criminal intelligence information. See Tribune Company
v. Public Records, 493 So. 2d 480, 485 (l"la. 2d DCA 198(,), review denied sub nom., Gillum
v. Tribune Company, 503 So. 2d 327 (l'la. 1987) (all information givcn or required to bc
givcn to defendants is disclosablc to the public when released to defendants or thcir
counsel pursuant to the rules of discovcry). Accord Times Publishing Company v. State,
903 So. 2d 322, 325 (l'la. 2d DCA 2(05)("we begin with the important general principle
that once criminal investigativc or intelligence information is discloscd by the State to
a criminal defendant that information becomes a nonexempt public rccord subject to
disclosure pursuant to section 119.07[11"); Staton v. McMillan, 597 So. 2d 940, 941
(Fla. 1st DCA 1992), review dismissed sub nom., Staton 11. Austin, 605 So. 2d 12(,6 (Fla.
1992) (active criminal investigation exemption does not apply to information for which
disclosurc was prcviously requircd under the rules of discovery). Cf State v. Buenoano,
707 So. 2d 714 (Fla. 1998) (restricted access documents provided to state attorncy
by federal government pursuant to a loan agrecment retained their confidential status
under a Florida law providing an cxemption for out -of-state criminal investigativc
information that is shared with Florida criminal justice agencies on a confidcntial basis,
even though the documents erroncously had been given to the defendant and placcd
in the court rccord).
For example, in Satz v. Blankenship, 407 So. 2d 396 (Fla. 4th DCA 1981), review
denied, 413 So. 2d 877 (Fla. 1982), thc court ruled that a ncwspaper reporter was entitlcd
to access to tape recordings concerning a defendant in a criminal prosecution where the
recordings had been disclosed to the defendant. The state attorney's argument that hc
could withhold disclosure of the tape rccordings because they were not "documents"
was rejected as inconsistent with legislativc intent. The court concludcd that a reading
of the statutc rcflected the Legislature's belief that once information was released to
the defendant, there was no longer any need to exclude the information from the
public. Thus, thc tape recordings were no longer "criminal investigativc information"
that could be withheld from public inspection. See also News-Press Publishing Co. Inc.
v. D'Alessandro, No. 96-2743-Cc\-RWP (Fla. 20th Cir. Ct. April 24, 1996) (oncc state
allowed defense counsel to listen to portions of a surveillance audiotape involving
a city councilman accused of soliciting undue compensation, those portions of the
audiotape became excluded from the definition of "criminal invcstigative information,"
and wcrc subject to public inspection). Cf City of Miami v. Post-Newsweek Stations
Florida, Inc., 837 So. 2d 1002, 1003 (Fla. 3d DCA 2002), review dismissed, 863 So. 2d
1190 (Fla. 20(3) (wherc defendant filed rcquest for discovery, but ,vithdrcw request
beforc state attorncy provided discovery materials to defendant, rcquested materials
157
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
were not "given or required by law. . . to be given to the person arrested" and thus did
not lose their exempt status as activc criminal invcstigative information).
Similarly, in Bludworth v. Palm Beach Newspapers, Inc., 476 So. 2d 775 (Fla. 4th
DCA 1985), review denied, 488 So. 2d 67 (Fla. 1986), the court upheld a trial judge's
order requiring the state attorney to release to thc news mcdia all information furnished
to thc dcfensc counsel in a criminal investigation. Thc state attorney had argued that
the documents could be withheld because the crimtnal investigation was still "active"
and "active" criminal investigative information is exempt from disclosure. Howcver,
thc court rejccted this contention by concluding that oncc the matcrial was givcn to
the defcndant pursuant to the rules of criminal procedure, thc material was excluded
from the statutory dcfinition of criminal investigative information. Therefore, it was
no longer relevant whether the invcstigation was active or not and the documents could
not be withheld as active criminal investigativc Information. Id. at 779n.l.
Moreover, it has becn held that Ch. 119's requirement of public disclosure of
records madc available to thc defendant does not violatc the attorney disciplinary rule
prohibiting extrajudicial comments about defendants as long as the statc attorney
docs not put an interpretation on the record that prejudices the defendant or exposes
witnesscs. Bludworth v. Palm Beach Newspapers, Inc., 476 So. 2d at 780.
The only circumstanccs where criminal intelligcnce or investigative information
can retain that status even though it has been made available to the defendant are:
1) If thc information would reveal the identity of a victim of
a scxual offense or child abusc pursuant to s. 119.071 (2) (h),
FS.; or
2) If a court ordcr has been issued finding that release of the
information prior to trial would:
a) bc defamatory to the good namc of a victim or vntness or
jeopardizc thc safety of a victim or witness; and
b) impair the ability of a statc attorncy to locate or prosecute a
codcfendant.
In all other cases, material which has been made available to thc defcndant cannot
be deemed criminal invcstigative or intelligence information and must bc open to
inspection unless some other exemption applies (e.g., s. 119.071 (2)(e), FS., excmpting
all information "revealing the substance of a confcssion" by a person arrested until
there is a final disposition in the case); or the court orders closure of the matcrial in
accordance with its constitutional authority to take such measures as are necessary to
obtain orderly proceedings and a fair trial or to protcct constitutional privacy rights of
third parties. See Miami Herald Publishing Company v. Lewis, 426 So. 2d 1 (Fla. 1982);
Florida Freedom Newspapers, Inc. v. McCrary, 520 So. 2d 32 (l'la. 1988); Post-Newsweek
Stations, Florida Inc. v. Doe, 612 So. 2d 549 (l"la. 1992). And see Morris Communications
Company LLC v. State, 844 So. 2d 671, 673n.3 Wla. 1st DCA 2(03) (although documents
turned ovcr to the defcndant during discovery are gencrally public records subject to
disclosure undcr Ch. 119, thc courts have authority to manage pretrial publicity to
protect thc defendant's constitutional rights as describcd in Miami Herald Publishing
158
GOVERNMENT-IN- THE-SUNSHINE-MANUAL
Company v. Lewis, supra). Cf Times Publishing Co. v. State, 903 So. 2d 322 Wla. 2d
DCA 20(5) (while the criminal discovery rules authorize a nonparty to file a motion
to restrict disclosure of discovcry materials based on privacy considerations, where no
such motion has been filed, thc judge is not authorized to prevent public access on his
or hcr own initiative).
e. When is criminal investigative and intelligence information considered
inactive and thus no longer exempt from disclosure?
(1) Active criminal investigative information
Criminal investigativc information is considcrcd active (and, therefore, exempt
from disclosure pursuant to s. 119.071(2)(c), FS.) "as long as it is related to an ongoing
investigation which is continuing with a reasonable, good faith anticipation of securing
an arrest or prosccution in the forcseeable future." Section 119.011 (3) (d)2., FS.
Information in cases harred from prosccution by a statute of limitation is not active.
Id.
The definition of "active" requires "a showing in each particular case that an arrest
or prosecution is reasonably anticipated in the foreseeable futurc." Barfield v. City of
Fort Lauderdale Police Department, 639 So. 2d 1012, 1016 (Fla. 4th DCA), review denied,
649 So. 2d 869 (Fla. 1994). Howcver, the Legislature did not intend that confidcntiality
be limitcd to investigations where the outcome and an arrest or prosccution was a
certainty or cvcn a probability. Id. at 1016-1017.
Thcre is no fixed time limit for naming suspects or making arrests other than
the applicable statutc of limitations. See Florida Freedom Newspapers, Inc. v. Dempsey,
478 So. 2d 1128 (Fla. 1st DCA 1985). The fact that invcstigators might not yet havc
dccided upon a suspect does not necessarily imply that thc investigation is inactive. Id.
at 1131.
Thus, an invcstigation will be deemed to be "activc," cvcn though there is no
immediatc anticipation of an arrcst, so long as thc investigation is proceeding in good
faith, and the state attorney or grand jury \vill reach a determination in the foresceable
future. Barfield v. City of Fort Lauderdale Police Department, supra. Accordingly,
a police dcpartment's criminal invcstigation into a shooting incident involving its
officers continued to be "active" even though pursuant to department policy, all police
shooting cases wcre sent to thc state attorncy's office for review by thc grand jury and
the dcpartment did not know if there would be an arrest in this particular case. Id.
Similarly, in News-Press Publishing Co., 1nc. v. Sapp, 464 So. 2d 1335 (Fla. 2d DCA
1985), the court held that in vicw of an ongoing investigation by the statc attorney and
the convening of a grand jury in the very near future to considet a shooting incident
by deputy sheriffs during an undercover drug transaction, documents consisting of thc
sheriff's completed internal investigation of the incidcnt constituted "active criminal
investigative information" and were, thereforc, exempt from disclosure. See also
Wells v. Sarasota Herald Tribune Company, Inc., 546 So. 2d 11 05 (Fla. 2d DC\ 1989)
(investigative files of the sheriff and state attorney werc not inactive whcre an activc
prosecution bcgan shortly after the trial judge determincd that thc investigation was
159
GOVERNMENT-IN -THE -SUNSHINE- MANUAL
inactive and ordcrcd that the file be produced for public inspcction).
Additionally, a circuit court held that a criminal investigativc file involving an
alleged 1988 scxual battery which had becn inactive for three years, duc in part to thc
death of thc victim from unrelated causcs, could be "reactivated" and removed from
public view in 1992 when new developmcnts prompted the police to rcopen thc casc.
The court found that it was irrelevant that the 1988 filc could havc been inspected prior
to the current invcstigation; the important considcrations wcrc that the file apparently
had not been viewcd by the public during its "inactive" status and the file was now
part of an activc criminal invcstigation and therefore excmpt from disclosure as active
criminal invcstigative information. News-Press Publishing Co., Inc. V. McDougall, No.
92-1193C\-WCM (!'la. 20th Cir. Ct. February 26,1992).
In another case, howevcr, the appellate court upheld a court order unsealing an
arrest warrant affidavit upon a showing of good cause by the subject of the affidavit. The
affidavit had been quashed and no formal charges were filed against the subject. The
court held that the affidavit did not constitute active criminal investigative information
bccausc there was no rcasonable, good faith anticipation that the subject would be
arrested or prosccuted in the ncar future. In addition, most of the information was
already available to thc subjcct through grand jury transcripts, thc subjcct's perjury
trial, or by discovcry. Metropolitan Dade County V. San Pedro, 632 So. 2d 196 (Fla.
3d DCA 1994). And see Mobile Press Register, Inc. V. Witt, 24 Med. L. Rptr. 2336, No.
95-06324 CACE (13) (Fla. 17th Cir. Ct. May 21, 1996) (ordcring that files in a 1981
unsolved murder be opcned to the public because, despite rcccnt reactivation of the
investigation, the case had bcen dormant for many years and no arrest or prosecution
had been initiated or was imminent).
(2) Active criminal intelligence information
In order to constitutc exempt "active" criminal intclligence information,
thc information must "be of the type that will lcad to the 'detcction of ongoing or
reasonably anticipated criminal activities. '" Christy v. Palm Beach County Sheriffs Office,
698 So. 2d 1365, 1367 (!'la. 4th DC\ 1997), quoting s. 119.011 (3) (d) 1., I':S. See Barfield
V. Orange County, Florida, No. CI92-5913 (Fla. 9th Cir. Ct. August 4, 1992) (denying
a petition for writ of mandamus seeking access to gang intelligence files compiled
by the sheriff's office). See also ACO 94-48 (information contained in the statcwide
intcgrated violcnt crime information systcm established by the Florida Department
of Law Enforcemcnt constitutes activc criminal intelligencc information; even though
some of the information may have comc from closcd investigations, thc information
is collected to "anticipate, prcvent, and monitor criminal activity and to assist in the
conduct of ongoing criminal invcstigations").
By contrast, in Christy V. Palm Beach County Sheriffs Office, supra, the court ruled
that records generatcd in conncction with a criminal investigation conductcd 13 years
carlier did not constitute "active" criminal intelligcncc information. The court notcd
that the excmption "is not intendcd to prevcnt disclosure of criminal files forcver on
the mcre possibility that other potential criminal defendants may learn something from
thc files." !d.
(3) Pending prosecutions or appeals
160
GOVERNMENT-IN- THE -SUNSHINE-MANUAL
Criminal inte!ligence and investigative information is also considered to be "active"
while such information is directly related to pending prosecutions or direct appeals.
Section 119.011(3)(d), FS. See News-Press Publishing Co., Inc. v. Sapp, supra; and Tal-
Mason v. Satz, 614 So. 2d 1134 (Fla. 4th DC:\), review denied, 624 So. 2d 269 (Fla.
1993) (contents of prosecutorial case file must remain secret until the conclusion of
defendant's direct appeal).
Once the conviction and sentencc havc becomc final, criminal investigative
information can no longer be considercd to be "active." State v. Kokal, 562 So. 2d 324,
326 (Fla. 1990). Accord Tribune Company v. Public Records, 493 So. 2d 480, 483-484
(Fla. 2d DCA 1986), review denied sub nom., Gillum v. Tribune Company, 503 So. 2d 327
(Fla. 1987) (actions for postconviction relief following affirmance of the conviction on
direct appeal are not pending appeals for purposes of s. 119.01113j [d]2., FS.); Christy v.
Palm Beach CountySheriffj, Office, 698 So. 2d 1365, 1367 (Fla. 4th DCA 1997) (the term
"pending prosecutions or appeals" in s. 119.011 [3I1d), ]is., applies only to ongoing
prosccutions or appeals which have not yet become final).
It should be cmphasizcd that the determination as to whether investigatory
rccords related to pending prosecutions or appcals are "activc" or not is relcvant only
to those records which constitute criminal intelligence or invcstigativc information.
In othcr words, if records arc cxcluded from the definition of criminal intelligence
or investigativc information, as in the casc of rccords gIVcn or required to be given to
the defendant under s. 119.011 (3)(c)5., FS., it is immaterial whether thc invcstigation
is active or inactive. See Bludworth v. Palm Beach Newspapers, Inc., 476 So. 2d 775,
779n.1 (lila. 4th DC\ 1985), review denied, 488 So. 2d (,7 (l'la. 198()) ("Something that
is not criminal intelligencc information or CrIminal investigative information cannot be
active criminal intelligence information or activc criminal investigative information.").
Accord Staton v. McMillan, 597 So. 2d 940, 941 (Fla. 1st DCA 1992), review dismissed
sub nom., Staton v. Austin, 605 So. 2d 12(,6 (Fla. 1992) (active criminal investigation
cxemption docs not apply to information for which disclosure was previously requircd
undcr discovery rules evcn though there is a pcnding direct appeal).
f. Does a criminal defendant's public records request trigger reciprocal
discovery?
Section 119J17(8), FS., states that the public access rights set forth in s. 119.07,
FS., "are not intended to expand or limit the provisions of Rule 3.220, Florida Rules
of Criminal Procedure, rcgarding the right and cxtent of discovery by the state or by a
defcndant in a criminal prosecution or in collateral postconviction procecdings." Thus,
a criminal defcndant's public records request for nonexempt law cnforcemcnt rccords
rclating to the dcfendant's pending prosecution constitutcs an election to participatc in
discovery and triggers a reciprocal discovcry obligation. Henderson v. State, 745 So. 2d
319 (Iila. 1999).
g. Does the active criminal investigative information exemption apply if the
information has already been made public?
I t has been held that the criminal investigativc cxemption does not apply if the
information has alrcady been made public. Staton v. McMillan, 597 So. 2d 940, 941
(Fla. 1st DCA 1992), review dismissed sub nom., Staton v. Austin, 60S So. 2d 1266 (Fla.
161
GOVERNMENT - IN- THE-SUNSHINE- MANUAL
1992). See also Downs v. Austin, 522 So. 2d 931, 935 (Fla. 1st DCA 1988) (once state
has gone public with information which could have been previously protected from
disclosure under Public Records Act exemptions, no further purpose is served by
preventing full access to the desired information).
However, the voluntary disclosure of a non-public record docs not automatically
waive the exempt status of other documents. Arbelaez v. State, 775 So. 2d 909, 918 (Fla.
2000). Accord Church of Scientology Flag Service Org., Inc. v. Wood, No. 97-688CI-07
(Fla. 6th Cir. Ct. Febtuary 27, 1997) (release of the autopsy report and the medical
examiner's public comments about the report did not mean that other records in the
possession of the medical examiner relating to an active criminal investigation into the
death were public; "lilt is not unusual for law enforcement and cnminal investigatory
agencies to selectively release information relating to an ongomg criminal investigation
in an effort to enlist public participation in solving a crime").
h. May active criminal investigative information be shared with another criminal
justice agency without losing its protected status?
It has been held that exempt active criminal investigative information may be
shared with another criminal justice agency and retain its protected status, because in
"determining whether or not to compel disclosure of active criminal investigative or
intelligence information, the primary focus must be on the statutory classification of
the information sought rather than upon in whose hands the information rests." City
of Riviera Beach v. Barfield, 642 So. 2d 1135, 1137 (Fla. 4th DC\ 1994), review denied,
651 So. 2d 1192 (Fla. 1995). In City of Riviera Beach, supra, the court held that exempt
records of the West Palm Beach police department's active criminal investigation
concerning a shooting incident involving a police officer from Riviera Beach could
be furnished to the Riviera Beach police department for use in a simultaneous
administrative internal affairs investigation of the officer \vithout losing their exempt
status. Accord Ragsdale v. State, 720 So. 2d 203, 206 (Fla. 1998) (applicability of a
particular exemption is determined by the document being withheld, not by the identity
of the agency possessing the record).
Additionally, a police department may enter into a contract with a private
company that compiles raw police data and then provides informational reports to
law enforcement. The release of the exempt information to the corporation for this
purpose would not cause such records to lose their exempt status. ACO 96-36.
However, while the courts have recognized that active criminal investigative
information may be forwarded from one criminal justice agency to another without
jeopardizing its exempt status, "ltjhere is no statutory exemption from disclosure of
an 'ongoing federal prosecution.'" Woolling v. Lamar, 7M So. 2d 765, 768 (Fla. 5th
DC\ 2(00), review denied, 786 So. 2d 1186 (Fla. 2(01). In Woolling, the court held
that a state attorney bore the burden of establishing that state attorney files in a nolle
prossed case which were furnished to the federal government for prosecution of a
defendant constituted active criminal investigative information; the fact that the federal
government was actively prosecuting the case was not sufficient, standing alone, to
justify imposition of the exemption.
i. Do other public records become exempt from disclosure simply because
162
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
they are transferred to a criminal justice agency?
The exemption for active criminal intelligence and investigative information does
not exempt other public records from disclosure simply because they are transferred
to a law enforcement agency. See e.g., Tribune Company v. Cannella, 438 So. 2d 516,
523 (Fla. 2d DCi\ 1983), reversed on other grounds, 458 So. 2d 1075 (Fla. 1984), appeal
dismissed sub nom., Deperte v. Tribune Company, 105 S.C!. 2315 (1985) (assistant state
attorney could not withdraw public records from public scrutiny by asserting that he
"compiled" the records simply because he subpoenaed them; thus, law enforcement
personnel records compiled and maintained by the employ~ng agency prior to a
criminal investigation did not constitute criminal intelligence or criminal investigative
information).
For example, in New Times, Inc. v. Ross, No. 92.5795 CIV 25 (Fla. 11th Cir.
Ct. March 17, 1992), it was held that papers in a closed civil forfeiture file which
subsequently became part of a criminal investigation were open to inspection. The
court reasoned that the civil litigation materials could not be considered criminal
investigative information because the file was closed prior to the commencemcnt of
the criminal investigation.
Thus, public records maintaincd and compiled by the Office of the Capital Collateral
Represcntative cannot be transformcd into active criminal investigativc information
by merely transferring the records to the Florida Department of Law Enforcement
(FDLE). 1\(;0 88-25. Accord lnf. Op. to Slyc, August 5, 1993, concluding that the
contents of an investigativc report compiled by a state agency inspector gcncral in
carrying out his duty to determine program compliance are not convcrted into criminal
intelligence information merely bccause FDLE also conducts an investigation or
because such report or a copy thercof has been transferred to that departmcnt. And
see Sun-Sentinel, Inc. v. Florida Department of Children and Families, 815 So. 2d 793 (Fla.
3d DC\ 20(2).
Similarly, in A(;O 92-78, the Attorney (;eneral's Office concluded that othcrwise
disclosable public rccords of a housing authority are not rcmoved from public scrutiny
merely becausc records have been subpoenaed by and transferred to the state attorney's
office. And see Inf. Op. to Theobald, November 16, 2006, stating that while an individual
would be prohibited from obtaining records from the internal investigation file pursuant
to s. 112.533(2), FS., whilc thc investigation is active, public records such as overtime
slips created prior to the investigation and maintained in thc law enforcement officer's
personnel file would not becomc confidential simply because copics of such records
are being used in the investigation.
However, thc cxemption for active criminal investigative information may not be
subverted by making a public records request for all public records gathered by a law
enforcement agency in the course of an ongoing investigation; to permit such requests
would negatc the purpose of the exemption. AGO 01-75.
In addition, a request made by a law enforcement agency to inspect or copy a
public record that is in the custody of another agency and the custodian's response to
the request, and any information that would identify whcther a law enforcement agency
has requested or received that public rccord are exempt from disclosure requirements,
163
GOVERNMENT -IN- THE-SUNSHINE- MANUAL
during the period in which the information constitutes active criminal invcstigative or
intelligence information. Scction 119071 (2)(c)2.a., FS. The law enforccment agency
that made the rcquest must give notice to the custodial agency when the criminal
intelligence information or criminal investigative information is no longer active, so
that the custodian's response to the request and information that would identify the
public record requested are available to the public. Section 119'(J71(2)(c)2.b., FS.
Accordingly, agency records are not exempt merely because they have been
submitted to FDLE, but s. 119.071 (2)(c)2.a., ES., would exempt FDLE's request to
inspect or copy records, as well as the agency's response, or any information that would
identify the public record that was requested by FDLE or provided by the agency
during the period in which the information constitutes criminal intelligence or criminal
investigative information that is active. ;\(;0 06-04. Thus, while a request may be
made for the agency's records, such a request may not be phrased, or responded to,
in terms of a request for the specific documents asked for and received by FDLE
during the course of any active criminal investigation. Jd. Cf I nf. Op. to Theobald,
November 16, 2006, stating that while the records in a personnel dcpartment were
subject to disclosure, the personnel dcpartment was precluded from identifying which
of its records had been gathered by a law enforccment agency in the course of its active
intcrnal investigation.
j. Is an entire report exempt if it contains some active criminal
investigative or intelligence information?
The fact that a crime or incidcnt rcport may contain some active criminal
investigative or intelligence information does not mcan that the entire report is exempt
from disclosure. Section I 19.07(1)(d), ES., requires the custodian of the document
to delete only that portion of the record for which an exemption is asserted and to
provide thc remainder of the rccord for examination. See e.g., City of Riviera Beach v.
Barfield, 642 So. 2d 1135, 1137 (Fla. 4th DCA 1994), review denied, 651 So. 2d 1192
(Fla. 1995), in which the court held that a city was authorized to withhold exempt active
criminal invcstigative records but "must comply v,~th the disclosurc requircments of
sections 119.07(2) [now s. 119.07(1)(d)] and 119.011 (3) (c) by making partial disclosurc
of certain non-cxempt information contained in the records including, inter alia, the
date, time and location of the incidcnt."
k. When is criminal investigative or intelligence information received from other
states or the federal government exempt from disclosure?
Pursuant to s. 119.071 (2) (b), FS., criminal intelligence or invcstigative information
receivcd by a Florida criminal Justice agency from a non-Florida criminal justice agency
on a confidential or similarly rcstricted basis is cxcmpt from disclosure. See State
v. Wright, 803 So. 2d 791 (Fla. 4th DC\ 20(1), review denied, 823 So. 2d 125 (Fla.
2(02) (state not required to disclose criminal histories of civilian witnesses which it
obtained from the Federal Bureau of Investigation). The purpose of this statutc is to
"encourage cooperation betwecn non-statc and statc criminal justice agencies." State v.
Buenoano, 707 So. 2d 714, 717 (Fla. 1998). Thus, confidential documents furnished to a
statc attorney by the fcderal governmcnt remained cxcmpt from public inspection even
though the documcnts inadvertcntly had becn givcn to the defendant and placcd in the
court record in ,-iolation of the conditions of thc federal loan agrccment. Id.
164
GOVERNMENT- IN -THE -S UNSH1NE- MANUAL
1. Is criminal investigative or intelligence information received prior to
January 25, 1979, exempt from disclosure?
Criminal intelligence or investigative information obtained by a criminal justice
agency prior to January 25, 1979, is exempt from disclosure. Section 119.071 (2) (a),
FS. See Satz v. Gore Newspapers Company, 395 So. 2d 1274, 1275 (Fla. 4th DCA 1981)
('~;\ll criminal intelligence and criminal investigative information received by a criminal
justice agency prior to January 25, 1979, is specifically exempt from the requirements
of public disclosure.").
2. Autopsy records
a. Autopsy reports
Autopsy reports made by a district medical examiner pursuant to Ch. 406, FS.,
are public records and are open to the public for inspection in the absence of an
exemption. A(;O 78-23. CJ Church of Scientology Flag Service Org., Inc. v. Wood, No.
97 -688CI-07 (Fla. 6th Cir. Cr. February 27, 1997) (physical specimens relating to an
autopsy are not public records, although drafts and notes taken during an autopsy as
well as laboratory reports and photographs are public records). And see Bludworth v.
Palm Beach Newspapers, Inc., 476 So. 2d 775, 777 (Fla. 4th DCA 1985), review denied,
488 So. 2d 67 (Fla. 1986), noting that a former statutory exemption precluding release
of autopsy reports had been repealed.
Although autopsy reports are subject to Ch. 119, FS., "[dJocuments or records
made confidential by statute do not lose such status upon receipt by the medical
examiner." 1\(;0 78-2-"\. See Church of Scientology Flag Service Org., Inc. v. Wood, supra
(predeath medical records in the possession of the medical examiner are not subject
to public inspection). In addition, statutory exemptions from disclosure, such as the
exemption for active criminal investigative information, may also apply to portions of
the autopsy report itself. :\GO 78-23. See Williams v. City of Minneola, 575 So. 2d
683 (Fla. 5th DC\), review denied, 589 So. 2d 289 (lila. 1991), noting the application
of the active criminal investigative information exemption to information contained in
autopsy records.
b. Autopsy photographs and recordings
Prior to the enactment of s. 406.135, FS., autopsy photographs were subject to
disclosure under the Public Records Act. See Williams v. City of Minneola, supra.
However, s. 406.135(2), FS., now provides that a photograph or video or
audio recording of an autopsy held by a medical examiner is confidential and may
not be released except as provided by court order or as otherwise authorized in the
exemption. See :\COs 03-25 and 01-47, discussing circumstances under which autopsy
photographs and recordings may be viewed or copied. And see Inf. Op. to I ,ynn,July 25,
2007 (exemption applies to photographs and recordings taken or made by the medical
examiner as a part of the autopsy process, including those taken before, during,
and after the medical examiner performs the actual autopsy procedure). Cf Campus
Communications, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002), review denied,
848 So. 2d 1153 (Fla. 2(03) (upholding trial court finding that newspaper failed to
165
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
establish good cause for releasc of autopsy photographs of race car driver). Compare
Sarasota Herald-Tribune v. State, 924 So. 2d 8, 14 (Fla. 2d DCA 2(05), review denied,
918 So. 2d 293 (Fla. 2005), cert. dismissed, 126 S. Ct. 1139 (2006), in which the district
court reversed a trial court order that had barred the media from viewing autopsy
photographs that were admitted into e~dence in open court during a murder trial;
according to the appellate court, s. 406.135, I<~S., "does not render these court exhibits
confidential." (e.s.)
3. "Baker Act" reports
Part I, Ch. 394, F.S., is the "Baker ;\ct," Florida's mcntal health act. The Baker
Act provides for the voluntary or involuntary examination and treatment of mentally
ill persons. Pursuant to s. 394.463(2)(a)2., F.S., a law enforcement officer must take
a person who appears to meet the statutory criteria for involuntary cxamination into
custody and deliver that person, or have that person delivered, to the nearcst receiving
facility for examination.
Section 394.463(2)(a)2., FS., requires the officer to "execute a written report
detailing the circumstances under which the person was taken into custody, and the
report shall be made a part of the patient's clinical record." .\ patient's clinical record
is confidential. Section 394.4615(1), ES.
However, in AGO 93-51, the Attorney Gencral's Office noted that a written
incident or event report prepared after a specific crime has been committed which
contains information given during the initial reporting of tlie crime, which is filed with
the law enforcement agency as a record of that event and is not made a part of the
patient's clinical record, is not confidential pursuant to Ch. 394, FS. The opinion noted
that the incident report in question was not the confidential law enforcement report
required by s. 394.463(2)(a)2., supra, but was a separate written incident or event report
prepared by a deputy sheriff for filing \\~th the sheriff's office as an independent record
of the deputy's actions.
4. Confessions
Section 119.071 (2) (e), FS., exempts from disclosure any information revealing the
substance of a confession by a person arrested until such time as the case is finally
determined by adjudication, dismissal, or other final disposition. See Times Publishing
Co. v. Patterson, 451 So. 2d 888 (Fla. 2d DC\ 1984) (trial court order permitting
state attorney or defendant to designate affidavits, depositions or other papers which
contained "statemcnts or substance of statements" to be sealed was overbroad
becausc the order was not limited to those statements revealing the substance of a
" f . ")
con eSSlon .
In i\GO 84-33, the i\ttorney C;eneral's Office advised that only such portions of
the complaint and arrest report in a criminal case file which reveal the "substance of
a confession," i.e., the material parts of a statement made by a person charged with
the commission of a crime in which that person acknowledges guilt of the essential
elements of the act or acts constituting the entire criminal offense, are exempt from
public disclosure. But See Times Publishing Company v. State, 827 So. 2d 1040, 1042
(Fla. 2d DC\ 2002), in which the appellate court held that a trial judge's order sealing
166
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
portions of records of police interviews with the defendant did not constitute a
departure from the esscntial requirements of law; however, portions of the interview
transcript and tapc which did not "directly relate to [the defendant's] participation in
thc crimes" did not contain the substancc of a confession pursuant to s. 119.071 (2)(e),
FS., and must be released.
5. Confidential informants
Section 119.071 (2)(0, FS., cxempts information disclosing the identity of
confidential informants or sourccs. This exemption applies regardless of whcther
the informants or sources are still active or may have, through othcr sources, been
identified as such. Christy v. Palm Beach County Sheriff's Office, 698 So. 2d 1365, 1368
(Fla. 4th DC/\. 1997); and Sa!cines v. Tampa Television, 454 So. 2d 639 (Fla. 2d DC\
1984). And see State v. Natson, 661 So. 2d 926 (Fla. 4th DC\ 1995) (private citizen
who provided police with tip information which lcd to defendant's arrest may be
afforded confidential informant status). Cf Doe v. State, 901 So. 2d 881 (Fla. 4th DC\
2005) (where citizen provided information to state attorncy's office which led to a
criminal investigation, and he was justified in inferring or had a reasonablc expectation
that he would be treated as a confidential source, the citizcn is entitled to have his
identifying information redactcd from the closed file, even though there was no express
assurance of confidentiality by the state attorncy's office); State v. Bartholomew, No.
08-5656CFIO:\ (Fla. 17th Cir. Ct., August 7, 2(09) (evcn if Crimes toppers Council of
Broward County were an agency for purposes of Ch. 119, FS., information relating to
the identity of informants and persons from whom they received information would
be confidential under s. 119.07112J1~, FS.).
However, in Ocala Star Banner Corporation v. McGhee, 643 So. 2d 1196 (Fla. 5th
DCA 1994), the court held that a police department should not have refused to release
an entire police report on the ground that the report contained somc information
identifying a confidential informant. :\ccording to the court, "[wlithout much difficulty
the name of the informant, landJ the sex of the informant (which might assist in
determining the identity) . . . can be taken out of the rcport and the rcmainder turned
over to [the newspaperl." Id. at 1197. Accord Christy v. Palm Beach County Sheriffs
Office, 698 So. 2d at 1368.
Morcovcr, in City of St. Petersburg v. Romine, 719 So. 2d 19, 21 (Fla. 2d DCA
1998), the court rulcd that information regarding paymcnts to a confidential informant
(who had been previously identified as a confidential informant during a criminal trial)
is subjcct to disclosure as long as the records are sufficicntly redacted to conccal the
specific cases on which the informant worked. The court acknowledged that the Public
Records Act may not be used in such a way as to obtain information that the I,egislature
has declared must be exempt from disclosure, but said that "this is not a situation where
someone has alleged that they know or suspect the identity of a confidential informant
and the production of records involving that informant would confirm the person's
information or suspicion." Id.
6. Criminal history information
a. Criminal history information generally
167
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
Except where specific exemptions apply, criminal history information is a public
record. AGO 77-125; Inf. Op. to Lymn, June 1, 1990. And see AGO 97-09 (a law
enforcement agency may, without a request, release nonexempt information contained
in its public records relating to sexual offenders; the agency's authority to release
such information is not limited to those offenders who are designated as "sexual
predators").
Section 943.046, FS., states:
(1) Any state or local law enforcement agency may release to the
public any criminal history information and other information
regarding a criminal offender, including, but not limited to,
public notification bv the agency of the information, unless
the information is confidential and cxempt Ifrom disclosurcJ.
However, this section does not contravene any provision of
s. 943.053 which relates to the method by which an agcncy or
individual may obtain a copy of an offender's criminal history
record.
(2) A state or local law enforcement agency and its personnel
arc immune from civil liability for the release of criminal
history information or other information regarding a criminal
offender, as provided by this scction.
Section 943.053(2), 1':S., referenced in the above statutc, provides restrictions
on the dissemination of criminal history information obtained from federal criminal
justice information systems and other states by stating that such information shall not
be disseminated in a manner inconsistent with the laws, regulations, or rules of the
originating agency. Thus, criminal history record information shared \\~th a public
school district by the Federal Bureau of Investigation retains its character as a federal
record to which only limited access is provided by federal law and is not subject to
public inspection. AGO 99-01.
Section 943.053(3), FS., states that criminal history information compiled by the
CriminalJustice Information Program of the Florida Department of Law Enforcement
from intrastate sources shall bc provided to law cnforcement agencics free of charge and
to persons in the private scctor upon payment of fees as provided in the subsection.
b. Sealed and expunged records
Access to criminal history records which have been sealed or expunged by court
order in accordance \\~th s. 943.059 or s. 943.0585, ES., is strictly limited. See e.g.,
Alvarez v. Reno, 587 So. 2d 664 (Fla. 3d DCA 1991) (Goderich, J., specially concurring)
(state attorney report and any other information revcaling the existence or contents of
sealed records is not a public rccord and cannot, under any Clrcumstanccs, be disclosed
to the public).
;\ law enforcement agency that has bccn ordered to expunge criminal history
information or rccords should physically destroy or obliteratc information consisting of
idcntifiable descriptions and notations of arrest, dctentions, indictments, informations,
168
GOVERNMENT- IN-THE -SUN SHIN E- MANUAL
or other formal criminal charges and the disposition of those charges. ACO 02-68.
However, criminal intelligence information and criminal investigative information
do not fall within the purview of s. 943.0585, ES. Id. And see AGO 00-16 (only
those records maintained to formalize the petitioner's arrest, detention, indictment,
information, or other formal criminal charge and the disposition thereof would be
subject to expungement under s. 943.(585).
There are exceptions allowing disclosure of information relating to the existence
of an expunged criminal history record to specified entities for their respective licensing
and employment purposes, and to criminal justice agencies for their respective criminal
justice purposes. Section 943'()585(4), FS. Similar provisions exist relative to disclosure
of sealed criminal history records. Section 943.059(4), FS. A records custodian who
has received information relating to the existence of an expunged or sealed criminal
history record is prohibited from disclosing the existence of such record. ;\CO 94-
49.
7. Emergency "911" voice recordings
Section 365.171(12), FS., provides that any record, recording, or information, or
portions thereof, obtained by a public agency for the purpose of providing services
in an emergency which reveals the name, address, or 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 s. 119.07(1), FS. The exemption applies only
to the name, address, telephone number or personal information about or 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. Id
A tape recording of a "911" call is a public record which is subject to disclosure after
the deletion of the exempt information. ACO 93-60. If the "911" calls are received
by a law enforcement agency and the county emergency management department,
information which is determined by the law enforcement agency to constitute active
criminal investigative information may also be deleted from the tape prior to public
release. AGO 95-48. See also Inf. Op. to Fernez, September 22, 1997 (while police
department is not prohibited from entering into an agreement \v~th the public to
authorize access to its radio system, the department must maintain confidentiality of
exempt personal information contained in "911" radio transmissions).
8. Fingerprint records
Biometric identification information is exempt from s. 119.07(1), FS. Section
119.071 (5)(g)1., ES. The term "biometric identification information" means any record
of friction ridge detail, fingerprints, palm prints, and footprints. !d.
9. Firearms records
Section 790.335(2), FS., states that no governmental agency "or any other person,
public or private, shall knowingly and willfully keep or cause to be kept any list, record,
or registry of privately owned firearms or any list, record, or registry of the owners
169
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
of those firearms." Exceptions to the prohibition are included in s. 790.335(3), F.S.,
and include, among other things, records of firearms used in committing a crimc and
records relating to any person who has bcen con~cted of a crime. See also s. 790.065(4),
FS., pro\~ding that specified information relating to a buyer or transferee of a firearm
who is not prohibitcd by law from receipt or transfer of a firearm is confidential and
may not be disclosed by the Departmcnt of Law Enforcement to any other person or
agency. Cf AGO 04-52 (prohibition against maintaining list of firearms and firearms
owners not applicable to paper pawn transaction tickets).
Pcrsonal identifying information of an individual who has applicd for or received
a license to carry a concealed weapon or firearm pursuant to s. 790.06, FS., held by the
Department of Agriculture and Consumer Services is confidential and exempt from
public disclosure requirements. Section 790.0601 (1), FS. Such information shall be
disclosed with the express written consent of the applicant or licensee or his or her
legally authorized representative, by court order upon a showing of good cause, or
upon request by a law enforccment agency in connection ,,~th the performance of
lawful duties. Section 790.0601 (2), FS.
10. Juvenile offender records
a. Confidentiality
Juvenile offender records traditionally have been considcred confidential and
treated differently from other records in thc criminal justice systcm. With limited
exceptions, s. 985.04(1), I'S, provides, in relevant part, that:
Except as provided in subsections (2), (3), (6), and (7) and s. 943.053, all
information obtained under this chapter in thc dischargc of official duty by any
judge, any employee of the court, any authorized agent of the department [of
Juvenile JusticeJ, the Parole Commission, the Department of Corrections,
the juvenilc justice circuit boards, any law cnforcement agent, or any liccnsed
professional or licensed community agency rcpresentative participating in the
assessment or trcatment of a juvenilc is confidential and may be disclosed only
to the authorized personnel of the court, the departmcnt and its designees, thc
Department of Corrcctions, the Parole Commission, law enforcement agents,
school supcrintendents and their designees, any licensed professional or licensed
community agency representative participating in thc assessment or trcatment of
a juvenile, and others entitled under this chapter to receive that information, or
upon order of the court. (e.s.)
Similarly, s. 985.04(7)(a), FS., limits access to records in the custody of thc
Departmcnt of Juvenile Justice. With the exccption of specified persons and agencics,
juvenile records in the custody of that agency "may be inspectcd only upon ordcr of
the Secretary of Juvenile Justicc or his or her authorized agent by persons who have
sufficient reason and upon such conditions for their use and disposition as the sccretary
or his or hcr authorizcd agent deems proper." And see s. 985.045(2), FS., providing, with
limited exceptions, for confidcntiality of juvenile court records. Cf s. 943.053(3), FS.,
governing release of "[cjriminal history information, including information relating to
minors" compiled by the Florida Department of Law Enforccment).
170
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
Thus, as a general rule, access to records of juvenile offenders is limited. See e.g.,
Inf. Op. to Galbraith, April 8, 1992 (city's risk manager and attorney representing city
in unrelated ci~l lawsuit not among those authorized to have access); and Inf. Op.
to Wierzbicki, April 7, 1992 (domestic violence center not among those authorized
to receive juvenile information). And see AGO 0719, stating that in a juvenile
misdemcanor case wherc the provisions of s. 985.04(2), FS., are not applicable, the
sheriff's office is not authorized to reveal the names and addresses of the parents of
the juvcnile offcnder when asked for in a public records request.
However, the subject of juvenile offense rccords may authorizc access to such
records to others (such as a potential employer) by means of a release. AGO 96-65.
And, juvenile confidentiality requirements do not apply to court rccords of a casc
in which a juvenile is prosccuted as an adult, regardless of thc sanctions ultimately
imposed in thc case. ,\CO 97 -28.
However, if a juvenilc prosecuted as an adult is transferrcd to serve his or her
sentence in the custody of the Department of Juvenile Justice, thc dcpartment's
records relating to that juvenilc are not open to public inspection. New York Times
Company v. Florida Department of juvenile justice, No. 03-46-CA (Fla. 2d Cir. Ct. March
20, 2003). See s. 985.04(7)(a), FS., providing confidentiality for records in the custody
of the department regarding children.
Confidential photographs of juveniles taken in accordance with s. 985.11, FS,
"may be shown by a law enforccment officer to any victim or wimess of a crime for the
purpose of identifying the person who committed such crime." Section 985.11(1)(b),
FS. This statute authorizes a law enforcement officer to use photographs of juvenile
offenders in a photographic lineup for the purpose of identifying the perpetrator of a
crime, regardless of whether those juvcnile offenders are suspects in the crime under
investigation. ,\CO 96-80. Cf Barfield v. Orange County, Florida, No. Cl92-5913 (Fla.
9th Cir. Ct. August 4, 1992) (denying petitioner's requcst to inspect gang intclligence
files compiled by the sheriff's office).
b. Exceptions to confidentiality
(1) Child traffic violators
All records of child traffic violations shall be kept in the full name of thc ~olator
and shall be open to inspection and publication in the same manner as adult traffic
violations. Section 985.11 (3), FS.
(2) Felony arrests and adult system transfers
Until October 1, 1994, law enforcement agencies generally could release only the
name and address of juveniles 16 and older who had been charged with or convicted
of certain crimes. In 1994, the juvenile confidentiality laws wcre modified to eliminate
the age restriction and provide enhanccd disclosure. Section 985.04(2), FS., now
provides:
Notwithstanding any other provisions of this chapter, the name, photograph,
address, and crime or arrest report of a child:
171
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
(a) Taken into custody if the child has been taken into custody bv a law
., .. .
enforcement officer for a violation of law which, if committed by an adult
, ,
would be a felony;
(b) Found by a court to have committed threc or more violations of law which,
if committed by an adult, would be misdemeanors;
(c) Transferred to the adult system under s. 985.557, indicted undcr s. 985.56,
or waived under s. 985.556;
(d) Taken into custody by a law enforcement officer for a violation of law
subject to the provisions of s. 985.557(2)(b) or (d); or
(e) Transferred to thc adult system but sentenced to the juvcnile system pursuant
to s. 985.565 shall not bc considered confidential and exempt from. . . s.
119.07(1) solely because of the child's age.
Thus, a court ruled that a surveillance videotape which showcd an altercation betwecn
children on a school bus was a student rccord and initially was exempt from disclosure
pursuant to student confidentiality laws. In the Interest of D.l', etc., No. 97-4001 (l'la.
18th Cir. Ct. November 6, 1997). However, some of the students were subsequently
arrested on felony charges and the tape was shown to dcfense counsel. Because of
this, the judge ordcred that the tape bc publicly released with the faces of the non-
charged students and the victims excised from view. Id. Note that the student records
confidentiality laws have changed. While current law exempts "cducation records"
(as defined in FERPA and implementing regulations), the court in National Collegiate
Athletic Association 11. The Associated Press, Case No. 1009-4385 (Fla. 1st DC\ filed
October 1, 2(09), concluded that FER!':\ docs not prohibit the relcasc of records
so long as the student's identifying information is redacted. See s. 104., infra, of this
manual, discussing changes to student confidentiality laws.
The expanded disclosure provisions apply only to juvcnile records created after
October 1, 1994, the effective date of thc amendments to the juvcnile confidentiality
laws. AGO 95-19. Confidential information on juveniles arrested prior to October
1, 1994, is available by court order upon a showing of good cause. Id. Cf In the
Interest of Gay, etc., Petition No. 94-8481 (Fla. 6th Cir. Ct. Juv. Oiv. December 30, 1994),
allowing a newspaper to view "the entire juvenile court files," with the exception of
psychological rcports, relating to juveniles facing felony charges.
(3) Mandatory notification to schools
Section 985.04(4)(b), FS., provides that when the state attorney charges a juvenile
with a felony ot a delinquent act that would be a felony if committed by an adult, the
state attorney must notify the superintendent of the juvenile's school that the juvenile
has been charged \'lith such felony or delinquent act. A similar directive applies to a
law enforcement agency that takes a juvenile into custody for an offense that would
have been a felony if committed by an adult, or a crime of violence. Section 985.04(4)
(a), ES.
In addition, s. 1006.08(2), F.S., requires the court, within 48 hours of the finding,
to notify the appropriate school superintendent of the name and address of a student
found to have committed a delinquent act, or who has had an adjudication of a
delinquent act \~thheld which, if committed by an adult, would be a felony, or the
172
GOVERNMENT -IN- THE-S UNSHIN E-MANUAL
name and address of any student found guilty of a felony. And see s 985.04(4)(c), FS.,
requiring the Department of Juvenile Justice to disclosc to the school superintendcnt the
presence of a Juvcnile sexual offender in the care and custody or undet the jurisdiction
and supervision of the department.
(4) Victim access
Section 985.036(1), FS., allows the victim, the victim's parent or guardian,
their lawful representatives, and, in a homicide case, the next of kin, to have access
to information and proceedings in a juvenilc case, provided that such rights do not
interferc with the constitutional rights of the juvenilc offender. Those entitled to
access "mav not rcveal to anv outside party any confidential information obtaincd under
this subsection regarding a casc involving a juvenile offcnse, cxcept as is reasonably
necessary to pursue legal remedics." Id. And see ss. 985.04(3) and 960.001(8), I'S,
authorizing similar disclosures to victims.
(5) Sexual offenders
Section 985.481(4), FS., authorizes the Department of Juvenile Justice or any law
enforcement agency to notify the community and the public of the presence in the
community of a person who has been adjudicated delinquent as provided in section
943.0435(1)(a)1.d., ES. However, with respect to a sexual offender who has been found
to be a sexual predator under chaptcr 775, thc Department of Law Enforcemcnt or
any other law enforcement agency must inform the community and the public of the
sexual prcdator's presence in the community as providcd in chapter 775. Id. And see
s. 985.04(6)(b), FS., providing sexual offender and prcdator registration information
as required in ss. 775.21, 943.0435, 944.606, 944.607, 985.481, and 985.4815, l'.S., is a
public record pursuant to s. 119.07(1), FS., and as otherwise provided by law.
11. Law enforcement personnel records
In the absence of an express legislative exemption, law enforcement personnel
records arc open to inspection just like those of othcr public employees. See Tribune
Company v. Cannella, 438 So. 2d 516, 524 (Fla. 2d DC\ 1983), quashed on other grounds,
458 So. 2d 1075 (Fla. 1984), appeal dismissed sub nom., Deperte v. Tribune Company,
105 S.Ct. 2315 (1985) (law enforcemcnt personnel records compiled and maintained
by the employing agency "can never constitute criminal investigativc or intelligence
information within the meaning of the Public Records ;\ct even if subpoenaed by
anothcr law enforcement agency at some point after their original compilation by the
employing agency"). However, thcre are some exemptions which apply specifically to
law en forcement personnel records.
a. Complaints filed against law enforcement officers
(1) Scope of exemption and duration of confidentiality
Section 112.533(2)(a), FS., provides that complaints filed against law enforcement
officers and correctional officers, and all information obtained pursuant to the agency's
investigation of the complaint, are confidential until the investigation is no longer active
or until the agency hcad or his or her designee provides written notice to thc officcr
173
GOVERNMENT- IN-THE -SUNSH1NE- MANUAL
who is the subject of the complaint that the agency has concluded the investigation
with a finding to either proceed or not to procced with disciplinary action or the filing
of charges. See also s. 112.531(1), F.S., which dcfines "law cnforcement officer" as any
person, other than a chief of police, who is employed full timc by any municipality o'r
the state or any political subdivision thereof and whosc primary responsibility is the
prevention and detection of crime or the enforccmcnt of the pcnal, traffic, or highway
laws of this state; and includcs any pcrson who is appointed by the sheriff as a deputy
sheriff pursuant to s. 30.<17, FS.
Complaints filed with the employing agency by any person, whether \\~thin or
outside the agency, are subject to the exemption. AGO 93-61. Howevcr, the complaint
must be in writing in order for the confidcntiality provisions to apply. City of Delray
Beach v. Barfield, 579 So. 2d 315 (Fla. 4th DCi\ 1991).
Moreover, s. 112.533, FS., applies to complaints and records obtained pursuant to
the agency's investigation of the complaint; the statutc does not transform otherwise
public rccords (such as crime or incident reports) into confidential records simply
becausc the actions which arc described in the crime report later form thc basis of a
complaint filed pursuant to s. 112.533, I':s. AGO %-27. Thus, a circuit judge ordered
a police dcpartment to provide thc mcdia \\~th a copy of an unredacted incident report
that idcntificd a police officer involved in the shooting of an armcd suspect. Morris
Publishing Group, LLC v. Thomason, No. 16-2()()5-Ci\-7052-XXXX-;\L\ Wla. 4th Gr.
Ct. Octobcr 14, 20()4). And see ;\(;0 08-33 0ist of law enforcement officers who
have been placcd on administrative durv by their employer is not confidential under s.
112.533[2I1a], FS., but is subject to inspection and copying even if information on the
list wjll identify officers who are the subject of internal investigation).
If the officer resigns prior to the agency's completion of its investigation, the
exemption from disclosurc provided by s. 112.533(2), FS., no longer applies, even if
the agency is still actively investigating the complaint. ACO 91-73. However, if the
complaint has generated information which qualifies as active criminal investigative
information, i.e., information compiled by a criminal justice agency while conducting
an ongoing criminal investigation of a specific act, such information would be exempt
while the investigation is continuing \~th a good faith anticipation of securing an arrest
or prosecution in thc foreseeable future. ld. See s. 112.533(2)(b), FS., providing that
the disclosure pro~sions do not apply to any public record [such as active criminal
investigative information exempted in s. 119.071(2)(c), F.S.I which is exempt from
disclosure pursuant to Ch. 119, FS.
The exemption is of limited duration. Section 112.533(2), FS., establishes that the
complaint and all information gathered in the investigation of that complaint generally
become public records at thc conclusion of the investigation or at such time as the
investigation becomes inactive. ;\CO 95-59. Thus, a court ruled that the exemption
ended once the sheriff's office provided the accused deputy with a letter stating that
the investigation had been completed, the allegations had been sustained, and that the
deputy would be notified of the disciplinary action to be taken. Neumann v. Palm Beach
County Police Benevolent Association, 763 So. 2d 1181 (Fla. 4th DCA 2(00).
However, the mere fact that written noticc of intervening actions is provided to
the officer under investigation does not signal the end of the investigation nor does
174
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
such notice make this information public prior to the conclusion of the investigation.
1\GO 95-59. Similarly, the exemption remains in effect if an agency schedules a pre-
disciplinary determination meeting ~th an officer to hear and evaluate the officer's
side of the case because "[dJiscipline is not an accepted fact at this point." Palm Beach
County Police Benevolent Association v. Neumann, 796 So. 2d 1278, 1280 (Fla. 4th DCA
2001).
A complaint is presumed to be inactive, and hence subject to disclosure, if no
finding is made within 45 days after the complaint is filed. Section 112.533(2)(b), FS.
See City of Del ray Beach v. Barfield, 579 So. 2d at 318 (trial court's finding that complaint
was inactive, despite contrary testimony of law enforcement officers conducting
the investigation, comes to appellate court "clothed with its own presumption of
correctness--especially, as here, where there is other record evidence which sustains
it").
(2) Law enforcement officer's access
A political subdi~sion that initiates or receives a complaint against a law
enforcement officer or correctional officer must within 5 business days forward the
complaint to the employing agency of the officer who is the subject of the complaint
for review or investigation. Section 112.533(1)(b), FS. The confidential nature of
the complaint does not preclude the officer who is the subject of the complaint,
along with legal counselor other representative, from re\~ewing the complaint and
all statements, regardless of form, made by the complainant and ~tnesses, and all
existing evidence, including, but not limited to, incident reports, analyses, GPS locator
information, and audio or video recordings relating to the investigation immediately
before beginning the investigative interview: Section 112.533(2)(a), FS. If a witness
is incarcerated in a correctional facility and may be under the supervision of, or have
contact \V~th, the officer under investigation, only the names and statements of the
complainant and non1t1carcerated witnesses may be reviewed by the officer. Id. The
officer under investigation and subject to interrogation by members of his or her
agency for any reason that could lead to disciplinary action, suspension, demotion, or
dismissal must be informed of the nature of the investigation before any interrogation
begins and must be informed of the names of all complainants. Section 112.532(1)
(d), FS. The complaint and all witness statements, including all other existing subject
officer statements, and all other existing evidence, including, but not limited to, incident
reports, GPS locator information, and audio or video recordings relating to the incident
under investigation, must be provided to the officer who is the subject of the complaint
before the beginning of any investigative interview of that officer. Id.
Thus, the officer who is the subject of the complaint may have access to confidential
information prior to the time that such information becomes available for public
inspection. AGO 96-27. However, s. 112.533(2)(b) FS., ljualifies the officer's right of
access provided by s. 112.533(2)(a), F.S., by stating that the disclosure provisions do not
apply to any record that is exempt from disclosure under Ch. 119, FS., such as active
criminal investigative information.
The limited access to the complaint and witness statements pro~ded by s.
112.533(2)(a), FS., does not restrict the officer's (or the public's) access to otherwise
public records, such as incident reports because "[tJhere is no indication in section
175
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
112.533 . . . that the Legislature intended to make public records that are open to public
inspection and copying unavailable to a law enforcement officer who is the subject of a
complaint under investigation by a law enforcement agency." :\CO 96-27.
Moreover, notwithstanding the provisions of s. 112.533(2), FS., if an officer is
subjecr to disciplinary action consisting of suspension ,,~th loss of pay, demotion, or
dismissal, the officer, or the officer's representative, shall, upon request, be provided
with a complete copy of the investigative file, including the final Investigative report
and all evidence, and be given the opportunity to address the findings in the report ,,~th
the employing agency before imposing disciplinary action. Section 112.532(4)(b), FS.
"The contents of the complaint and investigation shall remain confidential until such
time as the employing law enforcement agency makes a final determination whether or
not to issue a notice of disciplinary action consisting of suspension with loss of pay,
demotion, or dismissal." Id.
(3) Limitations on disclosure
Section 112.533(2)(b), FS., states that the inspection provisions in that subsection
do not apply to any public record which is exempt from public disclosure under Ch.
119, FS. For example, active criminal investigative or intelligence information which is
exempt pursuant to s. 119.071 (2) (c), FS., continues to remain exempt notwithstanding
the disclosure provisions set forth in s. 112.533(2)(a), FS. Palm Beach County Police
Benevolent Association v. Neumann, 796 So. 2d 1278 (Fla. 4th DCA 2(01). And see
AGO 91-73. Thus, in such cases, the information would be subject to disclosure
when the criminal investigative information exemption ends, rather than as provided
in s. 112.533(2), FS. And see City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla.
4th DC1\ 1994), review denied, 651 So. 2d 1192 (Fla. 1995) (exempt active criminal
investigative information may be shared \\~th another criminal justice agency for use in
a simultaneous internal affairs investigation and retain its protected status).
Similarly, information which would reveal the identity of the victim of child abuse
. '
or the victim of a sexual offense is not subject to disclosure since that information
is exempt pursuant to s. 119.071 (2)(h), FS. Palm Beach County Police Benevolent
Association v. Neumann, supra.
However, the state attorney's records of a closed criminal investigation are not made
confidential by s. 112.533, lOS., even though an internal investigation conducted by the
police department remains pending concerning the same complaint. I\GO 00-66. Cf
:\GO 96-05, noting that a police report of an agency's criminal investigation of a police
officer is a public record in the hands of the police department after the investigation
is over regardless of whether a copy of the report is forwarded to the Criminal Justice
Standards and Training Commission or to the Commission on l<:thics.
(4) Unauthorized disclosure penalties
Section 112.533(4), lOS., makes it a first degree misdemeanor for any person who is
a participant in an internal investigation to willfully disclose any information obtained
pursuant to the agency's investigation before such information becomes a public record.
However, the subsection "does not limit a law enforcement or correctional officer's
ability to gain access to information under paragraph (2)(a)." Section 112.533(4), FS.
176
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
In addition, a sheriff, police chief or other head of a law enforcement agency, or his
or her designee, may acknowledge the existence of a complaint, and the fact that an
investigation is underway. Id.
The Attorney General's Office has issued several advisory opinions interpreting
this statute. See e.g., AGO 03-60 (while public disclosure of information obtained
pursuant to an internal investigation prior to its becoming a public record is prohibited,
s. 112.533[4], FS., "would not preclude intradepartmental communications among those
participating in the investigation"); and AGO 9(,-18 (statute does not preclude a chief of
police from discussing information obtained from an active internal investigation with
his or her supet\~sory staff \~thin the police department in carrying out the internal
investigation). Cf ,\GO 97-62 (confidcntiality requirements prevent the participation
of a citizens' board in resolving a complaint made against a law enforcement officer
until the officer's employing agency has made its initial findings). But See Cooper v.
Dillon, 403 F. 3d 1208 (11 th Cir. 20(5), in which the 11 th Circuit Court of Appeals
ruled that s. 112.533(4), F.S., was unconstitutional. In its 2005 decision, the Court of
Appeals concluded that "lb]ecause the curtailment of First Amendment freedoms by
Fla. Stat. ch. 112.533(4) is not supported by a compc1ling state interest, the statute fails
to satisfy strict scrutiny and unconstitutionally abridges the rights to speak, publish, and
petition government." Cooper v. Dillon, supra, at 1218-1219.
b. Home addresses, telephone numbers, etc.
Section 119'(171 (4) (d) 1., F.S., contains a specific exemption for certain information
relating to past and present law enforcement officers and their families, by excluding
from public inspection:
The home addresses, telephone numbers, social security numbers, and
photographs of active or former law enforcement personnel, including
correctional and correctional probation officers. .; tl1e home addresses,
telephone numbers, social security numbers, photographs, 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. . . .
The same exemption exists for current or former state attorneys, state\~de prosecutors,
as well as to current and former assistant state attorncys, and assistant statewide
prosecutors. Section 119.071 (4) (d) J.d., FS. And see s. 119.071 (4)(d)1.i., ES. (applying
a similar exemption to certain employees of the Department of Juvenile Justice).
Identification and location information (i.e., home address, telephone number and
photograph of a current or former United States attorney or assistant United States
attorney and the attorney's spouse or child, as well as the place of employment of the
spouse or child or the name and location of the school or day care facility attended
by the child) is exempt provided the attorney submits to the agency having custody of
such information a written request to exempt such information and a written statement
that he or she has made reasonable efforts to protect such information from being
available to the public. Section 119.071(5)(i), FS.,
The purpose of the s. 119.071 (4) (d) exemption is to protect the safety of law
enforcement officers and their families by remO\~ng certain information relating to
177
GOVERNMENT -IN- THE -SUNSHlNE- MAN UAL
such individuals from the mandatory disclosure requirements of Ch 119, FS. AGO
90-50. Accordingly, a posting of the names, I.D numbers and photographs of police
officers in the hallway of the police department for public display would appear to
be counter to the purpose of the exemption. Id. And see AGO 07-21 stating that a
police department, in determining whether to release photographs of law enforcement
personnel, must determine whether there is a statutory or substantial policy need for
disclosure. In the absence of a statutory or other legal duty to be accomplished by
disclosure, the agency should consider whether the release of such information is
consistent with the purpose of the exemption afforded by s. 119.071 (4) (d) 1.
The i\ttorney General's Office has advised that s. 119.071 (4) (d) 1., FS., does not
exempt from disclosure booking photographs of law enforcement and correctional
officers who have been arrested, and who are not undercover personnel whose identity
would otl1erwise be protected by s. 119.071(4)(c), FS. AGO 94-90. However, if the
officer has filed a written request for confidentiality as provided in former s. 119.07(3)
(i)2., f<:S. [see now s. 119.071 (4)(d)2., FS.], the booking photograph may not be released.
Fraternal Order of Police, Consolidated Lodge 5-30, Inc. v. The Consolidated City of
jacksonville, No. 2000-4718-CA (Fla. 4th Gr. Ct. December 21, 20(1). And see Sarasota
Herald-Tribune Co. v. Sarasota County Sheriffs Office, No. 96-1026-CA-Ol (Fla. 12th
Cir. Ct. March 13, 1996) (denying newspaper's request for booking photograph of
sheriff's deputy who had filed a written request for confidentiality). In AGO 07-21,
the Attorney General's Office stated that in cases where s. 119.071(4)(d)8. [see now s.
119.071(4)(d)2.], FS., applies and the officer has filed a written request to maintain the
information as exempt, it may be advisable in light of the cases cited above to obtain
the officer's permission before the release of the photograph.
While s. 119.071(4)(d)1., FS., exempts the home addresses, telephone numbers,
social security numbers and photographs from the mandatory disclosure requirements
of the Public Records Act, it does not prohibit the city from maintaining the names and
addresses of its law enforcement officers. AGO 90-50. See also Inf. Gp. to Reese, l\pril
25, 1989 (information from the city personnel files which reveals the home addresses
of former law enforcement personnel may be disclosed to the State ,\ttorney's office
for the purpose of serving criminal witness subpoenas bv mail pursuant to s. 48.031,
FS.). And see lnf. Op. to Laljuidara, July 17,2003, advising that the cellular telephone
numbers of telephones provided by the agency to law enforcement officers and used
in performing law enforcement duties are not exempt from disclosure under this
exemption.
An agency that is the custodian of personal information specified in s. 119.071 (4)
(d)1., FS., but is not the past or present employer of the officer or employee, must
maintain the exempt status of that information only if the officer or employee or
the employing agency of the designated employee submits a written request for
maintenance of the exemption to the custodial agency. Section 119.071 (4)(d)2., F.S.
See AGO 04-18 (applying exemption when requested to petitions and campaign papers
filed with supervisor of elections), and AGO 97-67 (Official Records maintained by
elerk of court). A property appraiser is precluded from making technology available
to the public that would enable a user to view a map on the Internet showing the
physical location of a law enforcement officer's home, even though the map does not
contain the actual home address of the officer, if the property appraiser has received a
178
GOVERNMENT -IN- THE-S UNSHINE-MANUAL
written confidentiality request from the officer. AGO 04-20. And see Inf. Op. to Cook,
December 22, 2008, noting that nothing in s. 119.071 (4)( d) indicates that such a written
request may be made after a request for the public record has bcen made; generally, the
date in determining whether a document is subject to llisclosure is the date the public
records request is made, making thc law in effect on that date applicable.
It should also be noted that thc exemption afforded by s. 119.071 (4)(d), FS.,
applies only to rccords held by a public agency or a privatc cntity acting on behalf of a
public agency; it does not apply to or preclude a private company from releasing such
information unless that company falls \vithin the definition of "Agcncy" because it is
acting on behalf of a public agency. Inf. Op to Gomez, November 3, 2008.
Section 119.071(4)(d)1.a., FS., does not contain a definition of "law enforcement
personnel." Thus, the scope of the exemption is not clear. The Attorney General's
Office has noted this problem and has recommended that the Legislaturc clarify the
statute. AGO 07 -21 and Inf. Op. to Morgan, September 28, 1992. In the interim, it has
been suggested that agcncies, faced with implementing thc provisions of s. 119.071(4)
(d), FS., consider utilizing the dcfinition of "law enforcement officcr" contained in s.
784.07, FS. Id. This statutc, which imposes increased penalties for assault and battery
on law enforcement officers, has a purpose similar to that of s. 119.071 (4) (d), in that it
seeks to protect the safety of such individuals. "Law enforcement officer" is defined
for purposes of s. 784.07(1)(d), FS., to include:
IAjlawcnforcementofficer, a correctional officer, a correctional probation
officer, a part-time law enforcement officcr, a part-time correctional
officer, an auxiliary law enforcement officer, and an auxiliary correctional
officer, as those terms are respectively defined in s. 943.10, and any
county probation officcr; an cmployce or agent of the Dcpartment of
Corrections who supervises or provides services to l11mates; an officcr
of the Parole Commission; . . . and law enforcemcnt personnel of
the Fish and Wildlife Conservation Commission, the Department of
Environmental Protection, or the Department of Law Enforcement.
c. Polygraph records
The Attorney General's Office is not aware of any statutory pro~sion barring
access to otherwise public records, simply because the records are in the form of
polygraph charts. See e.g., Wisner V. City of Tampa Police Department, 601 So. 2d 296
(Fla. 2d DCA 1992) (polygraph materials resulting from polygraph examination that
citizen took in conncction ",~th a closed internal affairs investigation wcre public
rccords); and Downs !I. Austin, 522 So. 2d 931 (Fla. 1st DCA, 1988) (because state had
already publicly disclosed the results of polygraph tests administered to defendant's
accomplice, the tests were not cxempt criminal investigative or intelligence information
and were subject to disclosure to the defendant).
However, a circuit eourt has noted that the exemption from disclosure found in s.
119.071(1)(a), FS., for employment examination questions and answers could exempt
some information contained in pre-employment polygraph records. See Gillum v.
Times Publishing Company, No. 91-2689-C,\ (Fla. 6th Cir. Ct. July 10,1991) (newspaper
entitled to access to employment polygraph records "to the extent such records
179
GOVERNMENT- IN- THE-SUNSH1NE- MANUAL
consist of polygraph machine graph strips and examiners' test results, including the
bottom portion of the machine graph denoted 'Findings and Comments' or similar
designation;" however, agency could redact "any examinee's actual answers to questions
or summaries thereof" pursuant to the exemption for employment examination
questions and answer sheets that is now found at s. 119'()71 [1 I [a], F.S.).
d. Undercover personnel
Section 119.071 (4) (c), FS., provides that any information revealing undercover
personnel of any criminal justice agcncy is exempt from public disclosure. But See Ocala
Star Banner Corporation v. McGhee, 643 So. 2d 1196 (Fla. 5th DCA 1994), in which the
court held that a police department should not have refused to release an entire police
report that contained some information that could lead to the identity of an undercover
person, when, without much difficulty, the name or initials and identification numbers
of the undercover officer and tl,at officer's supervisor could be taken out of the report
and the remainder turned over to the newspaper. Id. at 1197. Accord Christy v. Palm
Beach County Sheriffs Office, 69H So. 2d 1365 (Fla 4th DC\ 1997).
12. Motor vehicle records
a. Crash reports
Motor vehicle crash reports are confidential for a period of 60 days after the report
is filed. Section 316.066(5)(a), FS. However, such reports may be made immediately
available to the parties involved in the crash, their legal rcpresentatives, their insurance
companies and agents, prosecutorial authorities, victims services programs, and certain
print and broadcast media as described in the exemption. Section 316.066(5)(b), FS.
The owner of a vehicle involved in a crash is among those authorized to receive a copy
of the crash report immediately. ;\GO 01-59.
In addition, the statute provides that any local, statc, or federal agency that is
authorized to have access to crash reports by any provision of law shall be granted
such access in the furtherance of the agency's statutory duties. Section 316.066(5)(c),
FS. Cf AGO 06-11 (fire department that is requesting crash reports in order to seek
reimbursement from the at-fault driver, does not fall within the scope of this provision
authorizing immediate access to the reports). And see ;\CO 09-22 stating that a county
is not entitled to rcceive information contained in crash reports from law enforcement
agencies prepared pursuant to s. 316.066, FS., based on its motor vehicle accident
cost recovery fee ordinance nor is it authorized by s. 316.008(1)(k), FS., to adopt an
ordinance requiring that the county be given access to the information contained in
crash reports prior to the expiration of the 60-day confidentiality period.
"As a condition precedent to accessing a crash report within 60 days after
the date the report is filed, a person must present a valid driver's license or other
photographic identification, proof of status or identification that demonstrates his or
her qualifications to access that information, and file a written sworn statement with
the state or local agency in possession of the information stating that information from
a crash report made confidential and exempt by this sectlOn \\~llnot be used for any
commercial solicitation of accident victims, or knowingly disclosed to any third party
for the purpose of such solicitation, during the period of time that the information
180
GOVERNMENT- IN- THE-S UNSHINE -MANUAL
remains confidential and exempt." Section 316.066(5)(d), FS. Rcports may be released
\~thout the sworn statement to third-party vendors under contract with one or more
insurers, but only if the conditions set forth in the statute are stated in the contract. !d.
Third-degree felony penalties are established for kno"~ng unauthorized disclosure or
use of confidential information in violation of this statute. See s. 316.066(6)(b), (c), and
(d), FS., for more information.
b. Department of Highway Safety and Motor Vehicles records
Section 119.0712(2)(b), FS., provides that personal information, including highly
restricted personal information as defined in 18 USe. s. 2725, contained in a motor
vehicle record is confidential pursuant to the federal Driver's Privacy Protection Act of
1994, 18 USe. ss. 2721 et seq. Such information may be released only as authorized
by that act; however, information received pursuant to that act may not be used for
mass commercial solicitation of clients for litigation against motor vehicle dealers. Id.
Emergency contact information contained In a motor vehicle recotd is confidential
and exempt, and, without the express consent of the person to whom such emergency
contact information applies, may only be released to law enforcement agencies for
purposes of contacting those listed in the event of an emergency. Section 119.0712(2)
(c)1. and 2., F.S.
The term "motor vehicle record" is defined to mean any record that pertains to
a motor vehicle operator's permit, motor vehicle title, motor vehicle registration, or
identification card issued by the Department of Highway Safety and Motor Vehieles.
Section 119.0712(2)(a), FS. Cf AC;O 04-54 which considered a similar definition
to conclude that the exemption afforded under the former statute applied only to
personal information contained in motor vehicle records of the department and did
not authorize a sheriff's office to exempt such personal information from its records.
The department, prior to disclosure of personal information pursuant to s.
119.0712(2), FS., or the federal Driver's Privacy Protection Act of 1994, 18 USe. ss.
2721 et seq., may require the requestor to meet ccrtain conditions for the purposes of
obtaining reasonable assurance concerning the identitv of the requestor and, to the
extent required, assurance that the use will bc only as authorized or that the consent of
the person who is the subject of the personal information has been obtained. Section
119.0712(2)(d), FS. Such conditions may include, but are not limited to, the making
and filing of a written application in such form and containing such information and
certification requirements as the department requires. !d. And see s. 316.066(5)(a), FS.,
providing limitations on access to crash reports for a period of 60 days after the report
is filed; and s. 322.142(4), ES., restricting access to reproductions of color photographic
or digital imaged driver's licenses.
13.Pavvnbrokerrecords
All records relating to pawnbroker transactions delivered to appropriate law
enforcement officials pursuant s. 539.001, FS., the Horida Pawnbroking Act,
are confidential and exempt from disclosure and may be used only for official law
enforcement purposes. Section 539.003, liS However, law enforcement officials are
not prohibited from disclosing the name and address of the pawnbroker, the name and
address of the conveying customer, or a description of the pawned property to the
ISI
GOVERNMENT -IN- THE -SUNSHINE- MANUAL
alleged owner of pawned property. Id And see AGO 01-51. In addition, the statutory
prohibition against maintaining a list of firearms and firearms owners is not applicable
to paper pawn transaction tickets. AGO 04-52.
14. Prison and inmate records
In the absencc of statutory exemption, prison and inmate records are subject to
disclosure under the Public Records Act. Cf Williams v. State, 741 So. 2d 1248 (Fla.
2d DCA 1999) (order imposing offender's habitual offender sentence and documents
showing his qualifying convictions, subject to disclosure under Ch. 119). A discussion
of some of the exemptions from disclosure follows; for a complete listing of excmption
summaries, please refer to Appendix D and the Index.
Subject to limited exceptions, s. 945.10, FS., states that the following records
and information held by the Department of Corrcctions are confidential and exempt
from public inspection: mental health, mcdical or substance abuse rccords of inmates;
prep lea, prctrial intervention, prcsentencc or postsentence investigativc rccords;
information regarding a person in the fcdcral witncss protection program; confidcntial
or cxempt Parole Commission records; information which if relcased would jeopardize
somcone's safety; information conccrning a victIm's statement and identity; information
which identifies an executioner; and records that arc othe"'~se confidential or cxcmpt
by law. See Bryan v. State, 753 So. 2d 1244 (Fla. 2000), in which thc Florida Supreme
Court upheld the constitutionality of s. 945.10. See also Roberts v. Singletary, No. 96-603
(Fla. 2d Cir. Ct. July 28, 1997) (portions of the Department of Corrections Execution
Procedures Manual containing "highly sensitive sccurity information" not subject to
disclosure). Cf s. 951.27, FS. (limited disclosure of infectious disease test rcsults,
including HIV testing pursuant to s. 775.0877, FS., of inmates in county and municipal
detention facilities).
Thc Public Records Act applies to a private corporation which has contracted
to operatc and maintain the county jail. Times Publishing Company v. Corrections
Corporation of America, No. 91-429 CA 01 (Fla. 5th Cir. Ct. Deccmber 4, 1991), per
curiam affirmed, 611 So. 2d 532 (Fla. 5th DC\ 1993). See also Prison Health Services,
Inc. v. Lake!and Ledger Publishing Company, 718 So. 2d 204 (Fla. 2d DC\ 1998), review
denied, 727 So. 2d 909 (Fla. 1999) (records of private company undcr contract with
shcriff to provide health care to jail inmatcs arc subjcct to Ch. 119 just as if they were
maintained by a public agency).
15. Resource inventories and emergency response plans
Section 119.071 (2) (d), FS., exempts "[alny comprehensive inventory of state
and local law enforcement resourccs compilcd pursuant to part I, chaptcr 23, and
any comprehensive policies or plans compiled by a criminal justicc agency pertaining
to thc mobilization, deployment, or tactical operations involved in responding to
emergencies, as defincd in s. 252.34(3). ." See Timoney v. City of Miami Civilian
Investigative Pane!, 917 So. 2d 885 (Fla. 3d DC\ 20(5), in which the court held that a
city policc department's Operational Plan prepared in responsc to intelligcncc reports
warning of possible violence surrounding an economic summit rcmained exempt
from disclosure aftcr the summit ended. The court found that the city planncd to use
portions of the Plan for future events and the "language of [the exemptionl leads us to
182
GOVERNMENT- IN- THE-SUN SHIN E- MANUAL
believe that the legislature intended to keep such security information exempt after an
immediate emergency passes." Jd. at 887. And See s. 119.071 (3)(a)1., FS., which includes
"emergency evacuation plans" and "sheltering arrangements" within the definition of a
"security system plan" that is confidential and exempt from public disclosure.
16. Security system information and blueprints
a. Security system information
Information relating to the security systems for any property owned by or leased to
the state or any of its political subdi,,~sions is confidential and exempt from disclosure.
Section 281.301, FS. Exemptin formation includes all records, information, photographs,
audio and visual presentations, schematic diagrams, surveys, recommendations, or
consultations or portions thereof relating directly to or revealing such security systems
or information. !d. The exemption extends to information relating to or revealing the
security systems for property owned or leased by the state or its political subdivisions,
and also to security information concerning privately owned or leased property which
is in the possession of an agency. :\GOs 01-75 and 93-86. See also s. 331.22, FS.
(airport security plans) and s. 311.13, FS. (seaport security plans).
Section 119.071 (3)(a), F.S., provides a similar exemption from disclosure for
a security system plan that is held by an agency. However, the information may be
disclosed to the property owner or leaseholder as well as to another state or federal
agency to prevent, detect, or respond to an attempted or actual act of terrorism or for
prosecution of such attempts or acts. Id.
The term "security system plan" includes: records relating directly to the physical
security of the facility or revealing security systems; threat assessments conducted by an
agency or private entity; threat response plans; emergency evacuation plans; sheltering
arrangements; or security manuals. !d. Cf s. 381.95, FS., providing an exemption for
information identifying 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 tcrrotism; and s. 395.1056, FS.,
providing an exemption for those portions of a comprehensive emergency management
plan that address the response of a public or private hospital to an act of terrorism.
Sections 281.301 and 119.071 (3) (a), FS., prohibit public disclosure of the name
and address of applicants for security system permits, of pcrsons cited for violations of
alarm ordinances, and of indiVIduals who are the subject of law enforcement dispatch
reports for verified or false alarms "because disclosure would imperil the safety of
persons and property." Critical Intervention Services, Inc. 1). City of Clearwater, 908 So.
2d 1195,1197 (Fla. 2d DC\ 20(5). Accord AGO 04-28.
b. Blueprints
Section 119.071 (3)(b)1., FS., exempts building plans, blueprints, schematic
draw~ngs, and diagrams of government buildings. Exempt information may be disclosed
to another governmental entity, to a licensed professional performing work on the
building, or upon a showing of good cause to a court. Section 119.071(3)(b)3., FS.
183
GOVERN MENT- IN-THE -SUN SH1NE- MANUAL
Exempt documents may also be released in order to comply with competitive bidding
requirements. AGO 02-74. However, the entities or persons rcceiving such information
must maintain its exempt status. !d. And see s. 119.071 (3) (c) 1., FS. (cxemption for
building plans, blueprints, schematic drawings and diagrams of various attractions,
retail, resort, office, and industrial complexes and developments when the records are
held by an agency). The exemption afforded by this statute, however, does not apply
to comprehensive plans or site plans, or amendments thereto, which are submitted for
approval or which have been approved under local land development regulations, local
zoning regulations, or development of regional impact re"~ew Section 119.071 (3)(c)4.,
ES.
17. Surveillance techniques, procedures or personnel
Information revealing surveillance techniques, procedures or personnel is exempt
from public inspection pursuant to s. 119.071 (2) (d), FS.
18. Victim information
f\lthough s. 119.071 (2)(c), FS., exempts active criminal investlgal1ve information
from disclosure, the "name, sex, age, and address of . . . the victim of a crime, except as
pro\~ded in s. 119.071(2)(h)," arc specifically cxcluded from the definition of criminal
investigative or intelligence information. See s. 119.011 (3) (c)2., l':s. i\ccordingly, victim
information is considered to be public record in the absence of statutory exemption. A
discussion of the exemptions which apply to crime victims generally, and those which
apply to the victims of certain crimes, follows. For a discussion of the exemptions that
apply to records of juvenile offenders, please refer to s. F 1 0, supra.
a. Amount of stolen property
Pursuant to s. 119.071(2)(i), FS., criminal intelligence or investigative information
that reveals the personal assets of a crime victim, which were not involved in the crime,
is exempt from disclosure. However, the Attorney Ceneral's Office has stated that this
exemption does not apply to information relating to the amount of property stolen
during the commission of a crime. AGO 82 30. Note, however, that s. 119.071 (2)
(j)1., FS., pro,,~des that victims of certain crimes may file a written request to exempt
information revealing their "personal assets."
b. Commercial solicitation of victims
Section 119.1 05, T'~S., provides that police reports are public records except
as otherwise made excmpt or confidential. Every person is allowed to examine
nonexempt or nonconfidential policc reports. However, a person who comes into
possession of exempt or confidential information in police reports may not use that
information for commercial solicitation of the victims or relatives of the victims and
may not knowingly disclose such information to a third party for the purpose of such
solicitation during the period of time that information remains exempt or confidential.
Id. The statute "does not prohibit the publication of such information to the general
public by any news media legally entitled to possess that information or the use of
such information for any other data collection or analysis purposes by those entitled to
possess that information." Id. A willful and kno\V~ng violation of this statute is a third-
184
GOVERNMENT-IN- THE-SUNSH INE-MANUAL
degree felony. Section 119.1O(2)(b), ES. Cf Los Angeles Police Department v. United
Reporting Publishing Corporation, 120 S.Ct. 483 (1999) (California statute that imposes
conditions on public access to addresses of arrestecs is not facially unconstitutional;
the law does not abridge anyone's right to engage in speech but simply regulates access
to information in the hands of the police department).
By contrast, s. 316.066(5)(a), FS., restricts access to crash reports required by that
section for a period of 60 days after the report is filed. However, such reports may be
made immediately available to the parties involved in the crash and other entities as set
forth in the exemption. Id. For more information about access to crash reports, please
refer to the discussion on that topic in s. 1\12(a), supra, in this manual.
c. Documents regarding victims which are received by an agency
Section 119.071 (2)(j)1., FS., excmpts from disclosure any document thatreveals the
identity, home or employment telephone number or address, or personal assets of the
victim of a crime and identifies that person as the victim of a crime, if that document
is received by an agency that regularly receives information from or concerning the
victims of crime. However, this provision is limited to documents received by agencies
which tegularly receive information from or concerning victims of crime; it docs not
apply to records generated or made by these agencies. '\CO 90-80. Accordingly, this
exemption docs not apply to police reports. !d. ,\dditionally, the exemption does not
apply to documents revealing the iden lity of a \~ctim of crime which are contained in
a court file not closed by court order. AC() 90-87.
Section 119.071 (2)(j) 1., l':s., also provides that "[a]ny state or federal agency that is
authorized to have acccss 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." See Inf. Op. to McCabe, November 27, 1995 (state attorney authorized to
release materials received during an investigation of a domestic violence incident to a
police department for use in the department's internal affairs investigation).
d. Home or employment address, telephone number, assets
Victims of specified crimes listed in s. 119.071 (2)(j) 1., FS., are authorized to file a
written request for confidentiality of their addresses, telephone numbers and personal
assets as follows:
Any information not otherwise held confidential or exempt [from
disclosure] which reveals the home or employment telephone number,
home or employment address, or personal assets of a person who has
been the victim of sexual battery, aggravated child abuse. aggravated
stalking, harassment, aggravated battery, or domestic violence is exempt
[from disclosurel upon written request by the victim which must include
official verification that an applicable crime has occurred.
Such information shall cease to be exempt 5 years after the receipt of the
written request. (e.s.)
The preceding exemption is not limitcd to documents received by an agency,
185
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
but exempts specified information in records--whether generated or rcceived bynan
agency. Thus, a victim of the enumcrated crimes may filc a written request and have
his or her home or cmploymcnt telephone number, home or employment address,
or personal assets, exempted from the police report of the crime, provided that the
request includes official verification that an applicable crime has occurred as provided
in the statute. Criminal Law Alert, Office of the Attorney General, Junc 29,1995. The
exemption is Jjmited to the victim's address, telcphone number, or personal assets; it
docs not apply to the victim's identity. City of Gainesville v. Gainesville Sun Publishing
Company, No. 96-3425-C:\ (Fla. 8th Cir. Ct. October 28, 1996).
The incident report or offense rcport for one of the listcd crimcs may constitute
"official vcrification that an applicable crime has occurred." Criminal Law Alert, Office
of the Attorney General, June 29, 1995. In addition, the requirement that the victim
make a written requcst for confidentiality applics only to information not otherwise
held confidential by law; thus, the exemption supplemcnts, but docs not replace, othet
confidentiality provisions applicable to crime victims. !d. The exemption applies to
records created prior to, as well as after, the agency's receipt of the victim's written
request for confidentiality. AGO 96-82.
There is no exception to the prO\~sions of s. 119.071 (2)G)1., ES., for copies of the
police report that are sent to domcstic violence ccnters; thus, the victim's address and
telephone number must be deleted from the copy of the police report that is sent to
a domestic violence center pursuant to s. 741.29, ES., if the victim has made a written
rcquest for confidentiality pursuant to s. 119.071 (2)(j) 1., FS. ,\CO 0250.
e. Information revealing the identity of victims of sex offenses and of child abuse
(1) Law enforcement and prosecution records
Section 119.071 (2) (h) 1., FS., provides a comprchensive exemption from disclosure
for information which would reveal the identity of victims of sexual offenscs prohibited
in Chs. 794, 80n and 827, FS., or of child abusc as proscribcd in Ch. 827, FS. The
exemption includcs the "photograph, name, addrcss, or othcr fact or information"
which would reveal the identity of thc victim of these crimes. The exemption applies
to "any criminal intelligence information or criminal investigative information or other
criminal record, including those portions of court records and court proceedings,"
which may reveal the victim's identity. !d.
In addition, the photograph, videotape, or image of any part of the body of a
victim of a sexual offense prohibited under Chs. 794, 800, or 827, FS., is confidential
and excmpt, regardless of whcthcr the photograph, ,~deotape, or image identifies the
victim. Section 119.071 (2)(h)2., FS.
Section 119.071 (2)(j)2., FS., providcs that identifying information in a videotaped
statement of a minor who is alleged to be or who is a victim of a sexual offcnsc
prohibited in thc cited laws which rcvcals thc minor's identity, including, but not limited
to, the minor's face; thc minor's home, school, church, or employment telephonc
number; the minor's home, school, church, or employment address; thc name of
the minor's school, church, or place of employment; or the personal assets of the
minor; and which identifies the minor as a victim, held by a law enforcement agcncy, is
186
GOVERNMENT - IN- THE-SUNSHIN E-MAN UAL
confidential. Access shall be provided, however, to authorized governmental agencies
when necessary to the furtherance of the agency's duties. Id.
Thus, information revealing the identity of victims of child abuse or sexual
battery must be deleted from the copy of the report of domestic violence which is
sent by a law enforcement agency to the nearest domestic violence center pursuant to
s. 741.29(2), FS. ,\CO 92-14. And see Palm Beach County Police Benevolent Association
v. Neumann, 796 So. 2d 1278 (Fla. 4th DC;\ 20(1), applying exemption to information
identifying a child abuse victim which was contained in files prepared as part of an
internal investigation conducted in accordance with s. 112.533, F.S.
However, the identity of a child abuse victim who died from suspected abuse is
not confidential. AGO 90-103.
A public employee or officer having access to the photograph, name, or address
of a person alleged to be a victim of an offense described in Ch. 794 (sexual battery);
Ch. 800 Qewdness, indecent exposure); s. 827.03 (child abuse); s. 827.04 (contributing
to delinquency or dependency of a child); or s. 827.071 (sexual performance by a child)
may not willfully and knowingly disclose it to a person not assisting in the investigation
or prosecution of the alleged offense or to any person other than the defendant, the
defendant's attorney, a person specified in a court order entered by the court having
Jurisdiction over the alleged offense, to organizations authorized to receive such
information made exempt by s. 119.071 (2)(h), l<:s., or to a rape crisis center or sexual
assault counselor, as defined in s. 90.5035(1)(b), FS., who will be offering services to the
victim. Section 794.024(1), FS. A violation of this section constitutes a second degree
misdemeanor. Section 794.024(2), ES. Cf State v. Globe Communications Corporation,
648 So. 2d 110, 111 (Fla. 1994) (statute mandating criminal sanctions for "print[ing],
publishlingj, or broadcast[ing] in any instrument of mass communication" information
identifying a victim of a sexual offense, ruled unconstitutional).
An entity or individual who communicates to others, prior to open judicial
proceedings, the name, address, or other specific identifying information concerning
the victim of any sexual offense under Ch. 794 or Ch. 800 shall be liable to the victim
for all damages reasonably necessary to compensate the victim for any injuries suffered
as a result of such communication. Section 794.026(1), FS. The victim, however, may
not maintain a cause of action unless he or she is able to show that such communication
was intentional and was done with reckless disregard for the highly offensive nature of
the publication. Section 794.026(2), FS. Cf Cox Broadcasting Corp. v. Cohn, 95 S.Ct.
1029 (1975); and Cape Publications, Inc. v. Hitchner, 549 So. 2d 1374 (Fla. 1989), appeal
dismissed, 110 S.Ct. 296 (1989).
The Crime Victims' Services Office in the :\ttorney General's Office is authorized
to receive confidential records from law enforcement and prosecutorial agencies.
Section 960.05(2)(k), FS. And see :\GO 9251 (city victim services division, as a
governmental agency which is part of the city's criminal justice system, may receive
identifying information about victims of sex offenses, for the purpose of advising the
victim of available services pursuant to s. 960.001, FS., requiring distribution of ~ctim
support information).
187
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
(2) Court records
The Legislature intended to make the identity of a victim of a sexual offense
confidential in court records. 1\C;0 03-56. See s. 119.0714(1)(h), FS.
Section 92.56, FS., provides that criminal intelligence information or criminal
investigative information made confidential pursuant to s. 119.071 (2) (h) must be
maintained in court records and in court proceedings, including witncsscs! testimony.
If a petition for access to these records is filed with the trial court \v~th jurisdiction
over alleged offense, the status of the information must be maintaincd by the court if
the state or thc v~ctim demonstrate certain factors as set forth in the statute. Scction
92.56(1), FS. 1\ person who vv~J]fully and knO\v~ngly violates section 92.56, FS., or
any court order issued undcr this section is subject to contempt proceedings. Section
92.56(6), FS.
(3) Department of Children and Family Services abuse records
As discussed in s. J of this manual, there are statutory exemptions set forth in
Ch. 415, FS., which relate to records of abuse of vulnerable adults. Similar provisions
relating to child abuse records are found in Ch. 39, I".S. The Attorney C;eneral's Office
has concluded that the confidentiality provisions in these laws, i. e., ss. 415.107 and
39.202, FS., apply to records of the Department of Children and liamily Sen~ces and
do not encompass a law enforcement agency's arrest report of persons charged with
criminal child abuse, after the agency has deleted all information which would reveal
the identity of the victim. See AGO 93-54. Accord Inf. Op. to O'Brien, January 18,
1994. Cf Times Publishing Company v. A.j, 626 So. 2d 1314 (Fla. 1993), holding that
a sheriff's incident report of alleged child abuse that was forwarded to the state child
welfare department for investigatlOn pursuant to Ch. 415, FS. 1990 Isee nour, Part II,
Ch. 39, FS., entitlcd "Reporting Child Abuse"], should not be released. The Court
noted that the department had found no probable cause and that child protcction
statutes accommodatc privacy rights of those involved in these cases "by providing that
the supposed \'ictims, their families, and the accused should not be subjected to public
scrutiny at least during the initial stages of an investigation, before probable cause has
been found." Id. at 1315.
Section 39.202(1), and (2) (b), FS., authorizes criminal justice agencies to have
access to confidential abuse, abandonment, or neglect records held by the Department
of Children and Family Services and provides that the exemption from disclosure for
department abuse records also applies to department records and information in the
possession of the agencies granted access. See Inf. Op. to Russell, October 24, 2001.
f. Relocated victim or witness information
Information held by a law enforcement agency, prosecutorial agency, or the Victim
and Witness Protection Review Committee which discloses the identity or location of
a victim or witness who has been identified or certified for protective or relocation
services is confidential and exempt from disclosure. The identity and location of
immediate familv members of such victims or witnesses are also protected, as are
relocation sites, t~chniques or procedures utilized or developed as a result of the victim
and witness protective services. Section 914.27, FS.
188
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
G. WHAT ARE THE STATUTORY EXEMPTIONS RELATING TO BIRTH
AND DEATH RECORDS?
i\ number of exemptions exist for adoption, birth, and death records. For a
complete listing, please refer to i\ppendix ]) and the Index.
1. Birth and adoption records
Except for birth records over 100 years old which arc not under seal pursuant to
court order, all birth records are considered to bc confidential documents and exempt
from public inspection; such records may be disclosed only as provided by law. Section
382.025(1), FS.; AGO 74-70. Cf s. 383.51, FS. (the identity of a parent who leaves
a newborn infant at a hospital, emergency medical services station, or fire station in
accordance with s. 383.50, I':S., is confidential).
Adoption records arc confidential and may not bc disclosed except as provided
in s. 63.1 ()2, FS. An unadopted individual, however, has the right to obtain his or her
birth records which include the names of the individual's parents from the hospital in
which he or she was born. Atwell v. Sacred Heart Hospital of Pensacola, 520 So. 2d 30
(Fla. 1988).
In the absence of court order issued for good cause shown, the name and identity
of a birth parent, an adoptive parent, or an adoptee may not be disclosed unless the
birth parent authorizes in writing the release of his or her name; the adoptee, if 18 or
older, authorizes in writing the release of his or her name; or, if the adoptee is less than
18, written consent is obtained from an adoptive parent to disclosc the adoptee's name;
or the adoptive parent authorizes in writing the release of his or her name. Section
63.162(4), FS. And see s. 63.165(1), lOS. (state adoption rcgistry); and s. 63'()541, FS.
(putative father registry).
2. Death certificates
Information relating to cause of death in all death and fetal death records, and
the parentage, marital status, and medical information of fetal death records are
confidential and exempt from s. 119.07(1), FS., except for health research purposes
as approved by the Departmcnt of Health. Section 382.008(6), FS. Cf Yeste v. Miami
Herald Publishing Co., 451 So. 2d 491 (Fla. 3d DC\ 1984), review denied, 461 So. 2d
115 (Fla. 1984) (medical certification of the cause of death in the death certificate is
confidential). And see s. 382.025(2)(a), FS., providing for the issuance of a certified copy
of a dcath or fetal death certificate, excluding the portion that is confidential pursuant
to s. 382.008, FS., and specifying those persons and governmental agencies authorized
to receive a copy of a death certificate that includes the confidential portions. All
portions of a death certificate shall cease to be exempt 50 years after the death. Section
382.025(2)(b), FS
By contrast, autopsy reports prepared by a district medical examiner pursuant
to Ch. 406, FS., have been held to be subject to public inspection. See Church of
Scientology Flag Service Org., Inc. v. Wood, No. 97-688CI-07 (Fla. 6th Cir. Ct. February
27, 1997); and AGO 78-23. For more information about autopsy reports, please refer
to s. F. 2, 0 f this Manual.
189
GOVERNMENT- IN-THE -S UNSHINE -MANUAL
H. WHAT ARETHESTATUTORYEXEMPTIONS RELATINGTO HOSPITAL
AND MEDICAL RECORDS?
There are many exemptions for hospital and medical records. For a more complete
listing, please refer to the exemption summaries containcd in Appendix D or the
Index.
I. Communicable or infectious disease reports
,\ number of exemptions exist for communicablc or infectious disease reports.
E.g., s. 381.0031 (4), FS. (information submitted in public health reports to Departmcnt
of Health is confidcntial and is to be made public only when necessary to public
health); s. 384.29, !.:S. (sexually transmissible diseases); s. 4()6.041(3), FS. (reports of
hcpatitis B carrier status filcd by a dentist). See Ocala Star-Banner v. State, 697 So.
2d 1317 (Fla. 5th DCA 1997) (upholding court order sealing portions of a battery
prosccution casc file pertaining to transmission of sexually transmissible diseases to
v~ctims due to s. 384.29, F.S., confidentiality requiremcnts). However, notwithstanding
any other provision of law to thc contrary, the Dcpartmcnt of Health, the Department
of Children and Family Services, and the Agcncy for Pcrsons with Disabilities may
share confidential information on any individual who is or has been the subject of a
program within thc jurisdiction of each agency. Sections 381.0022 and 402.115, ES.
Thc shared information remains confidential or exempt as prm,~ded by law. Id. See
;\CO 98-52.
Results of screenings for sexually transmissible diseascs conducted by the
Department of Health in accordance with s. 384.287, FS., may be released only to
those persons specified in the cxemption. Section 384287(5), FS. j\ person who
receives the results of a test pursuant to this section, which results disclose human
immunodeficiency virus (HIV) infection and are othcrwise confidential pursuant to
law, shall maintain the confidcntiality of the information rcceivcd and thc identity of
thc person tcsted as required by s. 381.004, FS.; violation of this subsection is a first
degree misdemeanor. Section 384.287(6), FS.
Notification to an emergency mcdical technician, paramedic or other person that a
patient they treated or transported has an infectious disease must bc donc in a manner
to protect the confidentiality of patient information and shall not include the patient's
name. Section 395.1025, FS.
There are strict confidentiality rcquirements for test results for HIV infection; such
information may be released only as expressly prcscribed by statute. See s. 381.004, FS.
Any person who violates the confidentiality provisions of s. 381.004, FS., and s. 951.27,
FS., is guilty of a first degrcc misdemeanor. Section 381.004(6)(b), FS. And see s.
381.004(6)(c), FS., establishing felony penalties for disclosure in certain circumstances.
Thus, information rcceived by the clerk of court indicating that an individual has
complied with an order to be tested for I-IIV and the attendant test results "would
appear to be confidcntial and should be maintained in that status." :\CO 00-54. Cf
Floridd Department of Corrections v. Abril, 969 So. 2d 201 (Fla. 20(7)(an cntity that
negligently violates a patient's right of confidcntiality in disclosing thc results of HIV
testing may be held responsible in a negligcncc action).
190
GOVERNMENT- IN- THE-SUNSH IN E-MANUAL
HIV tests performed on persons charged with certain offenses may not be
disclosed to any person other than the defendant, and upon request, thc \~ctim or
the victim's legal guardian, or if the victim is a minor, the victim's parent or legal
guardian, and to public health agencies pursuant to s. 775.0877, FS., except as expressly
authorized by law or court order. If the alleged offender is a juvenile, the test results
shall also be disclosed to the parent or guardian. Section 960.003, r:s. See also s. 951.27,
FS. (limited disclosure of infectious disease test results, including HIV testing pursuant
to s. 775.0877, FS., of inmates in county and municipal detention facilities, as provided
in statute).
2. Emergency medical services
With limited exceptions, s. 401.30(4), FS., provides, in relevant part, that "[rJecords
of emergency calls which contain patient examination or treatment information are
confidential and exempt from the provisions of s. 119,(J7(1) and may not be disclosed
without the consent of the pcrson to whom they pertain." Such records may be
released only in certain circumstances and only to the persons and entities specified
in the statute. ACO 86-97. Thus, a city commissioner is not authorized to review
records of an emergency call by the city's fire-rescue department when those records
contain patient examination and treatment information, except \\~th the consent of
the patient. ACO 04-09. See Lee County v State Farm Mutual Automobile Insurance
Company, 634 So. 2d 250 (Fla. 2d DCA 1994), upholding the county's right to require
the patient's notarized signature on all release forms, to ensure that these confidential
records are not improperly released. And see AGO 09-30 (entire record of emergency
call containing patient examination and treatment information which is maintained as
required by s. 401.30[1 j, ES., is confidential and exempt; reports containing statistical
data, required by the Department of Health, are public records and must be made
available for inspection and copying following redaction of any patient-identifying
information).
However, s. 401.30(4), is not violated by the city attorney, or an attorney under
contract to the city, and other city officials having access to the city fire-rescue
department's records of emergency calls that contain patient information when such
access is granted to such individuals in carrying out their official duties to advise and
defend, or assess the liability of, the city in a possible or anticipated claim against the
city arising out of the provision of such care. ACO 95-75. And see AGO 08-20 (s.
401.30[4j, FS., permits emergency medical services transportation licensee to release
records of emergency calls including patient's name, address, and pertinent medical
information to local law enforcement agency that docs not provide regulatory or
supervisory responsibilirv over licensee).
Reports to the Department of Health from service providers that cover statistical
data are public except that the names of patients and other patient-identifying
information contained in such reports are confidential and exempt from s. 119JJ7(1),
FS. Section 401.30(3), ES.
3. Hospital records
a. Public hospitals
191
GOVERNMENT-IN -THE -SUNSHINE- MANUAL
Like other governmental agency records, public hospital records are subject to
disclosure in the absence of a statutory exemption. ACO 72-59. For examplc, the
court in Tribune Company v. Hardee Memorial Hospital, No. Cl\ 91-370 (Fla. 10th Cir.
Ct. August 19, 1991), held tlut a settlement agreement entered in a lawsuit against
the public hospital alleging that the hospital had swapped babies was a public record.
The court held that the agreement was subject to disclosure despite a confidentiality
provision contained within the agreement and claims by the hospital that it constituted
work product.
In recent years, however, an increasing number of exemptions have been created
for hospital records. A discussion of exemptions follows:
(1) Employee evaluations and personal identification information
Section 395.3025(9), FS., authorizes hospitals to prescribc the content of limited
access employee records which are not available for disclosure for 5 years after such
designation. Such records are limited to evaluations of employee performance, including
records forming the basis for evaluation and subsequent actions. See Times Publishing
Company v. Tampa General Hospital, No. 93-03362 (Fla. 13th Cir. Ct. May 27, 1993)
(s. 395.3025l9] exemption does not apply to list of terminated hospital employees;
hospital ordered to allow newspaper to inspect list and personnel files of those persons
named in list after "limited access" documents have been removed).
Home addresses, telephone numbers, and photographs of certain hospital
employees, as well as specified personal information about the spouses and children of
such employees, are also confidential. See ss. 395.3025(10) and (11), FS.
All personal identifying information contained in records provided by physicians
licensed under Ch. 458 or 459 in response to physician workforce surveys required as
a condition for license renewal and held by the Department of Health is confidential
and exempt, except as otherwise provided. Section s. 458.3193, FS. (also published as
s. 459.0083, FS.)
(2) Proprietary business records
The following public hospital records and information are confidential and
exempt from disclosure: contracts for managed care arrangements under which the
public hospital provides health care services and any documents directly relating to the
negotiation, performance, and implementation of such contracts; certain strategic plans;
trade secrets as defined in s. 688.1l02; documents, offers, and contracts (not including
managed care contracts) that are the product of negotiations with nongovernmental
entities for the payment of services when such negotiations concern services that are or
may reasonably be expected to be provided by the hospital's competitors, provided that
if the hospital's governing board is required to vote on the documents, this exemption
expires 31l days prior to the date of the meeting when the vote is scheduled to take
place. Section 395.3035(2), FS. Cf AGO 92-56, concluding that the exemptions must
be strictly construed.
(3) Quality assurance records
192
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
Quality assurance or improvement records are generally confidential and not
subject to disclosure. See e.g., s. 394.907(7), FS. (community mental health centers and
facilities); s. 397.419(5) (substance abuse service providers); s. 401.425(5),FS. (cmergency
medical services); s. 641.55(5)(c), FS. (health maintenance organizations). See also e.g.,
s. 395.0193(7), FS. (records of peer review panels, committees, governing bodies, or
agent thereof, of hospitals or ambulatory surgical centers which relate to disciplinary
proceedings against staff not subject to s. 11907[1 j, FS.); s. 395.0197(7), FS. (adverse
incident report submitted to the Agency for Health Care Administration shall not be
available to the public); s. 395.4025(12), FS. (patient care quality assurance reports
made pursuant to enumerated statutes shall be held confidential by the Department
of Health or its agent); and s. 400.119(1) and (2)(h), FS. (specified incident reports and
records of meetings of a risk management and quality assurance committee of a long-
term care facility are confidential). But see Art. X, s. 25, Fla. Const., and s. 381.028, FS.,
authorizing patients to have access to any records made or received in the course of
business by a health care facility or provider relating to any adverse medical incident.
And see Florida Hospital waterman, Inc. v. Buster, supra (amendment creating An. I, s.
25, Fla. Const., was intended to apply to existing records).
b. Private hospitals/private organizations operating public hospitals
A private organization leasing the facilities of a public hospital is acting on behalf
of a public agency and thus constitutes an agency subject to open records requirements
in the absence of statutory exemption. See Memorial Hospital- west Volusia, Inc. v.
News-Journal Corporation, 729 So. 2d 373 (Fla. 1999). See also s. B.2., of this Manual,
discussing the applicability of the Public Records Act to private organizations providing
services to public agencies.
Section 395.3036, ES., provides that records of a private corporation that leases
a public hospital or other public health care facility are confidential and exempt from
disclosure when the public lessor complies with the public finance accountability
provislOns of s. 155.40(5), FS., with respect to the transfer of any public funds to the
private lessee and when the private lcssee mects at least three of five criteria set forth
in the exemption. See Indian River County Hospital District v. Indian River Memorial
Hospital, Inc., 766 So. 2d 233 (Fla. 4th DC\ 2000) (nonprofit corporation leasing
hospital from hospital distnct is exempt from the open government laws). And see Baker
County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189 (Fla. 1 st DCA
20(4), upholding the constitutionality of the exemption. Cf Memorial Hospital- west
Volusia, Inc. v. News- Journal Corporation, 927 So. 2d 961 (Fla. 5th DC\ 20(6) (private
corporation that purchased hospital from public hospital authority not subject to Public
Records Act) and s. 155.40(8), FS., describing and construing the term "complete sale"
as applied to a purchase of a public hospital by a private entity.
4. Patient records
Patient records are generally protected from disclosure. For example, patient
records in hospitals or ambulatory surgical centers licensed under Ch. 395, FS., are
confidential and may not be disclosed without the consent of the patient, or the
patient's legal representative, except as ptlwided in the statute. Section 395.3025(4),
(5), (7) and (8), FS. And see s. 400.1J22(1)(m), FS. (nursing home residents' medical and
personal records); s. 41JO.611 (3), FS. (hospice); and s. 383.32(3), Ji.S. (birth centers).
193
GOVERNMENT- IN- THE-SUNSH1NE-MANUAL
See State v. Johnson, 814 So. 2d 390 (Fla. 20(2) (state attorney's subpoena power under
s. 27.IJ4, 1'~S., cannot override notice requirements of s. 395.3025(4)(d), FS., which
provides for disclosure of confidential patient records upon issuance of subpoena and
upon proper notice to the patient or the patient's legal representative). Cf s. 408.051 (3),
FS., permitting a health care provider to release or access an identifiable health record
of a patient without the patient's consent for use in the treatment of the patient for
an emergency medical condition, as defined in s. 395.002(8), I\S., when the health
care provider is unable to obtain the patient's consent or the consent of the patient
representative due to the patient's condition or the nature of the situation requiring
immediate medical attention.
Patient medical records made by health care practitioners may not be furnished
to any person other than the patient, his or her legal representative or othet health
care practitioners and providers involved in the patient's care and treatment without
written authorization except as provided by ss. 440.13(4)(c) and 456.057, FS. Section
456.057(7)(a), FS.
The recipient of patient records, if other than the patient or the patient's
representative, may use such information only for the purpose provided and may not
disclose any information to any other person or entity, unless expressly permitted by
the written consent of the patient. See ss. 395.3025(7)(hospital patient records) and
456.057(12), FS. (health care practitioner patient records). Thus, pre death medical
records in the possession of tl1e medical examiner are not subject to public inspection.
Church of Scientology Flag Service Org., Inc. v. Wood, No. 97-688Cl-07 (Fla. 6th Cir. Ct.
February 27,1997).
Patient clinical records are also protected. See e.g., s. 393.13( 4) (i) 1., l':s. (central
client records of persons with developmental disabilities); s. 394.4615(1), FS. (clinical
records of persons subject to "The Baker Act"); s. 397.501 (7), FS. individuals receiving
services from substance abuse service providers); s. 916.107(8), FS. (forensic clients).
Such records maintain their confidentiality even when disclosed to another agency such
as the clerk of the circuit court. AC() 91-10. And see Sarasota Herald-Tribune v.
Department of Children and Families, No. 2001-CA-002445 (Fla. 2d Cir. Ct. April 8,
2002) (confidentiality of clinical record is maintained even though Department of
Children and Families may have filed portions of the records in court proceedings
throughout the state; department has no authority to waive confidentiality of clinical
records) .
Except as provided in the exemption, all personal identifying information,
contained in records relating to an individual's personal health or eligibility for
health-related services held by the Department of Health is confidential and exempt.
Section 119.0712(1), FS. And see s. 119.0713(2), ES. (personal identifying information
contained in records relating to a person's health held by local governmental entities for
purposes of determining eligibility for para transit services under the Americans with
Disabilities Act); and s. 408.7IJ56(14), I\S. (subscriber-identifying information contained
in records held by the subscriber assistance panel, Department of Financial Services,
or state health care agency). Cf :\CO 01-69 (documents submitted to the statewide
provider and managed care organization claim dispute resolution program pursuant to
s. 408.7057, FS., found to be subject to disclosure after redaction of patient-identifying
information)
194
GOVERNMENT - IN- THE -S UNSH1NE -MANUAL
Certain identification and location information of a patient or patient's agent, a
health care practitioner, a dispenser, an employee of the practitioner who is acting
on behalf of and at the direction of the practitioner; a pharmacist, or a pharmacy,
that is contained in Department of Health records under the electronic prescription
drug monitoring program for monitoring the prescribing and dispensing of controlled
substances are confidential and exempt from disclosure. Section 893.0551 (2), FS.
5. Anatomical gifts donor records
The Agency for Health Care Administration and the Department of Highway
Safety and Motor Vehicles must jointly contract for the operation of an anatomical
gifts donor registry. Section 765.5155(2), j<:s, Information held in the donor registry
which identifies a donor is confidential and exempt but may be disclosed to certain
specified individuals including procurement organizations certified by tbe Agency
for Health Care Administration and persons engaged in bona fide research. Section
765.51551(1) and (2), FS.
I. WHAT ARE THE STATUTORY EXEMPTIONS RELATING TO
EDUCATION RECORDS?
There are statutory exemptions which remove some education records from
disclosure. A discussion of exemptions relating to education records follows; for a
more complete listing of exemption summaries, please refer to Appendix D and the
Index.
1. Direct-support organizations
Several statutes exempt information identifying donors to direct-support
organizations associated with education agencies. The identity of donors to a direct-
support organization of the Department of Education or of a district school board,
and all information identifying such donors and prospective donors, are confidential
and exempt from the provisions of s. 119.07(1), FS.; that anonymity is required to be
maintained in the auditor's report. See s. 1001.24(4), FS. (Department of Education
direct-support organization); s. 1001.453(4), FS. (district school board direct-support
organization). Cf 267.1736(9)(a), FS. (direct-support organization authorized to assist
the University of Florida regarding historic preservation and education for the City of
St. Augustine).
The identity of donors to a university or community college direct-support
organization who wish to remain anonymous is protected by statute which also requires
that such anonymity be maintained in the auditor's report. Sections 1004.28(5) and
1004.70(6), FS. And see s. 1004.71 (6), FS. (state\\~de community college direct-support
organization); s. 1009.983(4), FS. (Florida Prepaid College Board).
In addition, other records of such organizations are made confidential by statute.
All records of university direct-support organizations, other than the auditor's report,
management letter, and any supplemental data requested by the Board of Governors,
the Auditor General, board of trustees, and the Office of Program Policy Analysis and
Government Accountability (OPPAGA) are confidential and exempt from s. 119.07(1),
FS. Section 1004.28(5), F.S. And see s. 1001.24(4), F.S. (tecords of a direct-support
]95
GOVERNMENT- IN -THE -SUNSHIN E- MANUAL
organization of thc Department of Education). However, all records of a district
school board direct-support organization, other than donor-identifying information,
are exprcssly made subjcct to Ch. 119, ES. See s. 1001.453(4), FS.
Records of community college direct-support organizations, other than the
auditor's report, any information neccssary for the auditor's report, any information
related to the expenditure of funds, and any supplemental data re'luestcd by the board
of trustees, the Auditor General, and O]']',\C, \, arc confidcntial and cxempt from s.
119.07(1), FS. Section 1004.70(6), FS. See Palm Beach Community College Foundation,
Inc. v. WFTV, 611 So. 2d 588 (Fla. 4th DC\ 1993) (direct-support organization's expense
records are public records subject to deletion of donor-identifying information). Cf
AGO 05-27 (Sunshine Law applies to community collegc direct-support organization
as defined in s. 1004.70, FS.).
Information received by the direct-support organization of the Florida Prepaid
College Program that is othet\\~se confidential or exempt shall retain such status and
any sensitive, personal information regarding contract beneficiaries, including their
identities, is exempt from disclosure. Section [009.983(4), FS.
2. Education personnel records
In the absence of statutory exemption, personnel records of educators are subject
to public inspection. For example, the judiciary is not authorized to creatc an exemption
for the home addresses and home telephone numbcrs of public school system
personnel. United Teachers of Dade v. School Board of Dade County, No. 92-17803 (01)
(Fla. 11 th Gr. Ct. Nov. 30, 1992). However, there are a number of statutory exemptions
which apply to school personnel records. See Florida Department of fcaucation v. NYT
Management Services, Inc., 895 So. 2d 1151 (Fla. 1 st DC\ 20(5) (federal law does not
authorize newspaper to obtain social security numbers in statc teachcr certification
database).
a. Public school personnel
Complaints against a teacher or administrator and all information obtained by the
Department of Education pursuant to its investigation of the complaint shall be exempt
from s. 119.07(1), FS., until the conclusion of the preliminary investigation, until such
time as the investigation ceases to be active, or until such time as othet\v~se provided
by s. 1012.798(6), FS. Section 1012.796(4), FS. The complaint and material assembled
during the investigation, however, may be inspected and copied by the individual
under investigation or his designee after the investigation is concluded but prior to the
determination of probable cause. Id. Information obtained by the recovery network
program \\~thin the Department of I ':ducation from a treatment provider which relates
to a person's impairmcnt and participation in the program is confidential and exempt
from s. 119.07(1), FS. Section 1012.798(9), FS.
Public school system employee personnel files, like those of other government
employees, are generally open to public inspection, subject to certain exceptions as set
forth in s. 1012.31 (3), complaint are confidential until the preliminary investigation is
either concluded or ceases to be active. Section 1012.31 (3) (a) 1., FS. See AGO 91-75
(exemption docs not providc a basis for \mthholding documents compiled in a general
196
GOVERNMENT -IN- THE-S UNSHINE-MANUAL
investigation of school departments; exemption applies when a complaint against a
district employee has been filed and an investigation of the complaint against that
employee ensues). And see AGO 08-24 (names, home addresses, telephone numbers,
photographs and places of employment of spouses of active or former law enforcement
personnel exempt under s. 119.071(4)(d)1., F.S., and maintained in school district
records, arc exempt from disclosure and may not bc provided to certificd bargaining
represcntative under s. 447.203[8], FS.). Cf Johnson v. De!uz, 875 So. 2d 1 (Fla. 4th
DCA 2(04) (student identifying information must bc redactcd from public report of
invcstigation of school principal).
Employee evaluations prepared pursuant to cited statutes are confidcntial and
exempt from disclosure until the end of the school year immediately following the
school year during which the evaluation was made, provided that no cvaluations made
prior to July 1, 1983, shall be made public. Scction 1012.31(3)(a)2., FS. However,
information obtained from cvaluation forms circulated by the local tcacher's union to
its members that is provided unsolicited to the superintendent is not exempt undcr this
statute. AGO 94-94. And, written comments and performance mcmoranda prepared
by individual school board members regarding an appointcd superintendent arc not
exempt from disclosure. AGO 97 -23.
Employee payroll deduction records and medical records are confidential and
exempt. Section 1012.31(3)(a)4. and 5., FS. See ACO 09-11 (tax information of a
public school system cmployee is a payroll dcduction record and is confidential and
exempt from disclosure pursuant to s. 1012.31). However, the personnel file is open
at all times to school board membcrs, the supcrintendcnt, or the principal, or their
rcspective designees in thc cxercisc of thcir duties, and to law enforcement personnel
in the conduct of a lawful criminal investigation. Section 1012.31(3)(b) and (c), FS.
No material derogatory to a public school employee shall be open to inspection
until 10 days after the employee has been notified as prcscribed by statute. Section
1012.31(3)(a)3., FS. While s. 1012.31(1)(b), FS., prohibits placing anonymous letters
and material in an employee's personnel file, the statute docs not prevent a school
board from investigating the allegations containcd in an anonymous letter nor does it
permit the school board to destroy the anonymous material absent compliancc with
statutory restrictions on destruction of public records. ,\(;087-48.
Criminal history rccord information sharcd \\~th a public school district pursuant
to s. 231.02, F.S., [now s. 1012.32, F.S.I by the Fcderal Burcau of Investigation rctains
its character as a federal record to which only limited acccss is provided by fedcrallaw
and is not subjcct to public inspection. AGO 99-01. However, information developcd
by the school district from further inquiry into references in the fcderal criminal history
record information is a public record which should be includcd in a school district
employee's personnel file. Id.
b. University and community college personnel
Limited-access records maintained by a state university on its employees are
confidential and excmpt from s. 119.07(1), FS., and may be releascd only upon
authorization in writing from the employee or upon court order. Without such
authorization, access to the rccords is limited to university personnel as specified in the
197
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
statute. Section 1012.91, FS.
UntilJuly 1, 1995, state universities were authorized to prescribe the content and
custody of limited-access records maintained on their employees, providcd that such
records were limited to information reflecting evaluations of employee performance.
See Cantanese v. Ceros-Livingston, 599 So. 2d 1021 (Fla. 4th DCA 1992), review denied,
613 So. 2d 2 (Fla. 1992) (copies of minutes and othcr documentation indicating
votes on tenure or promotion applications of univcrsity employees arc exempt); and
Tallahassee Democrat, Inc. v. Florida Board of Regents, 314 So. 2d 164 (I'la. 1 st DCi\
1975) (investigative report about university athletic staff held confidential).
In 1995, however, the law was amended to specify that "limitcd-access records"
are limited to: information reflecting academic evaluations of employcc performance
that are open to inspcction only by the employee and university officials rcsponsible
for supervision of the employee; records relating to an investigation of cmployee
misconduct which records are confidential until the conclusion of the investigation or
the invcstigation ccases to be active as defined in the law; and records maintained for
thc purpose of any disciplinary proceeding against the employee or records maintained
for any grievancc proceeding brought by an employec for enforcemcnt of a collective
bargaining agreement or contract until a final decision is made. For sexual harassment
investigations, portions of the records that identify or reasonably could lead to the
identification of thc complainant or a witness also constitute limited-access records.
Records which comprisc thc common core items containcd in the Statc University
System Student Asscssment of Instruction instrumcnt may not be prcscribed as
limited-access records. Section 1012.91(4), F.S. Thcse provisions apply to records
created after July 1, 1995. Section 1012.91 (5), FS.
Regarding community college personnel, s. 1012.81, FS., states that rules of the
State Board of Education shall prescribe the content and custody of limited-access
records maintained by a community college on its employees. Such rccords "shall be
limited to information rcflecting evaluations of cmployec performance and shall be open
to inspection only by the employee and by officials of the college who are responsible
for supen~sion of the employee." The limited-access records arc confidential and
exempt and may be released only as authorizcd in the statutc.
3. Examination materials
Tcsting materials are generally exempt from the disclosurc provisions of s.
119.07(1), FS. See e.g., s. 1008.345(8)(h), F.S. (tests and related documents developed
to measure and diagnosc student achievement of college-level communication and
mathematics skills); s. 1012.56(8)(c), FS. (statc-developed educator certification
examination, developmental materials and workpapets); s. 1012.56(8)(g), FS.
(examination instruments, including related developmental materials and workpapers,
prepared or administered pursuant to s. 1012.56, FS., relating to educator certification);
and s. 1008.23, FS. (examination and assessment instruments, including developmcntal
matcrials and workpapers directly related to such instruments, which arc prepared
or administered pursuant to cited statutes). Cf Florida Department of Education v.
Cooper, 858 So. 2d 394 (Fla. 1 st DC\ 20(3) (Florida Comprehensive Achievement Test
IFCXIl test instruments, consisting of the test booklet and questions, as distinguishcd
from the test score, are confidential and do not constitute "student records" which
198
GOVERNMENT- IN-THE-SUNSHINE-MANUAL
must be provided to student, parent, or guardian upon request). And see AGO 09-35
concluding that student assessment tests developed by teachers to measure student
preparedness for college board advanced placement exams are confidential and exempt
from the inspection and copying requirements of Ch. 119, ES. Cf s. 1 008.24(3)(b), FS.
(identity of a school or postsecondary educational institution, personally identifiable
information of personnel of a school district or postsecondary educational institution,
or allegations of misconduct obtained or reported in connection ,,~th an investigation
of a testing impropriety conducted by the Department of Education are confidential
and exempt from disclosure until the investigation is concluded or becomes inactive).
4. Student records
Access to student records is limited by statute. During the 2009 legislative session,
the Legislature rev~sed the state statutes relating to student records to incorporate
the federal Family Educational Rights and Privacy Act (FERPA), 20 USe. s. 1232g.
"Education records" arc defined by FERPA to mean "those records, files, documents,
and other materials" (except as othet\\~se provided in 20 USe. s. 1232g[a][4IfB]),
which contain "information directly related to a student" and "are maintained by an
educational agency or institution or by a person acting for such agency or institution."
(e.s.) 20 U.s.e. s. 1232g(a)(4)(A). Andsee 34 CFR. Part 99 for regulations implementing
FERP"\.
For educational records of students in elementary and secondary schools, section
1002.22(2), F.S., guarantees students and their parents the right to have education records
created, maintained or used by public educauonal institutions and agencies protected in
accordance with the FERPA, the implementing rcgulations issued pursuant to this act,
and s. 1002.22, FS. See s. 1002.22(1), ES., defining '~\gency" and "Institution." Section
1002.22, FS., also applies to records of any defunct nonpublic educational institution
that has deposited its student records ,,~th the district school superintendent in the
county where the institution was located. Section 1002.22(5), F.S.
Section 1002.221, ES., prohibits an agency, as defined in s. 1002.22(1)(a), F.S., or
a public school, center, institution, or other entity that is part of jilorida's education
system under s. 1000.04(1), (3), or (4), from releasing a student's education records (as
defined in FERP,\ and implementing regulations) without the student's or parent's
written consent, except as permitted by FERPA, or to the ;\uditor Ceneral or the
Office of Program Policy Analysis and Government Accountability, when necessary
for such agencies to perform their official duties and responsibilities.
All public postsecondary educational lnstitutions are required to comply with
FERPA with respect to the education records (as defined in FERPA and implementing
regulations) of students. Section 1002.225(2), FS. A public postsecondary educational
institution may charge fees for furnishing copies of such records requested under the
statute, provided such fees do not exceed the actual cost incurred by the institution for
producing such copies, but may not Include the costs of searching for or retrieving
the education records. Id. Section 1006.52(1), FS., authorizes a public postsecondary
educational institution to prescribe the content and custody of records the institution
maintains on its students and applicants for admission. A student's education rccords
199
GOVERNMENT- IN- THE-S UNSHINE- MANUAL
(as defined in FERPA and implementing regulations) and applicant records (as defined
in s. 1006.52, FS.) are confidential and exempt. !d. A public postsecondary educational
institution may not release a student's education records ,,~thout the wtitten consent of
the student except as permitted by FERPA or to the /\uditor General or the Office of
Program Policy Analysis and Covernment ,\ccountabilitv, which are necessary for such
agencies to pe~form their official duties and responsibilities. .
In National Collegiate Athletic Association v. !he Associated Press, Case No. 1])09-
4385 (Fla. 1st DC\ filed October 1, 20(9), considered ],'ERPA and 2009 amendments
to the Florida Statutes. Recognizing that under FERPA a record "yualifies as an
educational record only if it 'directly' relates to a student" and relying on several
federal and out-of-state cases, the court agreed \~th the lower court's conclusion
that a transcript of a NCAA hearing and a NCAA committee response pertained to
allegations of misconduct by the university athletic department and only tangentially
related to students. See Ellis v. Cleveland Municipal School District, 309 E Supp. 2d
1019 (N.D. Ohio 2(04) (documents, including student witness statements, relating to
substitute teachers' alleged corporal punishment of students did not directly relate to
students and were not "education records"); Briggs v. Board of Trustees of Columbus
State Community College, No. 2:08-CV-644, 2009 WL 2047899 (S.D. Ohio July 8, 2(09)
(records of student complaints against professor directly relate to professor rather than
students and are not "education records"); Wallace v. Cranbrook Education Community,
No. 05-73446,2006 WL 2796135 (E.n Mich. September 27,20(6) (student statements,
including students' identities, provided in relation to school employee misconduct
investigation did not directly relate to students and were not "education records"
protected under FERPA); Baker v. Mitchel!- Waters, 826 N.E.2d 894, 899 (Ohio Ct. ;\pp.
2(05) (student complaints concerning allegations of abuse by teachers "do not contain
information directly relating to students" but instead "directly relate to activities and
behaviors of teachers" and are not therefore subject to FERPi\).
Moreover, the NCAA court held that the transcript and the response would not
be protected in any event as student identifying information in those records had been
redacted, recognizing that federal and several out-of-state courts have concluded
FERPA does not prohibit the release of records so long as the student identifying
information is redacted. See United States v. Miami University, 294 F3d 797, 824 (6th
Cir. 2(02) (nothing in FERPA prevents university from releasing student disciplinary
records with personally identifiable information properly redacted); Ragusa v. Malvern
Union Free School District, 549 F Supp. 2d 288 (ED. N.Y 2008); Osborn v. Board of
Regents of University of Wisconsin System, 647 N. W2d 158, 168n.11 (Wis. 2002) ("once
personally identifiable information is deleted, by definition, a record is no longer an
education record since it is no longer directly related to a student"); Unincorporated
Operating Division of Indiana Newspapers, Inc., v. Trustees of Indiana University, 787 N.E.
2d 893 (Ind. ,\pp. 20(3); Board of7rustees, Cut Bank Public Schools v. Cut Bank Pioneer
Press, 160 P.3d 482 (l'vlont. 20(7) (FERPr\ docs not prohibit disclosure of records that
do not reveal personally identifying information). Since the requested records had
been redacted to remove student identifying information, the NCAA court held that
the documents did not disclose education rccords as defined in FER!,:\ and therefore
did not fall within the exemption created by s. 1006.52(1), FS.
Cf Inf. Op. to Stabins,June 12, 1997 (teacher grade books are not student "records"
200
GOVERNMENT-IN -THE -SUNSHINE- MANUAL
or "reports" for purposes of statutory provisions establishing that a student or parent
had a right to be shown any "record or report relating to such student"; see now s.
I002.22(2)(a), ES., stating that students and their parents have the right to inspect and
review the student's education records).
Section 119.071 (5) (c), FS., exempts information that would identify or locate a
child, or the parent or guardian of a child, participating 1t1 a government-sponsored
recreation program from s. 119.07, FS., and Art. I, s. 24(a), Fla. Const.
In AGO 01-64 the Attorney General, in interpreting the former statutes stated
that a felony complaint/ arrest affidavit created and maintained by school police officers
for a juvenile or adult who is a student in the public schools is a law enforcement
record subject to disclosure, provided that exempt information such as active criminal
investigative information is deleted prior to release. See now 20 USe:. 1232g(a)(4)(B)
(ii) excluding "records maintained by a law enforcement unit of the educational agency
or institution that were created by that law enforcement unit for the purpose of law
enforcement" from the definition of "education records."
5. Charter schools
Section 1002.33(16)(b), FS., prm;des that charter schools are subject to the Public
Records Act and the Sunshine Law: The open government laws apply regardless of
whether the charter school operates as a public or private entity. l\GO 98-48. The
records and meetings of a not-for-profit corporation granted charter school status
are subject to the requirements of Ch. 119, FS., and s. 286.011, FS., even though the
charter school has not yet opened its doors to students. l\GO 01-23.
6. School readiness programs
Early learning coalitions (formerly known as school readiness coalitions) created
pursuant to s. 411.01(5), FS., are subject to the Public Records Act and the Sunshine
Law. j\GO 01-86. Individual records of children enrolled in school readiness programs
provided under s. 411.01, held by an early learning coalition or the Agency for Workforce
Innovation are confidential. Section 411.011, FS. And see s. 1()02.72, I<:s. (records of
children enrolled in the Voluntary Prekindergarten Education Program).
J. WHAT ARE THE STATUTORY EXEMPTIONS RELATING TO
ABUSE RECORDS?
There are confidentiality statutes which apply to records of abuse of children
or vulnerable adults which are received by the Department of Children and Family
Serv;ces. A discussion of exemptions relating to abuse records follows; for a more
complete listing of exemption summaries, please refer to /\ppendix D and the Index.
1. Records of abuse of children and vulnerable adults
a. Confidentiality of abuse records
Generally, reports of abused children or vulnerable adults which are received by the
Department of Children and Family Services (DCf<") are confidential and exempt from
201
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
disclosure, except as expressly provided by statutc. See ss. 39.202(1) and 415.107 (1), FS.
(abuse reports confidential).
Thus, a union representative may not attend that portion of an investigatory
interview between the DCF inspector general and an employee requiring the discussion
of information taken from a child abuse investigation that is confidential under s.
39.202, FS. ACO 99-42. And see s. 383.412(1 )(a), FS., providing that information that
reveals thc idcntity of the surviving siblings, family members, or others living in the
home of a deceased child who is the subject of review by, and which mformation is
held by, the State Child Abuse Death Review Committec, or a local committee or panel
is confidcntial and exempt from disclosure requirements.
All records and reports of the child protection team of the Department of Health
are confidential and exempt, and shall not be disclosed, except, upon request, to the
statc attorney, law enforcement, DCl'; and necessary professionals in furtherancc of
thc treatmcnt or additional evaluative needs of the child, by court order, or to health
plan payors, limited to that information uscd for insurance reimbursement purposes.
Section 39.202(6), I\S. Cf Records of the Children's Advocacy Center of Southwest Florida
Relating to Michele Fontanez, No. 06-DR-001850 (Fla. 20th Cir. Ct. June 16, 2(06)
(newspaper granted access to records of child protection team relating to child in care
of DCF who died from injuries sustained from a sexual battery allegedly committed by
her stepfather because "la]ccess to the records 'W~ll allow the public to fully evaluate the
circumstances of [the child's] death").
Information related to the best interests of a child, as determined by a guardian ad
litem (CAL), which is held by a Ci\L, including medical, mental health, substance abuse,
child care, education, law enforcement, court, social services, and financial records;
and any other information maintained by a CAL which is identified as confidential
information undcr Ch. 39, FS., is confidential and exempt and may not be disclosed
except as providcd in the exemption. Section 39.0132(4)(a)2., FS. And see s. 744.7081,
FS., providing for confidentiality of records held by the Statewidc Public Cuardianship
Office relating to the medical, financial, or mental health of vulncrable adults, persons
with a developmental disability, or persons 'W~th a mental illness; s. 744.1076, 1'~S.
(except as prO\~ded in the excmption, reports of a court monitor which relate to the
medical condition, financial affairs, or mental health of a ward arc confidential); and s.
744.708(2), F.S. (no disclosure of the personal or medical rccords of a ward of a public
guardian shall be made, except as authorized by law).
b. Release of abuse records
Section 39.2021(1), FS., authorizes any person or organization, including DCF, to
petition the court to make public DCF records relating to its investigation into alleged
abuse, ncglect, eXploitation or abandonment of a child. The court shall determine if
good cause exists for public access to the records and, in making this detcrmination, is
requircd to balance the best interest of the child who is the focus of the investigation
and the intcrests of the child's siblings, together with the privacy rights of other persons
identified in the rcports against the public interest. Id
This statute establishcs a "balancing process" which "requires the trial court to
weigh the harm to the child against the bcnefit to the public that would potentially
202
GOVERNMENT- IN-THE -SUNSHINE - MANUAL
result from the disclosure of the records at issue." In re Records of the Department of
Children and Family Services, 873 So. 2d 506, 513 (Fla. 2d DCA 2004). In order to
perform this function, the trial court must conduct an in camera review because "[i]t
is impossible to judge the potential impact of the disclosure of information contained
in records without knowing what that information is." !d. at 514. But See Department
of Health and Rehabilitative Services v. Gainesville Sun Publishing Company, 582 So. 2d
725 (Fla. 1 st DCA 1991), holding that the trial court was not required to hold a hearing
before finding good cause to release the department's records relating to a child abuse
investigation, where shortly after the department's investigation, the individual who
had been investigated killed the victim, the victim's family, and himsel f.
In cases involving serious bodily injury to a child, DCF may petition the court for
immediate public release of records pertaining to the protective investigation. Section
39.2021 (2), FS. The court has 24 hours to determine if good cause exists for public
release of the records. If no action is taken by the court in that time, DCF may,
subject to specified exceptions, release summary information including a confirmation
that an investigation has been conducted concerning the victim, the dates and a brief
description of procedural activities undertaken in the lnvestigation, and information
concerning Judicial proceedings. Id.
Similar procedures are established in Ch. 415, FS., for access to DCE records
relating to investigations of alleged abuse, neglect, or exploitation of a vulnerable adult.
See s. 415.1071, FS.
The petitioner seeking public access to the records must formally serve DCF with
the petition. Florida Department of Children and Families v. Sun-Sentinel, 865 So. 2d
1278 (Ha. 20(4). A "very narrow" exception to the home venue privilege applies when
a petition is filed seeking to make DCF records public. See Sun-Sentinel, supra at 1289,
adopting the exception in cases "where a party petitions the court for an order to gain
access to public records, and where the records sought are by law confidential and
cannot be made public without a determination by the court, pursuant to the petition,
that good cause exists for public access."
Section 39.202(2)(0), FS., provides that access to child abuse records shall be granted
to any person in the event of the child's death due to abuse, abandonment, or neglect.
However, any information identifying the person reporting abuse, abandonment, or
neglect, or any information that is otherwise made confidential or exempt by law shall
not be released. Jd Section 415.107(31O), FS., provides for similar release of records in
the event of the death of a vulnerable adult. And see s. 39.202(4), FS., authorizing DCE
and the investigating law enforcement agency to release certain identifying information
to the public in order to help locate or protect a missing child under investigation or
supervision of the department or its contracted service providers.
c. Licensure and quality assurance records
Records relating to licensure of foster homes, or assessing how the Department
of Children and Family Services is carrying out its duties, including references to
incidents of abuse, abandonment, or neglect, contained in such records, do not fall
,,~thin the parameters of s. 39.202, FS. ;\C;O 01-54. Such reports are in the nature
of quality assurance reports that do not substitute for the protective investigation
203
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
of child abuse, abandonment, or neglect; to the extent that such incident reports
reference an occurrence of abuse, abandonmcnt, or neglect, identifying information
that reveals the identity of the victim contained in the reference should be redacted.
!d. Cf s. 409.175(16), 'FS., providing an exemption for certain personal information
about licensed foster parcnts, foster parent applicants, and their families. And see Boyles
v. Mid-Florida Television Corp., 431 So. 2d 627, 617 (Fla. 5th DCA 1983), approved, 467
So. 2d 282 (Fla. 1985) (summary report compiled during a licensing investigation of a
residential facility for developmentally disablcd pcrsons, subject to disclosure pursuant
to statute [now found at s. 393.067(9), FS.I providing for public access to inspection
rcports of such facilities).
2. Domestic violence
Information about clients received by the Dcpartment of Children and Family
Services or by authorized persons employed by or volunteering services to a domestic
violencc centcr, through files, reports, inspection or otherwise, is confidential and
exempt from disclosure except as provided by statute. Section 39.908, FS. Information
about the location of domestic violence centers and facilities is also confidcntial. !d.
1\ petitioner seeking an injunction for protection against domestic violence may
furnish the petitioner's address to the court in a separatc confidential filing for safety
reasons. Section 741.30(3)(b), FS. See also s. l19.071(2)(j)1., FS. (domestic violence
victim may file written request, accompanied by official verification that a crime has
occurred, to have his or hcr home or employment address, home or employment
telephone number, or personal assets exempt from disclosure); and s. 787.03(6)(c), FS.
(current address and telephone number of the person taking thc minor or incompetent
person when fleeing from domcstic violence and the current address and telephone
number of the minor or incompetent person which are contained in the report made
to a sheriff or state attorney under s. 787.0316111,1. FS., are confidential and exempt
from disclosure).
Personal identiEj~ng information contained in records documenting an act of
domestic violence that is submitted to an agency by an agency employee seeking to take
leave under the rcquirements of s. 741.313, FS., is confidential and exempt. Section
741.313(7), FS. j\ written request for leave submitted by an agency employec and any
agency time sheet reflecting such request are confidential and exempt until 1 year after
the leave has been taken. Id.
The addresses, telephonc numbers, and social security numbers of participants
in the :\ddrcss Confidcntiality Program for Victims of Domcstic Violence (program)
are exempt from disclosure, exccpt as provided in the exemption. Section 741.465(1),
F.S. A similar exemption is provided for the names, addresses, and telephone numbers
of program participants contained in voter rq,ristration and voting rccords. Section
741.465(2), FS.
Any information in a record created by a domestic violence fatality review team
that rcveals the identity of a domcstic violence victim or thc identity of the victim's
children is confidential and exempt from disclosure. Section 741.3165, FS.
For information regarding the status of abuse records compiled by law enforcement
204
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
agencies in the course of a criminal investigation, please refer to the discussion in s.
Fl8.e., supra, telating to victim information contained in crime reports.
K. TO WHAT EXTENT DOES FEDERAL LAW PREEMPT STATE LAW
REGARDING PUBLIC INSPECTION OF RECORDS?
1. Under what circumstances will a federal statute operate to make agency
records confidential?
The general rule is that records which would otherwise be public under state law
are unavailable for public inspection only when there is an absolute conflict between
federal and state law relating to confidentiality of records. If a federal statute requires
particular records to be closed and the state is clearly subject to the provisions of such
statute, then pursuant to the Supremacy Clause of the United States Constitution, Art.
VI, U.S. Const., the state must keep the records confidential. State ex reI. Cum mer v.
Pace, 159 So. 679 (Fla. 1935); ,'\GOs 90-102, 85-03, 81-101, 80-31, 74-372, and 73-278.
See also Wallace v. Guzman, 687 So. 2d 1351, 1353 (Fla. 3d DCA 1997) (exemptions
from diselosure set forth in federal Freedom of Information Act apply to federal
agcncies but not to state agencies). Compare Horida Department of Education v. NYT
Management Services, Inc., 895 So. 2d 1151 (Fla. 1 st DCA 20(5) (fcderallaw prohibits
public disclosure of social security numbers in state teacher certification database).
Thus, tenant records of a public housing authority are not exempt, by reason
of the Fedcral Privacy Act, from disclosure otherwise required by the Florida Public
Records Act. Housing Authority of the City of Daytona Beach v. Gomillion, 639 So. 2d 117
(Fla. 5th DCA 1994). The housing authority argued that it was an agency of the federal
government, and thus subject to the liederal Privacy :\ct, because of controls and
regulations established by the US. Department of Housing and Urban Development.
In rejecting this argument, the court concludcd that although the authority received
federal funds and was subject to some oversight, the federal government was not
involved in the day-to-day operations of thc authority and the records produced and
submitted to the fedcral government were simply "monitoring devices." See now; s.
119.071 (5)(f ), FS., providing confidentiality for medical history records and certain
insurance information provided by applicants for or participants in government
housing assistance programs. Cf Florida Department of Children and Family Services
v. florida Statewide Advocacy Council, 884 So. 2d 1162, 1164 (Fla. 2d DCA 20(4)
(rejecting state agency's contention that federal regulations adopted pursuant to the
Health Insurance Portability and ;\ccountabiJity Act of 1996 [HIPi\Aj prohibitcd a trial
judge from issuing an "access warrant" requiring the agency to provide client records
to the advocacy council; the appellate court found that the federal regulations expressly
authorized such disclosures if made to another agency pursuant to court order).
Similarly, since federal law did not clearly require that documents received by a
state agency in the course of settlement negotiations to resolve a federal lawsuit bc
kept confidential, such documents were found to be open to inspection under Ch. 119,
FS. Florida Sugar Cane League, Inc. v. Florida Department of Environmental Regulation,
No. 91-2108 (Fla. 2d Cir. Ct. Septembet 20, 1991),percuriam affirmed, 606 So. 2d 1267
(Fla. 1 st DC:\ 1992). Accord Lakeland Ledger Publishing Corporation v. School Board of
Polk County, No. C;e-C;-91-3803 (Fla. 10th Cir. Ct. November 21,1991) (map prepared
by U.S. Justice Department concerning desegregation of Lakeland schools and given
205
GOVERNMENT -IN- THE-SUNSHINE- MANUAL
to school district employees was a public record and open to inspection). Cf State v.
Buenoano, 707 So. 2d 714 (Fla. 1998) (materials furnished to state attorney bv federal
government were not subject to public inspection even though erroncously fur~ished to
defendant in criminal case because Florida law provides an exemption from disclosure
for criminal investigative information received from a non-Florida criminal justice
agency on a confidential or restricted basis); Morris v. Whitehead, 588 So. 2d 1023,
1024 (Fla 2d DC\ 1991) (upholding nondisclosure of confidential rccords received
by housing authority from the federal govcrnmcnt pursuant to agreement authorized
by state housing law); and City of Miami v. Metropolitan Dade County, 745 F Supp. 683
(S.D. Fla. 1990) (while the actions of the State of Florida in releasing documents are
subject to the mandates of Ch. 119, FS., the actions of the federal governmcnt in a
criminal prosecution undertaken by the Office of the Unitcd States Attorney arc not).
2. To what extent is copyrighted material in possession of an agency subject to
public inspection and copying?
a. Copyrights held by agencies
In the absence of statutory authorization, a public official is not empowered to
obtain a copyright for material produced by his or her office in connection with the
transaction of official business. Microdecisions, Inc. v. Skinner, 889 So. 2d 871 (Fla. 2d
DCA 2004), review denied, 902 So. 2d 791 (Fla. 2(05), cert. denied, 126 S.Ct. 746 (2005)
(property appraiser not authorized to assert copyright protection for the Geographic
Information System maps created by his office). Accord i\GOS 03-42, 88-23, and 86-
94. Cf AGO 00-13 (in the abscnce of express statutory authority, state agency not
authorized to secure a trademark).
Section 119.084(2), FS., however, specifically authorizes agencies to hold a
copyright for data processing software created by the agency. The agency may sell the
copyrighted software to public or private entities or may establish a license fce for its
use. See also s. 24.105(10), FS., authorizing the Department of the Lottery to hold
patents, copyrights, trademarks and service marks; and see ss. 286.021 and 286.031, FS.,
prescribing duties of the Department of State with respect to authorizcd copyrights
obtained by state agencies.
b. Copyrighted material obtained by agencies
The federal copyright law vests in the owner of a copyright, subject to certain
limitations, the exclusive right to do or to authorize, among other things, the reproduction
of the copyrighted work and the distribution of the copyrighted work to the public by
sale or other transfer of ownership. See AGO 97-84, citing to pertinent federal law
and interpretive cases. However, the Attorney General's Office has concluded that the
fact that material received by a state agency may be copyrighted does not preclude the
material from constituting a public record. For example, AGO 90-102 advised that
copyrighted data processing software which was not specifically designed or created for
the county but was being used by the county in its official capacity for official county
business fell \V~thin the definition of "public record."
Moreover, in State, Department of Health and Rehabilitative Services v. Southpointe
Pharmacy, 636 So. 2d 1377, 1382-1383 (Fla. 1 st DC\ 1994), the court rejected a state
206
GOVERNMENT- IN -THE-SUNSHINE - MANUAL
agency's argument that a transcript of a hearing that had been copyrighted by the court
reporter and filed with the agency should not be copied without the copyright holder's
permission. The court stated that the agency was under a statutory obligation to
preserve all testimony in the proceeding and make a transcript available in accordance
with the fees set forth in Ch. 119, FS. And see AGO 75-304 (agency may not enter into
agreement with court reporter to refer all requests for copies of agency proceedings to
court reporter who originally transcribed proceedings; agency must provide copies of
transcripts in accordance with charges set forth in Public Records Act). Cf AC() 95-
37 (fee prcscribed in s. 119.07, FS., applies to thc duplication of copyrighted materials
contained in a county law library when such reproduction is permissible under the
federal copyright law).
The fedcral copyright law, when read together with the Florida Public Records I\ct,
authorizes and requires the custodian of records of the Department of State to make
maintenance manuals supplied to that agency pursuant to law, available for examination
and inspection purposes. ,\GO 03-26. "With regard to reproducing, copying, and
distributing copies of these maintenance manuals which are protected under the federal
copy tight law, state law must yield to the federal law on the subject." ld The custodian
should advise individuals seeking to copy such records of the limitations of the federal
copyright law and the consequences of violating its provisions; such notice may take
the form of a posted notice that the making of a copy may be subject to the copyright
law. ACOs 03-26 and 97-84. However, it is advisable for the custodian to refrain from
copying such records himself or herself. ACO 03-26. But see State v. Allen, 14 EL.W
Supp. 172a (Fla. 7th Cir. Ct. November 2, 20(6) (defendant entitled to inspect and copy
copyrighted opcrating manual for the radar unit and speedometer used by the police
under Art. I, s. 24, Fla. Const., and/or due process; if police department declined to
make copies, defendant or his representative must be allowed reasonable access to the
documcnts and a copy machine to make copies). However, as noted by the court in
State, Department of Health and Rehabilitative Services v. Southpointe Pharmacy, supra,
once a transcript of an administrative hcaring conductcd by or on bchalf of an agency
has been filed with the agency, the transcript becomes a public record, without regard
to who ordered the transcription or bore its expense. The agency which is under a
statutory obligation to preserve all testimony (see now s. 120.57[1][g], ES.] can charge
neither the partics nor the public more than the charges authorized by Ch. 119, FS.,
regardless of thc fact that the court reporter may havc copyrighted the transcript.
L. WHAT FEES MAY LAWFULLY BE IMPOSED FOR INSPECTING AND
COPYING PUBLIC RECORDS?
I. When may an agency charge a fee for the mere inspection of public records?
As noted in AGO 85-03, providing access to public records is a statutory duty
imposcd by the Legislature upon all rccord custodians and should not be considered
a profit-making or revenue-generating operation. Thus, public information must be
open for inspection without charge unless otherwise expressly provided by law. See
State ex rei. Davis v. McMillan, 38 So. 666 (Fla. 1905). j\ccordingly, an agency is not
authorized to impose a fee upon persons who wish to listen to tape recordings of
city commission meetings. AGO 75-50 (agency may not precondition the inspection
of a public documcnt on the paymcnt of a fee; the fact that the record sought to be
207
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
inspected is a tape recording as opposed to a written document is of no import insofar
as the imposition of a fee for inspection is concerned). And see AGOs 84-03 and 76-34
(only those fees or charges which are authorized by statute may be imposed upon an
individual seeking access to public records).
Section 119.07(4)(d), FS., authorizes the imposition of a special service charge
when the nature or volume of public records to be inspected is such as to require
extensive use of information technology resources, or extensive clerical or supervisory
assistance, or both. The charge must be reasonable and based on the labor or computer
costs actually incurred by the agency. Thus, an agency may adopt a policy imposing a
reasonable special service charge based on the actual labor cost (base hourly salary) for
clerical personnel who arc required, due to the nature or volume of a public records
request, to safeguard such records from loss or destruction during their inspection.
AGO 00-11. In doing so, however, the county's policy should reflect no more than the
actual cost of the personnel's time and be sensitive to accommodating the request in
such a way as to ensure unfettered access while safeguarding the records. Id.
2. Is an agency required to provide copies of public records if asked, or may the
agency allow inspection only?
"It is the policy of this state that all state, county, and municipal records are open
for personal inspection and copying by any person." (e.s.) Section 119.01(1), 1'~S. In
addition, s. 119.07(1)(a), lOS., provides that "leJvery person who has custody of a public
record shall permit the record to be inspected and copied by any person desiring to
do so . . . ." Finally, s. 119.07(4), ES., requires the custodian to "furnish a copy or a
certified copy of the record upon payment of the fee prescribed by law. . . ." And see
Fuller v. State ex reI. O'Donnell, 17 So. 2d 607 (1'la. 1944) ("The best-reasoned authority
in this country holds that the right to inspect public records carries with it the right
to make copies."); Winter v. Playa del Sol, Inc., 353 So. 2d 598, 599 (l"la. 4th DCA
1977) (right to inspect public records would in many cases be valueless 'W~thout the
right to make copies); Schwartzman v. Merritt Island Volunteer Fire Department, 352
So. 2d 1230, 1232n.2 (Fla. 4th DCA 1977) (Public Records Act requires custodian to
furnish copies). Cf Wootton v. Cook, 590 So. 2d 1039, 1040 (Fla. 1st DCA 1991) (if the
requestor identifies a record with sufficient specificity to permit the agency to identify
it and forwards the appropriate fee, the agency must furnish by mail a copy of the
record) .
In order to comply with the statutory directive that an agency pro\~de copies of
public records upon payment of the statutory fee, an agency must respond to requests
for information as to copying costs. Wootton v. Cook, supra. See also Woodard v. State, 885
So. 2d 444 (Fla. 4th DC\ 20(4), remanding a case for further proceedings where the
custodian forwarded only information relating to the statutory fee schedule rather than
the total cost to copy the requested records. Cf Mathis v. State, 722 So. 2d 235 (Fla. 2d DC\
1998) (petitioner seeking writ of mandamus to compel court reporter to inform him of the
cost to obtain a transcript of trial court proceedings was entitled to a show cause order as
he showed a prima facie basis for relief under Rule 2.420le], Fla. R. Jud. Admin.).
3. Does Ch. 119, ES., exempt certain individuals (such as indigent persons or
inmates) from paying statutory fees to obtain copies of public records?
208
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
Chapter 119, FS., docs not contain a provision that prohibits agencies from
charging indigent pcrsons or inmates the applicable statutory fee to obtain copies of
public rccords. See Roesch v. State, 633 So. 2d 1, 3 (Fla. 1993) (indigent inmate not
entitled to receive copies of public records free of charge nor to have original state
attorney files mailed to him in prison; prisoners arc "in the samc position as anyone
else seeking public records who cannot pay" the required costs); Potts v. State, 869 So.
2d 1223 (Fla. 2d DCA 20(4) (no merit to inmatc's contention that Ch. 119, FS., entitles
him to free copies of all rccords generated in his case); Alexis v. State, 732 So. 2d 46
(Fla. 3d DCA 1999) (indigent defendant not entitled to public records free of charge);
and Yanke v. State, 588 So. 2d 4 (Fla. 2d DCA 1991), review denied, 595 So. 2d 559
(Fla. 1992), cert. denied, 112 S.C!. 1592 (1992) (prisoner must pay copying and postage
charges to have copies of public rccords mailed to him).
Similarly, a labor union must pay the costs stipulated in Ch. 119, li.S., for copies of
documents it has requestcd from a public employer for collective bargaining purposes
because "laJlabor union seeking information from the employer with whom it is locked
in collective bargaining negotiations is not exempt from the Florida Public Records
Act." City of Miami Beach v. Pub/ic Employees Relations Commission, 937 So. 2d 226
(Fla. 3d DCA 2006). And see State, Department of Health and Rehabilitative Services v.
Southpointe Pharmacy, 636 So. 2d 1377, 1382n.7 (Fla. 1st DC\ 1994) (indigent person
"is not relieved by his indigency" from paying statutory costs to obtain public records).
Compare AGO 90-81, noting that an agency is not precluded from choosing to provide
informational copies of public records without charge.
4. Are members of an advisory council entided to copies of public records free of
charge?
A school district is under no statutory obligation to provide copies of public
rccords free of charge to individual members of a school advisory council, but a school
district may formulate a policy for the distribution of such records. AGO 99-46. If it
is found that the advisory council needs certain school records in order to carry out its
statutory functions, such records should be provided to the council in the same manner
that records related to agenda items are provided to school board members. Id. Cf InE.
Up. to Martin, November 21, 2006 (school board policy requiring that a request for
information by an individual board member re<.Juiring more than sixty minutes of staff
time to prepare must be presented to the school board for approval would be invalid
if the school board member is asking undcr public records law; however, the school
board member would be subjcct to any charges allowed by Chapter 119, FS.).
5. What are the statutory fees to obtain copies of public records?
If no fee is prescribed elsewhere in the statutes, s. 119.07(4)(a)1., FS., authorizcs
the custodian to charge a fee of up to 15 cents pcr one-sided copy for copies that are
14 inches by 8V2 inches or less. An agency may charge no more than an additional
5 cents for each two-sided duplicatcd copy. Section 119.07(4)(a)2., FS. And see s.
119.011 (7), FS., defining the term "duplicated copies" to mean "new copies produced
by duplicating, as dcfined in s. 283.30", FS. "Duplicating" means "the process of
reproducing an image or images from an original to a final substrate through the
electrophotographic, xerographic, laser, or offset process or any combination of these
processes, by which an operator can make more than one copy \V~thout rehandling the
209
GOVERNMENT -IN-THE-SUNSHINE- MANUAL
original." Section 283.30(3), FS.
.c\ charge of up to $1.00 per copy may be assessed for a certified copy of a public
record. Section 119.07(4)(c), FS.
For other copies, the charge is limited to the actual cost of duplication of the
record. Section 119.07(4)(a)3., FS. The phrase "actual cost of duplication" is defined
to mean "the cost of the material and supplies used to duplicate the public record, but
does not include the labor cost and overhead cost associated with such duplication."
Section 119.011(1),FS. An exception, however, exists for copies of county maps or
aerial photographs supplied by county constitutional officers which may include a
reasonable charge for the labor and overhead associated \~th their duplication. Section
119.07(4)(b), FS. And see the discussion on the special service charge.
6. Mayan agency charge for travel costs, search fees, development costs
and other incidental costs?
An agency should not consider the furnishing of public records to be a "revenue-
generating operation." AGO 85-03. See also AGO 89-93 (city not authorized to
sell copies of its growth management book for $35.00 each when the actual cost
to reproduce the book is $15.10 per copy; city is limited to charging only the costs
authorized by Ch. 119, FS.).
The Public Records :\ct does not authorize the addition of overhead costs such
as utilities or other office expenses to the charge for public records. ,\GO 99-41.
Similarly, an agency may not charge for travel time and retrieval costs for public records
stored off-premises. AGO 90-07. Nor may an agency assess fees designed to recoup
the original cost of developing or producing the records. ,\(;0 88-23 (state attorney
not authorized to impose a charge to recover part of costs incurred in production
of a training program; the fee to obtain a copy of the videotape of such program
is limited to the actual cost of duplication of the tape). And see State, Department of
Health and Rehabilitative Services v. Southpointe Pharmacy, 636 So. 2d 1377, 1382 (Fla.
1 st DC\ 1994) (once a transcript of an administrative hearing is filed with the agency,
the transcript becomes a public record regardless of who ordered the transcript or paid
for the transcription; the agency can charge ncither the parties nor the public a fee that
exceeds the chargcs authorized in the Public Records ,\ct). Cf s. 119.07(4)(b), FS.,
providing that the charge for copies of county maps or aenal photographs supplied by
county constitutional officers may also include a reasonable charge for the labor and
overhead associated with their duplication.
Therefore, unless a specific request for copies tequires extensive clerical or
supervisory assistance or extensive use of information technology resources so as to
trigger the special service charge authorized by s. 119.07(4)(d), FS., an agency may
charge only the actual cost of duplication for copies of computerized public records.
AGO 99-41. The imposition of the service charge, however, IS dependent upon the
nature or volume of records requested, not on the cost to either develop or maintain
the records or the database system. Id.
7. Mayan agency require that production and copying of public records
be accomplished only through a private company that acts as a
210
_~o._~.___.""<_'_'______
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
clearinghouse for the agency's public records?
No. Although an agency may, for its convenience, contract with private companies
to provide information also obtainable through the agency, it may not abdicate its duty
to produce such records for inspecrion and copying by requiring those seeking public
records to do so only through its designee and then paying whatever fee that company
may establish for its services. AGO 02-37. The agency is the custodian of its public
records and, upon request, must produce such records for inspection and copy such
records at the statutorily prescribed fee. Id. And see AC() 05-34 (while the property
appraiser may provide public records, excluding exempt or confidcntial information,
to a private company, the property appralscr may receive only those fees that are
authorized by statute and thus may not, in ti,e absence of statutory authority, enter into
an agreement with the private company where the propcrty appraiser provides such
records in exchange for either in-kind services or a share of the profits or proceeds
from the sale of the information by the private company).
8. Should an agency charge sales tax when providing copies of public records?
No. In ;\GO 86-83, the Attorney General's Office advised that the sales tax
imposed pursuant to s. 212.05, FS., is not applicable to the fee charged for providing
copies of records under s. 119.07, FS. See s. 5(a) of Department of Revenue Rule 12;\-
1.041, FA.C., stating that "[t]he fee prescribed by law, or the actual cost of duplication,
for providing copies of public records. under Chapter 119, FS., is exempt from
sales tax."
9. Does s. 119.07(4), F.S., prescribe the fee that an agency may charge for
furnishing a copy of a record to a person who is authorized to access an
otherwise confidential record?
Unless another fee to obtain a particular record is prescribed by law, an agency may
not charge fees that exceed those in Ch. 119, FS, when providing copies of confidential
records to persons who are authorized to obtain them. For example, in I\GO 03-
57, the Attorncy General's Office advised that persons who are authorizcd by statute
to obtain otherwise confidential autopsy photographs should be provided copies in
accordance with the provisions of the Public Records Act, i.e., s. 119.07(4), F.S. The
medical examiner is not authorized to charge a fee that exceeds those charges. Id.
10. What are the charges if the requestor makes his or her own copies (i.e., provides
his or her own copying machine and makes the copies himself or herself)?
Section 119.07(3)(a), FS., provides a "right of access to public rccords for the
purpose of making photographs of the record while such rccord is in the possession,
custody, and control of the custodian of public rccords." This subsection "applies
to the making of photographs in the conventional sense by usc of a camera device
to capture images of public records but excludcs the duplication of microfilm in the
possession of the clerk of the circuit court" if the clerk can provide a copy of the
microfilm. Section 119.07(3)(b), F.S.
The copying is to be done in thc room where the public records are kept. Section
119.07(3) (d), FS. However, if in the custodian's judgment, this is impossible or
211
GOVERNMENT- IN- THE-SUNSH1N E-MANUAL
impracticable, the copying shall be done in another room or place, as close as possible
to the room where the public records are kept. Id. Where pro\~sion of another room
or place is necessary, the expense of providing thc samc shall be paid by the person
who wants to copy the records. Id. The custodian may charge the person making the
copies for supervision set\~ces. Section 119.07(4)(e)2., FS. In such cases the custodian
may not charge the copy charges authorized in s. 119.07(4)(a), FS., but may charge only
the supervision service charge authorized in s. 119.07(4)(e)2., FS. See ACO 82-23.
11. When may an agency charge a special service charge for extensive use
of clerical or supervisory labor or extensive information technology
resources?
Section 119.07(4)(d), FS. [formerly s. 119.07(1)(b), FS.J, states that if the nature
or volume of public records to be inspected or copied requires the extensive use of
information technology resources or cxtensivc clerical or supervisory assistance, or
both, the agency may charge a reasonable service charge based on the cost actually
incurrcd by the agency for such extensive use of information technology resources
or personnel. See AGO 9()~07, stating that a municipal police department may not
ordinarily charge for travel time and retrieval costs for public records stored off-
premises; however, if the nature or volume of the records requested, rather than the
location of the records, is such as to require extcnsive clerical or supervisory assistance
or extensive use of information technology resourccs, a rcasonablc scrvice charge may
be imposed); and :\GO 92-38 (town may not restrict acccss to and copying of public
records based upon the amount requested or the span of time which is covcred by
the public records; however, if extensive use of information technology resources or
clerical or supervisory personnel is needed for rctrieval of such records, the town may
impose a reasonable service charge, based upon the actual costs incurred for the use of
such resources). Cf Cone & Graham, Inc. v. State, No. 97-4047 (Fla. 2d Cir. Ct. October
7, 1997) (an agency's decision to "archivc" older e-mail messages on tapes so that
they could not be retrieved or printed \\~thout a systems programmer was analogous
to an agency's decision to store rccords off-prcmises in that the agency rather than
the requestor must bear the costs for retrieving thc records and reviewing them for
exemptions).
Unless the nature or volume of public records to be inspected or copied requires
"extensive" use of information technology resources or "extensive" clerical or
supervisory assistance, the special service charge is not authorized. If authorized due
to the nature or volume of a request, the rcasonable service charge should not be
routinely imposed, but should reflect the information technology resources or labor
costs actually incurred by thc agency. AGO 90~07. And see :\GOs 92-38, 86-69 and
84-81.
a. What is the meaning of the term "extensive" as used in the statute?
Section 119.07(4)(d), FS., does not contain a definition of the term "extensive." In
1991, a divided First District Court of Appeal upheld a hcaring officer's order rejecting
an inmate challcnge to a Department of Corrections rule that defined "extensive"
for purposes of the special service charge. Florida Institutional Legal Services, Inc. v.
Florida Department of Corrections, 579 So. 2d 267 (Fla. 1st DCA 1991), review denied,
592 So. 2d 680 (Fla. 1991). The agency rule defined "extcnsive" to mean that it would
212
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
take more than 15 minutes to locate, review for confidential information, copy and
refile the requested material. The court agreed with the hearing officer that the burden
was on the challenger to show that the administrative rule was invalid under Ch. 120,
FS, and the record did not indicate that the officer's ruling was "clearly erroneous" in
this case. Judge Zehmer dissented, saying that the rule was inconsistent with legislative
intent and exceeded the agency's delegated authority.
In light of the lack of clear direction in the statute as to the meaning of the term
"extensive" and the possible limited application of the Institutional Legal Services case,
it may be prudent for agencies to define "extensive" in a manner that is consistent
with the purpose and intent of the Public Records l\ct and that does not constitute
an unreasonable infringement upon the public's statutory and constitutional right of
access to public records.
Moreover, the statute mandates that the special service charge be "reasonable."
See Carden v. Chief of Police, 696 So. 2d 772, 773 (Fla. 2d DCA 1996), in which the
court reviewed a challenge to a service charge that exceeded $4,000 for staff time
involved in responding to a public records request, and said that an "excessive charge
could well serve to inhibit the pursuit of rights conferred by the Public Records Act."
Accordingly, the court remanded the case and required the agency to "explain in more
detail the reason for the magnitude of the assessment." Id.
b. What is meant by the term "information technology resources" as used in the
statute?
"Information technology resources" is defined as data processing hardware
and software and services, communications, supplies, personnel, facility resources,
maintenance and training. Section 119.011 (9), F.S. The term does not include a videotape
or a machine to view a videotape. /\CO 88-23. The fact that the request involves the
use of information technology resources is not sufficient to incur the imposition of the
special service charge; rather, extensive use of such resources is required. :\(;0 99-41.
c. What is meant by the term "clerical or supervisory assistance" as used in the
statute?
(1) Mayan agency charge for the cost to review records for exempt information?
An agency is not ordinarily authorized to charge for the cost to review records
for statutorily exempt material. ACO 84-81. However, the special ser~ce charge
may be imposed for this work if the volume of records and the number of potential
exemptions make review and redaction of the records a time-consuming task. See
Florida Institutional Legal Services v. Florida Department of Corrections, 579 So. 2d at
269. And see Herskovitz v. Leon County, No. 98.22 (Fla. 2d Cir. Ct. June 9, 1998), noting
that "it would not be unreasonable in these types of cases [involving many documents
and several different exemptionsl to charge a reasonable special fee for the supervisory
personnel necessary to properly review the materials for possible application of
exemptions."
(2) How should the labor cost be calculated?
213
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
I n Board of County Commissioners of Highlands County v. Colby, supra, the court
approved a county's special service charge pursuant to s. 119.07(4), Fla. Stat., which
included both an employee's salary and benefits in calculating the labor cost for the
special service charge.
The term "supervisory assistance" has not been widely interpreted. In State v.
Gudinas, No. CR 94-7132 (Fla. 9th Cir. Ct. June 1, 1999), the circuit judge approved
a rate of $35 per hour for an agency attorney's review of exempt material in a
voluminous criminal case file. The court noted that "only an attorney or paralegal"
could responsibly perform this type of review because of the "complexity of the
records re\~ewed, the various public record exemptions and possible prohibitions, and
the necessary discretionary decisions to be made with respect to potential exemptions
." And see Herskovitz v. Leon County, concluding that an appropriate charge for
supervisory review is "reasonable" in cases involving a large number of documents
that contain some exempt information.
d. Mayan agency require a reasonable deposit or advance payment or must the
agency produce the records and then ask for payment?
Section 119.07(4)(a) 1., FS., states that the custodian of public records shall furnish
a copy or a certified copy of the record "upon payment of the fee prescribed by law
. . . ." See Wootton v. Cook, 590 So. 2d 1039, 1040 (Fla. 1st DC\ 1991), stating that if
a requestor "identifies a record with sufficient specificity to permit [the agencyl to
identify it and fOrwards the appropriate fee, [the agencyl must furnish by mail a copy of
the record." (e.s.).
In Malone v. City of Satellite Beach, No 94-10557-C\-D (Fla. Cir. Ct. 13revard Co.
December 15, 1995),per curiam affirmed, 687 So. 2d 252 (Fla. 5th DCA 1997), the court
noted that a city's requirement of an advance deposit was contemplated by the Public
Records Act. See s. 119.07(4)(d), FS. According to the court, the city "was authorized
to require the payment of an advance deposit under the facts of this case before
proceeding with the effort and cost of preparing the voluminous copies requested by
the plaintiff ." And see Herskovitz v. Leon County, No. 98-22 (Fla. 2d Cir. Ct. June 9,
1998), in which the court said that if an agency is asked for a large number of records,
the fee should be communicated to the re'1uestor before the work is undertaken. "If
the agency gives the requesting party an estimate of the total charge, or the hourly rate
to be applied, the party can then determine whether it appears reasonable under the
circumstances." Id. Cf _\C;O 05-28 (custodian authorized to bill the requestor for any
shortfall between the deposit and the actual cost of copying the public records when
the copies have been made and the requesting party subsequently advises the city that
the records are not needed).
An agency may refuse to produce additional records if the fees for a previous
request for records have not been paid by the re'1uestor. See Lozman v. City of Riviera
Beach, 995 So. 2d 1027 (Fla. 4th DCA 2(08), stating s. 119.07(4), FS., "does not require
the City to do any more than what it did in this case," i. e., require Lozman to pay the
bill for the first group of records he requested before the city would make any further
documents available.
12. Fee issues relating to specific records
214
GOVERNMENT-IN -THE -SUNSHINE- MANUAL
a. Clerk of court records
(1) County records
Pursuant to s. 125.17, ES., the clerk of the circuit court serves as the ex officio clerk
to the board of county commissioners. Records maintained by the clerk which relate to
this function (e.g., county resolutions, budgets, minutes, etc.) are public records which
are subject to the copying fees set forth in Ch. 119, FS., and not the service charges set
forth in Ch. 28, FS. ACO 85-80. Accord N;O 94-60 (documents such as minutes of
public meetings, which are in the custody of the clerk as ex officio clerk of the board of
count\' commissioners, arc not subject to the $1.00 per page charge prescribed in Ch.
28). See also A(;O 82-23 (when members of the public use their own photographic
equipment to make their own copies, the clerk is not entitled to the fees prescribed
in s. 2H.24, FS., but is entitled only to the supervisory service charge now found in s.
119.0714] [e]2., FS.).
(2) Judicial records
When the clerk is exercising his or her duties derived from [\rticle V of the
Constitution, the clerk is not subject to legislative control. Times Publishing Company
v. Ake, 660 So. 2d 255 (Fla. 1995). Thus, when the clerk is acting in his or her capacity
as part of the judicial branch of government, access to the judicial records under the
clerk's control is governed exclusively by Fla. R. .Iud. Admin. 2.420, Public i\ccess to
Judicial Records. Id. See Fla. R. .Iud. Admin. 2.420(b) (2), defining the term "Judicial
branch" for purposes of the rule, to include "the clerk of court when acting as an arm
of the court."
Florida Rule of Judicial Administration 2.240(1)(3) states that "[fjees for copies
of records in all entities in the judicial branch of government, except ftr copies of court
records, shall be the same as those provided in section 119.07, Florida Statutes." (e.s.).
The fees to obtain copies of court records arc set forth in s. 28.24, FS. This statute
establishes fees that are generally higher than those in Ch. 119, FS. For example, the
charge to obtain copies of court records is $1.00 per page, rather than 15 cents per page
as established in s. 119.07(4)(a)1., FS. See also WFTV, Inc. v. Wilken, 675 So. 2d 674
(Fla. 4th DCA 1996) (the $1.00 per page copying charge in s. 28.24, F.S., applies to all
court documents, whether unrecorded or recorded).
b. Traffic reports
In the absence of statutory provision, the charges authorized in s. 119.07(4)
govern the fees to obtain copies of crash reports. However, there are specific statutes
which apply to fees to obtain copies of reports from the Department of Highway
Safety and Motor Vehicles. Section 321.23(2)(a), FS., provides that the fee to obtain a
copy of a crash report from the department is $10.00 per copy. A copy of a homicide
report is $25 per copy. Section 321.23(2)(b), FS. Separate charges arc provided for
photographs. Section 321.23(2)(c), FS.
Pursuant to s. 316.066(4)(a), FS., one or more counties may enter into an agreement
with the appropriate state agency to be certified by the agency to have a traffic records
center for the purpose of tabulating and analyzing countywide traffic crash reports.
215
GOVERNMENT- IN- THE -S UNSHlNE- MANUAL
Fees for copies of public records provided by a ccrtified traffic records center arc
$10.00 pcr copy for a crash report, $25 pet copy for a homicide report, and 50 cents
per copy for a uniform traffic citation. Section 316.066(4)(c), FS.
M. WHAT ARE THE OPTIONS IF AN AGENCY REFUSES TO PRODUCE
PUBLIC RECORDS FOR INSPECTION AND COPYING?
I. Voluntary mediation program
Section 16.60, FS., establishes an informal mediation program within the Office of
the Attorney Gencral as an alternative for resolution of open government disputes. For
more information about the voluntary mediation program, please contact thc Office of
the Attorney C;eneral at the follo,,~ng address: The Officc of the Attorney Ceneral,
PL-Ol, The Capitol, Tallahassce l''lorida 323991050; telephone (850)245-0140; or you
may visit the Office of the Attorney General website: http://myfloridalega!.com.
By Executive Order 07 -01, the Governor crcated the Office of Open Government,
charged with providing the Office of the Governor and each of the executive agencies
under thc Governor's purview guidancc to assurc full and expeditious compliance with
Florida's open governmcnt and public rccords laws. See also Executivc Ordcrs 07-107,
creating the Commission on Opcn C;overnment Reform within thc Officc of Open
Government Reform to revicw, evaluate, and issuc recommendations regarding Florida's
public records and public mcctings laws and 07 -242 direct111g all gubernatorial agencies
to adopt an Opcn Governmcnt Bill of Rights. In January 2009, the Commission on
Open Government Reform submitted Its report to the Governor. The commission's
report, including its recommendations, is available online at: http://www.flgov.com/
pd fs / 0~2009finalreport. pd f
For more information about the Office of Open Government, please contact the
office at the following address: The Office of Open Government, PL-04, The Capitol,
Tallahassee Flotida 32399-0001; telephone (850) 921-6099; or you may visit thc Office
of Open Government website: http://wwwflgov.com/o~home
2. Civil action
a. Remedies
A person who has been denied the right to inspect and/or copy public records
under the Public Records Act may bring a civil action against the agency to enforce the
terms of Ch. 119, FS. See Radford v. Brock, 914 So. 2d 1066 (Fla. 2d DCA 20(5) (trial
judge dismissal of a writ of mandamus directcd to clcrk of court and court reporter
who were alleged to be records custodians was erroneous becausc trial judgc did not
issue a show cause order to the clerk of court and court reporter, and hecause there was
no sworn evidence refuting the pctitioncr's allegations).
Before filing a lawsuit, the petitioner must have furnished a public rccords request
to the agcncy. Villarreal v. State, 687 So. 2d 256 (Fla. 1 st DCA 1996), review denied, 694
So. 2d 741 (Fla. 1997), cert. denied, 118 S.Ct. 316 (1997) (improper to order agency to
produce records before it has had an opportunity to comply); and Maraia v. State, 685
So. 2d 851 (Fla. 2d DC\ 1995) (public records action dismissed where petitioner failed
to file a request for public records with the custodian of the records before filing suit).
216
GOVERNMENT-IN- THE-SUNSHINE- MANUAL
See also Mills v. State, 684 So. 2d 801 (Fla. 1996) (no abuse of discretion in trial court's
failure to order sheriff's department to produce certain requested records where there
was no demonstration that the records exist; and Hillier v. City of Plantation, 935 So.
2d 105 (Fla. 4th DCA 2(06) (trial court finding that city had complied with petitioner's
public records requests was supported by competent, substantial evidence). Cf Coconut
Grove Playhouse, Inc. v. Knight-Ridder, Inc., 935 So. 2d 597 (Fla. 3d DC\ 2006) (trial
court order departed from essential requirements of law by requiring defendant in a
public records action to produce its records as a sanction for failure to respond to a
discovery subpoena).
Where a multi-agency law enforcement task force had been created by a mutual
aid agreement and the agreement did not indicate an intent to create a separate legal
entity capable of being sued in its own name, a requestor could not sue the task force
for production of records; however, as the agreement did not specify which agency
would be responsible for responding to public records requests, an action could be
brought against any of the member agencies to produce records in the possession of
the task force. Ramese's, Inc. v. Metropolitan Bureau of Investigation, 954 So. 2d 703 (Fla.
5th DCA 2007).
Section 119.11(1), FS., mandates that actions brought under Ch. 119 are entitled
to an immediate hearing and take priority over other pending cases. See Salvador v.
Fennelly, 593 So. 2d 1091 (Fla. 4th DCA 1992) (the early hearings provision reflects a
legislative recognition of the importance of time in public records cases; such hearings
must be given priority over more routine matters, and a good faith effort must be made
to accommodate the legislative desire that an immediate hearing be held). Expedited
review of denials of access to judicial records or to the records of judicial agencies shall
be pro;~ded through an action for mandamus, or other appropriate appellate remedy.
Rule 2.420(e), Fla. R. Jud. Admin. Cf s. 119.07(9), FS. (s. 119.07, FS., may not be used
by an inmate as the basis for failing to timely litigate any postconviction action). And see
Woodfizulk v. State, 935 So. 2d 1225 (Ha. 5th DC\ 2006) (s. 119.11, FS., does not place
specific requirements on a party requesting public records to obtain an accelerated
hearing except the filing of an action to enforce the public records law).
(1) Mandamus
Generally, mandamus is the appropriate remedy to enforce compliance with the
Public Records Act. Staton v. McMillan, 597 So. 2d 940 (Fla. 1 st DCA 1992), review
dismissed sub nom., Staton v. Austin, 605 So. 2d 1266 (Fla. 1992). See also weeks v.
Golden, 764 So. 2d 633 (Fla. 1st DCA 2000); Smith v. State, 696 So. 2d 814 (Fla. 2d
DCA 1997); Donner v. Edelstein, 415 So. 2d 830 (Fla. 3d DCA 1982); Mills v. Doyle,
407 So. 2d 348 (Fla. 4th DCA 1981). If the requestor's petition presents a prima facie
claim for relief, an order to show cause should be issued so that the claim may receive
further consideration on the merits. Staton v. McMillan, supra. Accord Gay v. State, 697
So. 2d 179 (Fla. 1 st DCA 1997). Cf Minasian v. State, 967 So. 2d 454 (Fla. 4th DC\
2(07) (petition for writ of mandamus is the proper vehicle to seek review of the denial
of access to judicial records).
However, it has been held that mandamus is not appropriate when the language of
an exemption statute requires an exercise of discretion. In Florida Society of Newspaper
217
GOVERNMENT- IN- THE-SUN SHINE -MAN UAL
Editors, Inc. v. Pub/ic Service Commission, 543 So. 2d 1262 (Fla. 1st DCA 1989), the
court found that discretion would be required to determine whether certain records
of the Public Service Commission constituted "proprietary confidential business
information;" thus, mandamus would not lie to compel disclosure of the records. Accord
Shea v. Cochran, 680 So. 2d 628 (Fla. 4th DCA 1996) (mandamus was an inappropriate
remedy where sheriff provided a specific reason for refusing to comply with a public
records request by claiming the records were part of an active criminal investigation).
And see Skeen v. D'Alessandro, 681 So. 2d 712 (Fla. 2d DCA 1995) (mandamus not
a proper remedy if there is no evidence, presented or proffered, that the requested
document existed at the time of the mandamus hearing); and Hall v. Liebling, 890 So.
2d 475 Wla. 2d DCA 2(04) (mandamus cannot be used to compel a former assistant
public defender who is now in private practice to release documents to his former
client because the attorney is now a private citizen, not a government official); Lozman
v. City of Riviera Beach, 995 So. 2d 1027 (Fla. 4th DCA 2(08) (because s. 11907[4], FS.,
did not require city to do any more than what it did, i. e., refuse to provide additional
records when bill for first group of records requested had not been paid, requestor not
entitled to writ of mandamus).
Mandamus is a "one time order by the court to force public officials to perform
their legally designated employment duties." Town of Manalapan v. RecMer, 674 So.
2d 789, 790 (Fla. 4th DCA 1996), review denied, 684 So. 2d 1353 (Fla. 1996). Thus,
a trial court erred when it retained continuing jurisdiction to oversee enforcement of
a writ of mandamus granted in a public records case. Id Cf Areizaga v. Board of
County Commissioners of Hillsborough County, 935 So. 2d 640 (Fla. 2d DCA 2(06),
review denied, 958 So. 2d 918 (Fla. 2007) (circuit courts may not refer extraordinary
writs to mediation; thus, trial judge should not have ordered mediation of petition for
writ of mandamus seeking production of public records).
(2) Injunction
It has been recognized that injunctive relief may be available upon an appropriate
showing for a violation of Ch. 119, FS. See Daniels v. Bryson, 548 So. 2d 679 (Fla. 3d
DC\ 1989) (injunctive relief appropriate where there is a demonstrated pattern of
noncompliance \\~th the Public Records Act, together \~th a showing of likelihood of
future violations; mandamus would not be an adequate remedv since mandamus would
not prevent future harm).
(3) Declaratory relief sought by agencies
Occasionally the question arises as to whether an agency, when faced \~th a demand
for public records, may seek guidance from the court in the form of a complaint for
declaratory judgment instead of complying with the request for public records or
asserting an exemption. It has been held that such requests for general declaratory
relief are nor appropriate. See Sarasota Herald- Tribune Company, Inc. v. Schaub, No.
Ci\87-2949 (Fla. 12th Cir. Ct. July 20, 1988), per curiam affirmed, 539 So. 2d 478 (Fla.
2d DCA 1989) (state attorney cannot litigate a declaratory judgment action to obtain
judicial advice on how to perform his public duties under the Public Records Act); Wille
v. McDaniel, 18 Med. L. Rptr. 2144, No. CL-()1-154-AE (Fla. 15th Cir. Ct. February
18, 1991) (sheriff's stated purpose in litigating declaratory judgment action [to avoid
being assessed attorney's fees under the Public Records ActJ is insufficient to support
218
GOVERNMENT- IN- THE-S UNSHINE-MANUAL
a declaratory action). See also Askew v. City of Ocala, 348 So. 2d 308 (Fla. 1977) (trial
court properly dismissed complaint for declaratory relief for failure to state a cause of
action where public officials disagreed \N~th i\ttorney Ceneral's advisory opinion and
sought different judicial opinion).
In WFTV, Inc. v. Robbins, 625 So.2d 941 (Fla. 4th DCi\ 1993), the court held
that a supervisor of elections who denied a public records request to inspect certain
election results on the grounds that a court order entered in another case involving
the election prohibited disclosure, "unlawfully refused" access to public records. The
court determined that the supervisor herself had sought the confidentiality order by
means of a motion seeking "directions" from the court in the election lawsuit. The
supervisor was thus liable for payment of attorney's fees incurred by the requestor
in the subsequent public records action pursuant to s. 119.12, FS., providing for an
assessment of attorney's fees and costs if an agency unlawfully refuses to permit
examination and inspection of documents under the Public Records ,\ct. See also City
of St. Petersburg v. St. Petersburg Junior College, No. 93-000421O-CI -13, Order Awarding
Attorneys Fees (Fla. 6th Cir. Ct. March 25, 1994), in which a city that had initially filed
an action for declaratory relief as to whether records requested under Ch. 119 were
confidential under federal law was ultimately detetmined to be liable for attorney's fees
under s. 119.12, FS., after the party seeking the records filed a counterclaim and the
judge determined that the records were not exempt.
b. Procedural issues
(I) Discovery
In the absence of an evident abuse of power, the trial court's exercise of discretion
1n matters associated with pretrial discovery in a public records action will not be
disturbed. Lorei v. Smith, 464 So. 2d 1330, 1:033 (Fla. 2d DCA 1985), review denied,
475 So. 2d 695 (Fla. 1985). In Lorei, the appellate court upheld the trial judge's denial
of a request to permit discovery pertaining to the agency's procedures for maintaining
public records. Id. The court noted that the interrogatories related to "the mechanics
associated with the department's record maintenance, the internal policies or actions
which lead to the development of files," and other matters which were not relevant to
the question of whether the requested records were exempt from disclosure. Id.
The court cautioned, however, that "discovery in a context such as the one at
hand may well be appropriate in the circumstance where a good faith belief exists
that the public agency may be playing 'fast and loose' with the requesting party or
the court, once its statutorily delegated authority is activated." Id. Cf Lopez v. State,
696 So. 2d 725, 727 (Fla. 1997) (trial court's denial of motion to depose custodian
affirmed because there were "no allegations that any documents had been removed");
and Johnson v. State, 769 So. 2d 990, 995 (Fla. 2(00) (discovery not warranted based on
"bare allegations" that additional records "should" exist).
(2) Hearing
An order dismissing a public records complaint filed against a sheriff was overturned
by the Fourth District because the judge failed to hold a hearing before entering the order.
'i\lthough the sheriff may ultimately not be able to retrieve these records, because of
219
GOVERN MENT- IN - THE-SUNSHINE- MANUAL
their age or another reason, the order In this case, entered without an evidentiary hearing,
was premature." Grace v. Jenne, 855 So. 2d 262, 263 (Fla. 4th DCA 20(3).
(3) In camera inspection
Section 119.07(1)(g), FS., provides that in any case in which an exemption is alleged
to exist pursuant to s. 119.071(1)(d) or (f), (2)(d), (e), or (f), or (4)(c), FS., the public
record or part of the record in question shall be submitted to the trial court for an in
camera examination. See City of St. Petersburg v. Romine, 719 So. 2d 19 (Fla. 2d DCA
1998) (in camera review mandated when confidential informant exception now found
at s. 119.071[21If ], FS., is asserted). See also V7alton v. Dugger, 634 So. 2d 1059 (Fla.
1993); Lopez v. Singletary, 634 So. 2d 1054 (Fla. 1993) (records claimed by state attorney
to constitute exempted work product must be produced for an in camera inspection;
only the judge can determine whether particular documents are public records which
must be disclosed to death penalty defendant in postconviction proceedings.
However, the trial court's failure to conduct an in camera inspection of a file
containing alleged exempt attorney work product was deemed to be an invalid basis for a
new trial whenncither party requested an in camera inspection, and the agency's attorney
made no objection at trial to the evidentiary matters f1O\ving from the exempt material.
Jordan v. School Board of Broward County, 531 So. 2d 976 (Fla. 4th DCA 1988).
Section 119.07(1)(g), FS., also states that if an exemption is alleged under s.
119.f171 (2)(c), FS. (the exemption for active criminal investigative or intelligence
information), an inspection is discretionary with the court. However, in Tribune
Company v. Public Records, 493 So. 2d 480, 484 (Fla. 2d DCA 1986), review denied
sub nom., Gillum v. Tribune Company, 503 So. 2d 327 (Fla. 1987), the court stated
that notwithstanding the trial court's discretion to provide an in camera examination
if the active criminal investigative information exemption is asserted, it is always the
better practice to conduct such an inspection in cases where an exception to the Public
Records Act is in dispute. j\ccording to the court, inspection lends credence to the
decision of the trial court, helps dispel public suspicion, and pro\~des a much better
basis for appellate review. And see Garrison v. Bailey, 4 So. 3d 683 (Fla. 1 st DCA 2(09)
(in-camera inspection of assertedly exempt records is generally the only way for a trial
court to determine whether or not a claim of exemption applies).
Similarly, in Woolling v. Lamar, 764 So. 2d 765, 768-769 (Fla. 5th DCA 2000), review
denied, 786 So. 2d 1186 (Fla. 2001), the Fifth District concluded that because the state
attorney presented "no evidence to meet its burden that the records are exempt" under
s. 119.071(2)(c), FS., an "in camera inspection by the lower court is therefore required
so that the trial judge will have a factual basis to decide if the records are exempt under
[that statutel." And see weeks v. Golden, 764 So. 2d 633 (Fla. 1 st DCA 2(00), in which
the hrst District said: "We fail to see how the trial court can Idetermine whether an
agency is entitled to a claimed exemption I without examining the records."
(4) Mootness
In Puis v. City of Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996), the court
noted that "[PJroduction of the records after the [public records] lawsuit was filed
did not moot the issues raised in the complaint." The court remanded the case for an
220
GOVERNMENT-lN- THE-SUNSHINE - MANUAL
evidentiary hearing on the issue of whether, under the facts of the case, there was an
unlawful refusal of access to public records. See also Times Publishing Company v. City of
St. Petersburg, 558 So. 2d 487, 491 (Fla. 2d DCA 1990) (although courts do not ordinarily
resolve disputes unless a case or controversy exists and resolution would have some
practical purpose, "since the instant situation is capable of repetition while evading
review, we find it appropriate to address the issues before us concerning applicability
of the Public Records ;\ct for future reference"); Mazer v. Orange County, 811 So. 2d
857,860 (Fla. 5th DC\ 2(02) ("the fact that thc requested documcnts were produced
in the instant case aftcr the action was commcnced, but prior to final adjudication of
the issue by the trial court, does not render the case moot or preclude consideration
of [the petitioner'sl entitlement to fees under the statute"); and WFTV, Inc. v. Robbins,
625 So. 2d 941 (Fla. 4th DCA 1993). Compare Jacksonville Television, Inc. v. Shorstein,
608 So. 2d 592 (Fla. 1 st DCA 1992) (where public records lawsuit was determined to
be moot because records were delivered to television station prior to entry of writ of
mandamus, appellate court would not issue an "advisory opinion" as to whcther trial
court's voluntary conclusion that agency acted propcrly by initially withholding the
records was correct).
Similarly, in Microdecisions, Inc. v. Skinner, 889 So. 2d 871 (Fla. 2d DCA 2004),
review denied, 902 So. 2d 791 (Fla. 2(05), cert. denied, 126 S.Ct. 746 (2005), the court
found that a public records lawsuit over a custodian's requirement that a commercial
company obtain a licensing agreement before using the records did not become moot
when the custodian provided the company with the rcquested data after the lawsuit
was filcd. Becausc the data was delivered subject to a condition that it was for personal
use only, a controversy remained conccrning thc validity of the custodian restriction
on the use of the data. And See Southern Coatings, Inc. v. City of Tamarac, 916 So. 2d
19 (Fla. 4th DC\ 20(5) (federal court's dismissal of pendent claims based on state
public records law is not a judgment on the mcrits and, thcrefore, not res judicata in a
subsequent lawsuit in state court).
(5) Stay
If the person seeking public records prevails in the trial court, the public agency
must comply with the court's judgment within 48 hours unless otherwise provided
by the trial court or such determination is stayed within that period by the appellate
court. Section 119.11 (2), FS. An automatic stay shall exist for 48 hours after the filing
of a notice of appeal for public records and public meeting cascs, which stay may
be extended by the lower tribunal or tlie court on motion. Fla. R. App. P. 9310(b)
(2). See wait v. Florida Power & Light Company, 372 So. 2d 420 (Fla. 1979), finding a
former provision in s. 119.11 providing that the filing of a notice of appeal shall not
operate as an automatic stay to be an unconstitutional legislative intrusion into matters
of procedure reserved to the Court; and lhe Florida Bar Re: Rules of Appellate Procedure,
463 So. 2d 1114, 1115 (Fla. 1984), stating that it was necessary to modify Rule 9.310(b)
(2) to "implement the public policy evidenced by section 119.11 (2) . . . to provide for a
48-hour automatic stay in public meeting and public record cases."
c. Attorney's fees
Section 119.12, FS., provides that if a civil action is filed against an agency to
enforce the provisions of this chapter and the court determines that the agency
221
GOVERNMENT- IN-THE-SUNSHINE-MAN UAL
unlawfully refused to permit a public record to be inspected or copied, the court shall
assess and award against the agency responsible the reasonable costs of enforcement
including reasonable attorney's fees. Cf Smith 6- Williams, FA. v. west Coast Regional
Wtuer Supply Authority, 640 So. 2d 216 (Fla. 2d DCA 1994) (assessment of attorney's
fees authorized if a record has been "improperly withheld" as attorney work prod~ct
pursuant to exemption now found at s. 119.071 [l][d], FS.); and Department of Health
and Rehabilitative Services v. Martin, 574 So. 2d 1223 (Fla. 3d DCA 1991 ) (error to award
attorney's fees where order requiring production of records was cntered pursuant to
Adult Protective Services Act, rather than the Public Records !\ct). And see Downs v.
Austin, 559 So. 2d 246 (Fla. 1st DC\ 1990), review denied, 574 So. 2d 140 (Fla. 1990)
(s. 119.12, F.S., does not constitute authority for the award of attorney's fees for efforts
expended to obtain the fee provided by that statute).
A successful pro se litigant is entitled to reasonable costs under this section.
weeks v. Golden, 764 So. 2d 633 (Fla. 1st DCA 2000); Wisner v. City of Tampa Police
Department, 601 So. 2d 296 (Fla. 2d DCA 1992). And see weeks v. Colden, 846 So.
2d 1247 (Fla. 1st DC\ 2(03) (prison inmate entitled to rccover costs associatcd with
postagc, envelopes and copying, as well as filing and service of process fees, incurred
in the course of litigation when hc filed a pro se public rccords lawsuit and prcvailed).
Cf Crapski v. Machen, Case No. 01-20lJ5-C\-4005 J (Fla. 8th Cir. Ct. May 9, 20(6),
affirmed per curiam, 949 So. 2d 202 (Fla. 1st DC\ 2(07) (inadvertent failurc to produce
some records by an agency seeking to comply with a public records rcquest does not
necessarily subject the agency to attorney's fees; a finding of an "unlawful" refusal
or delay in producing public records requires some proof that the agency or public
official took some action in hindcring the production or took no action resulting in the
unlawful delay in producing the rccords).
An "unjustified failure to respond to a public records requcst until after an action
has been commenced to compel compliance amounts to an unlawful refusal" for
purposes of s. 119.12, FS. weeks v. Colden, 764 So. 2d 633 (Fla. 1st DCi\ 2(00). "
[T1he fact that the requested documents wcre produced in the instant casc after the action
was commenced, but prior to final adjudication of the issue by the trial court, does not
render the case moot or preclude consideration of [the petitioner's] entitlement to fees
under the statute." Mazer v. Orange County, 811 So. 2d 857, 860 (Fla. 5th DCA 2002).
Accord Barfield v. Town of Eatonville, 675 So. 2d at 224 (appellant entitlcd to attorney's
fees because "[tlhe evidence clearly establishes that it was only after the appellant filed
a lawsuit that the documents he had previously sought bv written request to tl1e 'I()wn
were finally turned over to him"). And see Wisner v. City of7ampa Police Department,
supra; Brunson v. Dade County School Board, 525 So. 2d 9.31 Wla. 3d DC\ 1988).
Section 119.12, FS., "is designed to encourage public agencies to voluntarily
comply with the requirements of chapter 119, thereby ensuring that the state's general
policy is followed." New York Times Company v. PHH Mental Health Services, Inc., 616
So. 2d 27, 29 (Fla. 1993). "If public agencies arc required to pay attorney's fees and
costs to parties who are wrongfully denied access to the records of such agencies, then
the agencies are less likely to deny proper requests for documents." Id. Cf Downs v.
Austin, supra (appellate attorney's fees may be awarded fot successful appeal of denial
of access in accordance with the appellate rules; s. 119.12, FS., does not authorizc trial
court to make an initial award of appellate attorney's fees).
222
GOVERNMENT-lN- THE-SUNSH1NE- MANUAL
Attorney's fees are recoverable even where access is denied on a good faith
but mistaken belief that the documents arc exempt from disclosure. WFTV, Inc. v.
Robbins, 625 So. 2d 941 (Fla. 4th DCA 1993); Times Publishing Company v. City of St.
Petersburg, 558 So. 2d 487 (Jila. 2d DCA 1990); News and Sun-Sentinel Company v. Palm
Beach County, 517 So. 2d 743 (Fla. 4th DCA 1987). A town's defense that the delay in
production of records was caused by either the intentional wrongdoing or ineptitude
of its clerk is not a valid basis for denying recovery of attorney's fees and costs under
s. 119.12, FS. Barfield v. Town of Eatonvi!le, 675 So. 2d 223 (Fla. 5th DC\ 1996). And
see Office of the State Attorney fOr the Thirteenth Judicial Circuit of l'lorida v. Gonzalez,
953 So. 2d 759 (Fla. 2d DCA 2007) (agency's defense that it required payment before
an invoice was sent did not excuse the agency's delay in prO\~ding records; if the failure
to turn over the rccords was due to a mistake, mistake was easily asccrtainable but no
action had been taken to cure or mitigatc the mistake). But See Alston v. City of Riviera
Beach, 882 So. 2d 436 (Fla. 4tll DC\ 2004) (denial of attorney's fce claim affirmed
because "[tJhe record supports the trial court's conclusion that the city had a good faith
and reasonable belief that Alston's request applied only to documents undcr the control
of the parks and recreation department and that Alston failcd to establish that the city
unlawfully \\~thheld police department records"). And see Greater Orlando Aviation
Authority v. Nejame, 4 So. 3d 41 (Fla. 5th DCA 2009), in which thc court denied thc
request for attorney's fees, holding that the aviation authority did not act unreasonably
or in bad faith in refusing production. The court relicd on two earlicr decisions, Knight
Ridder, Inc. v. Dade AlIiation Consultants, 808 So.2d 1268 (Fla. 3d DCA 20(2), a case
involving the assessmcnt of attorncy fees against a private cntity acting on behalf of a
public agency, and WFSH of Nicevi!le v. City of Nicevi!le, 422 So.2d 980 (Fla. 1st DC\
1982) which was issucd prior to thc statute's amendment in 1984 when thc statute
authorized thc imposition of attorncv fecs when records werc unrcasonably withheld.
The statutc was amcndcd in 1984 to provide for the assessment of attorncy's fecs whcn
an agency unlawfully refuses to releasc a public record.
As to calculation of thc "reasonable costs of cnforcement including reasonablc
attorneys' fees" to which thc prevailing party is entitled, the trial judgc is in a bettcr
position than the appellate court to make "a factual dctermination regarding thc
objectivcs sought by the [prevailing party], the extcnt of statutory enforcement
obtained, and the time cxpcndcd in achieving those results." Daniels v. Bryson, 548
So. 2d 679, 682 (Fla. 3d DCA 1989). Howevcr, where the contract betwcen thc client
and attorney provided that the attorney would be compensated on a flat hourly basis
regardless of the outcomc at trial, the trial court crred in awarding an enhanced fee
based upon a contingcncy risk multiplicr. Id.
A different rule has becn applied when it is unclcar whcthcr a private corporation is
an "agency" for purposes of the Public Records Act. In such cases, the privatc entity's
"swift" action to seek declaratory relief to obtain judicial clarification of its status
undcr the law, rather than immcdiately comply \~th a request for public documents,
has not been considered an "unlawful refusal" to releasc documents for purposes of
the assessment of attorncv's fees cven though thc corporation is ultimately detcrmined
to bc an "agcncy" for purposes of Ch. 119, FS., disclosure requirements. See New York
Times Company v. PHH Mental Health Services, Inc., 616 So. 2d 27 (1'la. 1993). Accord
Fox v. News-Press Publishing Company, Inc., 545 So. 2d 941 (Fla. 2d DCA 1989).
223
GOVERNMENT- IN-THE-S UNSHINE-MAN UAL
In a later case, the 5th District Court of Appeal expanded the PHH
holding by determining that attorney's fees would not be assessed against
a private company, even though the prevailing party had sued to obtain the
records after being refused access. Harold v. Orange County, 668 So. 2d 1010,
1012 (Fla. 5th DCA 1996). The court noted;
Although the PHH court commented on the fact that in that case the
private entity had acted swiftly to clarify its status by filing a declaratory
judgment action, we do not find that the failure to independently seek
such clarification in this case (considering the swiftness of appellant's
action), renders an othet\\~se good faith.-even if incorrect--refusal to
disclose records an unlawful act.
However, where the entity did not have a "reasonable" or "good faith" belief in
the soundness of its position in refusing production, a trial court abused its discretion
in failing to award fees and costs. Knight Ridder, Inc. v. Dade Aviation Consultants,
808 So. 2d 1268, 1269 (Fla. 3d DCA 20(2). Thus, an opinion of independent counsel
upon which an entity relied to support its claim that records should not be released to
the media requestor did not meet the good faith standard because the entity did not
provide "full and complete disclosure" of the operative facts to counsel. Id. at 1270.
3. Criminal penalties
Section 119.10(1)(b), FS., states that a public officer who knowingly violates the
provisions of s. 119.07(1), FS., is subject to suspension and removal or impeachment
and commits a misdemeanor of the first degree, punishable by possible criminal
penalties of one year in prison, or $1 ,000 fine, or both. See State v. Webb, 786 So. 2d 602
(Fla. 1st DCA 2(01) (s. 119.10[2] authorizes a conviction for violating s. 119.07 only if
a defendant is found to have committed such violation "knowingly,"; statute cannot be
interprcted as allowing a conviction based on mere negligence). And see s. 119.10(1 )(a),
l':s., providing that a violation of any provision of Ch. 11 'J, FS., by a public officer is a
noncriminal infraction, punishable by fine not cxceeding $500. Cf s. 838.022(1)(b), FS.
(unlawful for a public servant, with corrupt intent to obtain a bencfit for any person
or to cause harm to another, to conceal, cover up, destroy, mutilate, or alter any official
rccord or official documcnt or cause another person to petform such an act).
A state attorney may prosecute suits charging public officials v.~th violations of the
Public Records Act, including those violations which may result in a finding of guilt for
a noncriminal infraction. ACO 91-38.
N. WHAT ARE THE REQUIREMENTS FOR THE MAINTENANCE AND
DISPOSAL OF PUBLIC RECORDS?
1. Maintenance of records
All public records should bc kept in the buildings in which they arc ordinarily
used. Section 119.021 (1 )(a), FS. Moreover, insofar as practicable, a custodian of
public records of vital, permanent, or archival records shall keep them in fireproof and
waterproof safes, vaults, or rooms fitted with noncombustible materials and in such
arrangement as to be easily accessible for convenient use. Section 119.021(1)(b), FS.
224
GOVERNMENT- IN- THE-SUNSHINE - MANUAL
Records that are in need of repair, restoration, or rebinding may be authorized by the
head of the governmental entity to be removed from the building or office in which
such records are ordinarily kept for the length of time required to repair, restore, or
rebind them. Section 119.021(1)(c), FS.
Thus, as a general rule public records may not be routinely removed from the
building or office in which such records are ordinarily kept except for official purposes.
AGO 93-16. The retention of such records in the home of a public official would
appear to circumvent the public access requirements of the Public Records Act and
compromise the rights of the public to inspect and copy such records. Id. And see
1\GO 04-43 (mail addressed to city officials at City Hall and received at City Hall should
not be forwarded unopened to the private residences of the officials, but rather the
original or a copy of the mail that constitutes a public record should be maintained at
city offices).
2. Delivery of records to successor
Section 119.021(4)(a), FS., provides that whoever has custody of public records
shall deliver such records to his or her successor at the expiration of his or her term
of office or, if there is no successor, to the records and information management
program of the Division of Library and Information Services of the Department of
State. See Maxwell v. Pine Gas Corporation, 195 So. 2d ()02 (Fla. 4th DCA 1967) (state,
county, and municipal records are not the personal property of a public officer); 1\GO
98-59 (records in the files of the former city attorney which were made or received
in carrying out her duties as city attorney and which communicate, perpetuate, or
formalize knowledge constitute public records and arc required to be turned over to
her successor); and ACO 75-282 (public records regardless of usefulness or relevancy
must bc turned over to the custodian's successor in office or to the Department of
State). And see s. 119.021(4)0)), FS., providing that "[wlhoever is entitled to custody of
public records shall demand them from any person having illegal possession of them,
who must forth\vith deliver the same to him or her."
In the absence of contrary direction in the legislation dissolving a special taxing
district, the district's records should be delivered to the Department of State. AGO
95-03. Compare AGO 09-39 stating that in light of a court order holding that an
independent special district is the successor in-interest to the powers and duties of a
municipal services benefit district, the records of the MSBU should be delivered to the
special district. Cf s. 257.36(2)0)), FS., specifying procedures for disposition of agency
records stored in the state records center in tlie event that the agency is dissolved or its
functions are transferred to another agency.
3. Retention and disposal of records
Section 119'()21 (2)(a), FS. reyuires the Division of Library and Information
Services (division) of the Department of State to adopt rules establishing tetention
schedules and a disposal process for public records. Each agency must comply witli
these rules. Section 119.021 (2)0)), FS. And see s. 119.021 (2)(c), FS., providing that
public officials must "systematically dispose" of records no longer needed, subject to
the consent of the division in accordance with s. 257.36, FS.
225
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
The division "shall give advice and assistance to public officials to solve problems
related to the preservation, creation, filing and public accessibility of public records in
their custody." Section 119.021 (2) (d), FS. Public officials shall assist the di\~sion by
preparing an inclusive inventory of categories of public records. Id The division shall
establish a time period for the retention or disposal of each series of records. Id. And
see s. 119.021 (3), FS., stating that notwithstanding the provisions of Chs. 119 or 257,
FS., certain orders that comprise final agency action must be permanently maintained.
Cf Ula. R. Jud. Admin. 2.430, establishing retention schedules for court records.
Section 257.36(6), FS., states that a "public record may be destroyed or otherwise
disposed of only in accordance \\~th retention schedules established by the division."
The division is required to adopt reasonable rules relating to destruction and disposition
of records. !d. See generally Chs. lB-24 and lB-26, l':A.c:. An affected party seeking to
challenge an agency's approved records retention schedule may be entitled to a hearing
pursuant to Ch. 120, FS. L. R. v. Department of State, Division of Archives, History and
Records Management, 488 So. 2d 122 (Fla. .,d DC\ 1986). Andsee ACO 04-51, regarding
the application of the retention schedules to materials obtamed by law enforcement
agencies which become evidence In criminal investigations and prosecutIons; and Inf.
Op. to Matthews, July 12, 2004, noting the diVision's statutory responsibility to adopt
rules establishing standards for reproduction or duplicatIon of audio or audiovisual
tape recordings.
Thus, for example, a municipality may not remove and destroy disciplinary notices,
with or without the employee's consent, during the course of resolving collective
bargaining grievances, except in accordance with the statutory restrictions on disposal
of tecords. ACO 94-75. See also ACO 09-19 (city is under an obligation to follow the
public records retention schedules established by law for information on its Facebook
page which constitutes a public record); j\GO 98-54 (registration and disciplinary
records which arc stored in a national association securities dealers database and which
are used by the state banking department for regulatory purposes are public records and
may not be destroyed merely because an arbitration panel of the national association
has ordered that they be expunged; such records are subject to statutory mandates
governing destruction of records); AGO 96-34, stating that as public records, "e-mail"
messages are subject to the statutory limitations on destruction of public records; and
AGO 75-45, concluding that tape recordings of proceedings before a public body must
be preserved in compliance with statutory record retention and disposal restrictions.
Cf AGO 91-23 (clerk of circuit court not authorized to expunge a court order from
the Official Records, in the absence of a court order directing such action). Accord Inf.
Op. to Hernandez, July 1,2003 (agency not authorized to purge or expunge documents
which it created while carrying out what it perceived to be its official duty based upon
an accusation that the agency may have been mistaken in such an assessment).
The statutory restrictions on destruction of public records apply even if the
record is exempt from disclosure. For example, in 1\GO 81-12, the j\ttorney General's
Office concluded that the City of Hollywood could not destroy or dispose of licensure,
certification, or employment examination question and answer sheets except as
authorized by statute. Similarly, in AGO 87-48, it was concluded that the statutory
prohibition against placing anonymous materials in the petsonnel file of a school district
employee did not permit the desttuction of such materials received in the course of
226
GOVERNMENT -IN- THE-S UNSHINE-MANUAL
official school business, absent compliance with statutory restrictions on destruction
of records. An exemption only removes the records from public acccss requircments,
it does not cxempt the records from the other provisions of Ch. 119, FS., such as thosc
requiring that public records be kept in a safe placc or those regulating the destruction
of public records. AGO 93-86. See s. 119.021, FS. Cf s. I 19.07(1)(h), FS., providing
that even if an assertion is madc by the custodian that a rcquestcd rccord is not a public
record subject to public inspection or copying under this subsection, the requested
record may not bc disposcd of for a period of 30 days after the date on which a
written request to inspect or copy the record was made to thc custodian; if a ci\~l action
is instituted \V~thin the 30-day period to enforce the provisions of this section \V~th
rcspect to the requested record, thc custodian may not disposc of thc record except by
ordcr of a court of competent jurisdiction after notice to all affcctcd partics.
227
GOVERNMENT- IN - THE-SUNSHIN E- MAN UAL
APPENDICES
A. PUBLIC RECORDS AND MEETINGS CONSTITUTIONAL AMENDMENT
Article I, Section 24, Florida Constitution
Section 24. Access to public records and meetings.
(a) Every person has the right to inspect or copy any public record made
or received in connection with the official business of any public body, officer,
or employee of the state, or persons acting on their behalf, except with respect
to records exempted pursuant to this section or specifically made confidential by
this Constitution. This section specifically includes the legislative, executive, and
judicial branches of government and each agency or department created thereunder;
counties, municipalities, and districts; and each constitutional officer, board, and
commission, or entity created pursuant to law or this Constitution.
(b) All meetings of any collegial public body of the executive branch of
state government or of any collegial public body of a county, municipality, school
district, or special district, at which official acts are to be taken or at which public
business of such body is to be transacted or discussed, shall be open and noticed to
the public and meetings of the legislature shall be open and noticed as provided in
.\rticle Ill, Section 4(e), except with respect to meetings exempted pursuant to this
section or specifically closed by this Constitution.
(c) This section shall be self-executing. The legislature, however, may
provide by general law passed by a two-thirds vote of each house for the exemption
of rccords from the requircments of subsection (a) and the exemption of meetings
from the requirements of subsection (b), provIded that such law shall state with
specificity the public necessity Justifying the exemption and shall be no broader than
necessary to accomplish the stated purpose of the law. Thc legislaturc shall enact
laws governing the enforcement of this section, including the maintenance, control,
destruction, disposal, and disposition of records made public by this section, except
that each house of the legislature may adopt rules govcrning the enforcement of this
section in relation to records of the legislative branch. I,aws enacted pursuant to this
subsection shall contain only exemptions from the requirements of subsections (a) or
(b) and provisions governing the enforcement of this section, and shall relate to one
subjcct.
(d) All laws that are in effect on July 1, 1993 that limit public access to
records or meetings shall remain in force, and such laws apply to rccords of the
legislative and judicial branches, until they arc repealed. Rules of court that are in
effect on the date of adoption of this section that limit access to records shall remain
in effect until they arc repealed.
228
GOVERNMENT- IN - THE -S UNSHINE- MANUAL
B. GOVERNMENT IN THE SUNSHINE LAW AND RELATED STATUTES
286.011 Public meetings and records; public inspection; criminal and civil
penalties.--
(1) All meetings of any board or commission of any state agency or
authority or of any agency or authority of any county, municipal corporation, or
political subdiviSIOn, except as otherwise provided in the Constitution, at which
official acts are to be taken are declared to be public meetings open to the public at all
times, and no resolution, rule, or formal action shall be considered binding except as
taken or made at such meeting. The board or commission must provide reasonable
notice of all such meetings.
(2) The minutes of a meeting of any such board or commission of any such
state agency or authority shall be promptly recorded, and such records shall be open
to public inspection. The circuit courts of this state shall have jurisdiction to issue
injunctions to enforce the purposes of this section upon application by any citizen of
this state.
(3)(a) Any public officer who violates any provision of this section is guilty
of a noncriminal infraction, punishable bv fine not exceeding $500.
(b) /\ny person who is a member of a board or commission or of any state
agency or authority of any county, municipal corporation, or political subdivision
who knowingly violates the provisions of this section by attending a meeting not held
in accordance with the provisions hereof is guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Conduct which occurs outside the state which would constitute a
knowing violation of this section is a misdemeanor of the second degree, punishable
as provided in s. 775.082 or s. 775.083.
(4) Whenever an action has been filed against any board or commission of
any state agency or authority or any agency or authority of any county, municipal
corporation, or political subdivision to enforce the provisions of this section or
to invalidate the actions of any such board, commission, agency, or authority,
which action was taken in violation of this section, and the court determines that
the defendant or defendants to such action acted in violation of this section, the
court shall assess a reasonable attorney's fee against such agency, and may assess a
reasonable attorney's fee against the individual filing such an action if the court finds
it was filed in bad faith or was frivolous. Any fees so assessed may be assessed against
the individual member or members of such board or commission; provided, that in
any case where the board or commission seeks thc advice of its attorney and such
advice is followed, no such fees shall be assessed against the individual mcmber or
members of the board or commission. However, this subsection shall not apply to
a state attorney or his or her duly authorized assistants or any officer charged ,,~th
enforcing the provisions of this section.
(5) Whenever any board or commission of any state agency or authority or
229
GOVERNMENT- IN-THE-SUNSHINE-MANUAL
any agency or authority of any county, municipal corporation, or political subdivision
appeals any court order which has found said board, commission, agency, or authority
to have violated this section, and such otder is affirmed, the court shall assess a
reasonable attorney's fee for the appeal against such board, commission, agency, or
authority. Any fees so assessed may be assessed against the individual member or
members of such board or commission; provided, that in any case where the board
or commission seeks the advice of its attorney and such advice is followed, no such
fees shall be assessed against the individual member or members of the board or
comnusSlon.
(6) ,\11 persons subject to subsection (1) are prohibited from holding
meetings at any facility or location which discriminates on the basis of sex, age, race,
creed, color, origin, or economic status or whicb operates in such a manner as to
unreasonably restrict public access to such a facility.
(7) Whenever any member of any board or commission of any state agency
or authority or any agency or authority of any county, municipal corporation, or
political subdivision is charged with a violation of this section and is subsequently
acquitted, the board or commission is authorized to reimburse said member for any
portion of his or her reasonable attorney's fees.
(8) Notwithstanding the provisions of subsection (1), any board or
commission of any state agency or authority or any agency or authority of any
county, municipal corporation, or political subdivision, and the chief administrative
or executive officer of the governmental entity, may meet in private with the entity's
attorney to discuss pending litigation to which tl1e entity is presently a party before a
court or administrative agency, provided that the foIlO\,~ng conditions are met:
(a) The entity's attorney shall advise the entity at a public meeting that he or
she desires ad\~ce concerning the litigation.
(b) The subject matter of the meeting shall be confined to settlement
negotiations or strategy sessions related to litigation expenditures.
(c) The entire session shall be recorded by a certified court reporter. The
reporter shall record the times of commencement and termination of the session,
all discussion and proceedings, the names of all persons present at any time, and the
names of all persons speaking. No portion of the session shall be off the record.
The court reporter's notes shall be fully transcribed and filed with the entity's clerk
within a reasonable time after the meeting.
(d) The entity shall give reasonable public notice of the time and date of the
attorney-client session and the names of persons who will be attending the session.
The session shall commence at an open meeting at which the persons chairing the
meeting shall announce the commencement and estimated length of the attorney-
client session and the names of the persons attending. At the conclusion of the
attorney-client session, the meeting shall be reopened and the person chairing the
meeting shall announce the termination of the session.
230
GOVERNMENT -IN- THE-SUNSHINE-MAN UAL
(e) The transcript shall be made part of the public record upon conclusion of
the litigation.
Related sections read as follows:
286.0105 Notices of meetings and hearings must advise that a record is
required to appeal.--
Each board, commission, or agency of this state or of any political subdivision
thereof shall include in the notice of any meeting or hearing, if notice of the meeting
or hearing is required, of such board, commission, or agency, conspicuously on such
notice, the advice that, if a person decides to appeal any decision made by the board,
agency, or commission \\~th respect to any matter considered at such meeting or
hearing, he or she \\~ll need a record of the proceedings, and that, for such purpose, he
or she may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. The
requirements of this section do not apply to the notice provided in s. 200.065(3).
286.0111 Legislative review of certain exemptions from requirements for
public meetings and recordkeeping by governmental entities.--
The provisions of s. 119.15, the Open Government Sunset Review ;\ct of 1995,
apply to the provisions of law which providc exemptions to s. 286.011, as provided in
s. 119.15.
286.0113 General exemptions from public meetings.--
(1) That portion of a meeting that would reveal a security system plan or portion
thereof made confidential and exempt by s. 119,()71(3)(a) is exempt from s. 286.011
and s. 24(b), Art. I of the State Constitution
(2)(a) A meeting at which a negotiation with a vendor is conducted pursuant to s.
287.057(3) is exempt from s. 286.011 and s. 24(b), Art. 1 of the State Constitution.
(b) 1. ;\ complete recording shall be made of any meeting made exempt in paragraph
(a). No portion of the meeting may be held off the record.
2. The recording required under subparagraph 1. is cxempt from s. 119.07(1) and
s. 24(a), Art. I of the State Constitution until such time as the agency provides notice
of a decision or intended decision pursuant to s. 120.57(3)(a) or until 20 days after thc
final competitivc scaled replies are all opened, whichever occurs earlier.
3. I f the agency rejects all scaled replies, the recording remains exempt from
s. 119.07(1) and s. 24(a), Art. I of the State Constitution until such time as the
agency provides notice of a decision or intendcd decision pursuant to s. 120.57(3)
(a) concerning the reissued invitation to negotiatc or until the agency withdraws the
reissued invitation to negotiate. 1\ recording is not exempt for longcr than 12 months
after the initial agency notice rcjecting all replies.
(c) This subscction is subject to the Open Government Sunset Review Act in
231
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
accordance with s. 119.15 and shall stand repealed on Octobcr 2, 2011, unless rcviewed
and saved from repcal through recnactment by thc Legislature.
286.0115 Access to local public officials; quasi-judicial proceedings on local
government land use matters.--
(l)(a) i\ county or municipality may adopt an ordinance or resolution removing the
presumption of prejudice from ex parte communications with local public officials by
establishing a process to disclosc ex parte communications with such officials pursuant
to this subsection or by adopting an alternative process for such disclosurc. However,
this subsection does not require a county or municipality to adopt any ordinance or
resolution establishing a disclosure proccss.
(b) As uscd in this subsection, thc term "local public official" means any elcctcd
or appointed public official holding a county or municipal officc who rccommends
or takes quasi-judicial action as a mcmber of a board or commission. The term does
not include a member of the board or commission of any statc agcncy or authority.
(c) Any person not otherwise prohibited by statute, charter provision, or
ordinance may discuss \~th any local public official the merits of any matter on which
action may be taken by any board or commission on which the local public official is
a membcr. If adopted by county or municipal ordinance or resolution, adherence to
the follO\~ng procedures shall remove thc presumption of prejudice arising from ex
parte communications with local public officials.
1. The substancc of any ex parte communication with a local public official
which relates to quasi-judicial action pending before the official is not presumcd
prejudicial to the action if the subject of the communication and the identity of the
person, group, or entity with whom the communication took place is disclosed and
made a part of the record before final action on the matter.
2. A local public official may read a written communication from any person.
However, a written communication that relatcs to quasi-judicial action pending before
a local public official shall not be presumed prejudicial to the action, and such written
communication shall be made a part of thc record before final action on the matter.
3. Local public officials may conduct investigations and site visits and may receive
expert opinions regarding quasi-judicial action pending before them. Such activities
shall not be prcsumed prejudicial to the action if the existence of the investigation,
site visit, or expert opinion is made a part of the record before final action on the
matter.
4. Disclosure made pursuant to subparagraphs 1.,2., and 3. must be made before
or during the public meeting at which a vote is taken on such matters, so that persons
who have opinions contrary to thosc expressed in the ex parte communication are
given a reasonable opportunity to refute or respond to the communication. This
subsection does not subject local public officials to part III of chapter 112 for not
comply~ng with this paragraph.
232
GOVERNMENT -IN- THE-S UNSH1N E-MANUAL
(2)(a) Notwithstanding the provisions of subsection (1), a county or municipality
may adopt an ordinance or resolution establishing the procedures and provisions of
this subsection for quasi-judicial proceedings on local government land use matters.
The ordinance or resolution shall provide procedures and provisions identical to this
subsection. However, this subsection does not require a county or municipality to adopt
such an ordinance or resolution.
(b) In a quasi-judicial proceeding on local government land use matters, a person
who appears before the decisionmaking body who is not a party or party-intervenor
shall be allowed to testify before the decisionmaking body, subject to control by
the decisionmaking body, and may be requested to rcspond to questions from the
decisionmaking body, but need not be sworn as a witness, is not required to be
subject to cross-examination, and is not rcquircd to be <Jualified as an expert witness.
The decisionmaking body shall assign weight and credibility to such testimony as it
deems appropriate. A party or party.intervenor in a quasi-Judicial proceeding on local
government land use matters, upon request by another party or partY-lntervenor, shall
be sworn as a witness, shall be subject to cross-examination by other parties or party-
intervenors, and shall be required to be qualified as an expert \"~tness, as appropriate.
(c) In a quasi-judicial proceeding on local government land use matters, a
person may not be precluded from communicating directly with a member of
the decisionmaking body by application of ex parte communication prohibitions.
Disclosure of such communications by a member of the decisionmaking body is not
required, and such nondisclosure shall not be presumed prejudicial to the decision of
the decisionmaking body. All decisions of the decisionmaking body in a quasi-judicial
proceeding on local government land use matters must be supported by substantial,
competent evidence in the record pertinent to the proceeding, irrespective of such
communications.
(3) This section docs not restrict the authority of any board or commission to
establish rules or procedures governing public hearings or contacts with local public
officials.
286.012 Voting requirement at meetings of governmental bodies.--
No member of any state, county, or municipal governmental board, commission,
or agency who is present at any meeting of any such body at which an official decision,
ruling, or other official act is to be taken or adopted may abstain from voting in regard
to any such decision, ruling, or act; and a votc shall be recorded or counted for each
such member present, except when, with respect to any such member, there is, or
appears to be, a posslble conflict of interest under the provisions of s. 112.311, s.
112.313, or s. 112.3143. In such cascs, said member shall comply with the disclosure
requirements of s. 112.3143.
286.26 Accessibility of public meetings to the physically handicapped.--
(1) Whenever any board or commission of any state agency or authority, or
of any agency or authority of any county, municipal corporation, or other political
subdivision, which has scheduled a meeting at which official acts are to be taken
233
GOVERNMENT -IN-THE-S UNSHINE- MAN UAL
receives, at least 48 hours prior to the meeting, a written request by a physically
handicapped person to attend thc mceting, directed to thc chairperson or director
of such board, commission, agency, or authority, such chairperson or dircctor shall
provide a manner by which such pcrson may attend the meeting at its scheduled site
or reschedule the mceting to a site which would be accessible to such person.
(2) If an affected handicapped person objects in thc written request, nothing
contained in the provisions of this section shall be construed or interpreted to permit
the use of human physical assistance to the physically handicapped in lieu of the
construction or use of ramps or other mechanical dcvices in order to comply with the
prO\~sions of this section.
C. THE PUBLIC RECORDS ACT
CHAPTER 119, FLORIDA STATUTES
119.01 General state policy on public records.--
(1) It is the policy of this statc that all state, county, and municipal records
are open for personal inspection and copying by any person. Providing access to
public records is a duty of eaeh agency.
(2)(a) Automation of publie records must not erode the right of access
to those records. As each agency increases its use of and dependence on electronic
recordkeeping, each agency must provide reasonable public access to records
electronically maintained and must cnsure that exempt or confidential records are not
disclosed except as otherwise permitted by law.
(b) When designing or acquiring an electronic recordkeeping system, an
agency must consider whether such system is capablc of providing data in some
common format such as, but not limited to, the ;\merican Standard Code for
Information Interchange.
(c) An agcncy may not enter into a contract for the crcation or maintenance
of a public records database if that contract impairs the ability of the public to
inspect or copy the public records of the agency, including public records that are on-
line or stored in an electronic recordkeeping system used by the agency.
(d) Subject to the restrictions of copyright and trade secret laws and public
records exemptions, agency use of proprictary software must not diminish the right
of the public to inspect and copy a public record.
(e) Providing access to public records by remote elcctronic means is an
additional method of access that agencies should strive to provide to the extent
feasible. I f an agency provides access to public records by remote electronic means,
such access should be provided in the most cost-effective and efficient manner
available to the agency providing the information.
(1) Each agency that maintains a public record in an electronic recordkeeping
234
GOVERNMENT- IN- THE -SUNSHINE-MANUAL
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. An
agency must provide a copy of the record in the medium requested if the agency
maintains the record in that medium, and the agency may charge a fee in accordance
\V~th this chapter. For the purpose of satisfying a public records request, the fee to
be charged by an agency if it elects to provide a copy of a public record in a medium
not routinely used by the agency, or if it elects to compile information not routinely
developed or maintained by the agency or that requires a substantial amount of
manipulation or programming, must be in accordance ,~th s. 119.07(4).
(3) 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, corpotation, 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.
119.011 Definitions.--As used in this chapter, the term:
(1) ':'\ctual cost of duplication" means the cost of the material and supplies
used to duplicate the public record, but does not include labor cost or overhead cost
associated ,~th such duplication.
(2) "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 pubhc agency.
(3)(a) "Criminal intelligence information" means information with respect to
an identifiable person or group of persons collected by a criminal justice agency in an
effort to anticipate, prevent, or monitor possible criminal activity.
(b) "Criminal investigative information" means information with respect
to an identifiable person or group of persons compiled by a criminal justice agency
in the course of conducting a criminal investigation of a specific act or omission,
including, but not limited to, information derived from laboratory tests, reports of
investigators or informants, or any type of surveillance.
(c) "Criminal intelligence information" and "criminal investigative
information" shall not include:
1. The time, date, location, and nature of a reported crime.
2. The name, sex, age, and address of a person arrested or of the victim of a
crime except as provided in s. 119.071 (2) (h).
3. The time, date, and location of the incident and of the arrest.
235
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
4. The crime charged.
5. Documents given or required by law or agency rule to bc given to the
person arrested, except as provided in s. 119.071 (2) (h), and, cxcept that thc court
in a criminal case may order that certain information required by law or agency
rule to be given to the person arrestcd be maintained in a confidential manner and
cxempt from the provisions of s. 119J)7(I) until released at trial if it is found that
thc releasc of such information would:
a. Be defamatory to the good name of a victim or witness or would jeopardize
the safety of such victim or witness; and
b. Impair the ability of a statc attorney to locate or prosccute a codefendant.
6. Informations and indictments except as provided in s. 905.26.
(d) The word "active" shall have thc follO\~ng meaning:
1. Criminal intelligence information shall be considered "active" as long as it is
related to intelligence gathering conducted \~th a reasonable, good faith belief that
it will lead to detection of ongoing or reasonably anticipated criminal activities.
2. 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 prosccution in the foreseeable future.
In addition, cnminal intelligence and crimmal investigative information
shall be considered "active" while such information is directly related to
pending prosecutions or appcals. The word "active" shall not apply to
information in cascs which arc barrcd from prosccution under the provisions
of s. 775.15 or othcr statute of limitation.
(4) "Criminal justicc agcncy" mcans:
(a) Any law enforcemcnt agency, court, or prosecutor;
(b) ;\ny othcr agency charged by law with criminal law enforccment
duties;
(c) j\ny agency having custody of criminal intelligence information
or criminal investigativc information for the purpose of assisting such law
enforcemcnt agencies in the conduct of active criminal investigation or
prosecution or for the purpose of litigating civil actions undcr the Rackcteer
Influenccd and Corrupt Organization Act, during the timc that such agencies
arc in posscssion of criminal intelligence information or criminal investigative
information pursuant to their criminal law enforcemcnt dutics; or
(d) The Department of Corrections.
(5) "Custodian of public records" means thc elected or appointed statc,
236
GOVERNMENT -IN- THE-SUNSH lNE-MANUAL
county, or municipal officer charged with the responsibility of maintaining the
office having public records, or his or her designee.
(6) "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.
(7) "Duplicated copies" means new copies produced by duplicating, as
defined in s. 283.30.
(8) "Exemption" means a provision of general law which provides
that a specified record or meeting, or portion thereof, is not subject to the
access requirements of s. 119.07(1), s. 286.011, or s. 24, ,\ft. I of the State
Constitution.
(9) "Information technology resources" means data processing hardware
and software and services, communications, supplies, personnel, facility
resources, maintenance, aod tratning.
(10) "Paratransit" has the same meaning as provided in s. 427.011.
(11) "Proprietary software" means data processing software that is
protected by copyright or trade secret laws.
(12) "Public records" means all documents, papers, letters, maps, books,
tapes, photographs, films, sound recordings, data processing software, or
other material, regardless of the physical form, characteristics, or means of
transmission, made or received pursuant to la\v or ordinance or in connection
with the transaction of official business by any agency.
(13) "Redact" means to conceal from a copy of an original public record,
or to conceal from an electronic image that is available for public viewing, that
portion of the record containing exempt or confidential in formation.
(14) "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:
(a) Collect, process, store, and retrieve information that is exempt from s.
119.07(1);
(b) Collect, process, store, and retrieve financial management information
of the agency, such as payroll and accounting records; or
(c) Control and direct access authorizations and security measures for
automated systems.
119.021 Custodial requirements; maintenance, preservation, and retention
of public records.--
237
GOVERNMENT- IN-THE-SUNSHINE-MANUAL
(1) Public records shall be maintained and preserved as follows:
(a) All public records should be kept in the buildings in which they are ordinarily
used.
(b) Insofar as practicable, a custodian of public records of vital, permanent,
or archival records shall keep them in fireproof and waterproof safes, vaults, or
rooms fitted 'W-ith noncombustible materials and in such arrangement as to be easily
accessible for convenient use.
(c)l. Record books should be copied or repaired, renovated, or rebound if
worn, mutilated, damaged, or difficult to read.
2. Whenever any state, county, or municipal records are in need of repair,
restoration, or rebinding, the head of the concerned state agency, department,
board, ot commission; the board of county commissioners of such county; or the
governing body of such municipality may authorize that such records be removed
from the building or office in which such records are ordinarily kept for the length
of time required to repair, restore, or rebind them.
3. Any public official who causes a record book to be copied shall attest and
certify under oath that tbe copy is an accurate copy of the original book. The copy
shall then have the force and effect of the original.
(2)(a) The Division of Library and Information Services of the Department
of State shall adopt rules to establish retention schedules and a disposal process for
publie records.
(b) 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.
(c) Each public official shall systematically dispose of records no longer needed,
subject to the consent of the records and information management program of the
division in accordance 'W~th s. 257.36.
(d) The division may ascertain the condition of public records and shall give
advice and assistance to publie officials to solve problems related to the preservation,
creation, filing, and public accessibility of public records in their custody. Public
officials shall assist the division bv preparing an inclusive inventory of categories
of public records in their custody. The division shall establish a time period for
the retention or disposal of each series of records. Upon the completion of the
inventorv and schedule, the division shall, subject to the availability of necessary
space, staff, and other facilities for such purposes, make space available in its records
center for the filing of semicurrent records so scheduled and in its archives for
noncurrent records of permanent value, and shall render such other assistance as
needed, including the microfilming of records so scheduled.
(3) Agency orders that comprise final agency action and that must be indexed
or listed pursuant to s. 120.53 have continuing legal significance; therefore,
238
GOVERNMENT-IN-THE -SUNSH1N E- MANUAL
notwithstanding any other provision of this chapter or any provision of chapter
257, each agency shall permanently maintain records of such orders pursuant to the
applicable rules of the Department of State.
(4)(a) Whoever has custody of any publtc records shall deliver, at the expiration
of his or her term of office, to his or her successor or, If there be none, to the
records and information management program of the Division of Library and
Information Services of the Dcpartmcnt of State, all public records kept or received
by him or her in the transaction of official business.
(b) Whoever is cntitled to custody of public records shall demand them from
any person having illegal possession of them, who must forthwith deliver the same
to him or her. Any person unlawfully possessing public rccords must \\~thin 10
days delivcr such records to the lawful custodian of public records unless just causc
exists for failing to dcliver such records.
119.07 Inspection and copying of records; photographing public
records; fees; exemptions.--
(l)(a) 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 supen~sion by the custodian of the public
records.
(b) A custodian of public records or a person having custody of public records
mav designate another officer or employee of the agency to permit the inspection
and copying of public records, but must disclose the identity of the designee to the
person requesting to inspcct or copy public records.
(c) A custodian of public records and hIS or her designee must acknowledge
requests to inspect or copy records promptly and respond to such rcquests in good
faith. 1\ good faith response includes making rcasonable efforts to dctermine from
other officers or employees within thc agency whether such a record exists and, if
so, the location at which the record can be acccssed.
(d) 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 sucli record for inspection and copying.
(e) If the person who has custody of a public record contends that all or part
of the record is cxempt from inspcction and copying, he or she shall state the basis
of the exemption that he or shc contends is applicable to the record, including the
statutory citation to an exemption created or afforded by statute.
(f) 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.
(g) In any civil action in which an exemption to this section is asserted, if the
239
GOVERNMENT- IN -THE-SUNSHINE -MANUAL
exemption is alleged to exist under or by virtue of s. 119.071(1)(d) or (f), (2)(d),(e),
or (I), or (4)(c), the public record or part thereof in qucstion shall be submitted to
the court for an inspection in camera. I f an excmption is alleged to exist under or by
virtue of s. 119.071(2)(c), an inspection in camera is discretionary with the court. If
the court finds that the asserted excmption is not applicablc, it shall ordcr the public
record or part thereof in question to be immediately produced for inspection or
copying as requested by the person seeking such access.
(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 subscction, thc requested rccord shall, ncvertheless, not be disposed of for a
pcriod of 30 days aftcr the datc on which a written request to inspect or copy the
record was served on or otherwise madc to the custodian of public rccords by thc
person seeking access to thc record. If a civil action is instituted within thc 30-day
period to enforce the provisions of this section with respcct to the rcqucsted record,
thc custodian of public records may not dispose of the rccord except by ordcr of a
court of competent jurisdiction aftcr notice to all affectcd partics.
(i) The absence of a civ~l action instituted for the purpose stated in paragraph
(e) does not relieve the custodian of public records of the duty to maintain the
record as a public record if thc record is in fact a public record subject to public
inspection and copying undcr this subsection and docs not otherwise excuse or
exonerate the custodian of public records from any unauthorized or unlawful
disposition of such rccord.
(2)(a) As an additional means of inspecting or copying public records, a
custodian of public records may provide access to public rccords by remote
electronic means, providcd exempt or confidential information is not disclosed.
(b) The custodian of public records shall provide safeguards to protect the
contents of public records from unauthorized remote electronic access or alteration
and to prevent the disclosure or modification of those portions of public records
which are exempt or confidential from subsection (1) or s. 24, Art. I of the State
Constitution.
(c) Unless otherwise required by law, the custodian of public records may
charge a fee for remote electronic access, granted under a contractual arrangement
with a user, which fee may includc the direct and indirect costs of providing such
access. Fccs for remote electronic access providcd to the general public shall be in
accordance \\~th the provisions of this section.
(3)(a) 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.
(b) 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 thc clerk of the circuit court where a
copy of the microfilm may be made available by the clerk.
240
GOVERNMENT-IN-THE -SUNSH1NE- MANUAL
(c) Photographing public records shall be done under the supervision of the
custodian of public records, who may adopt and enforce reasonable rules governing
the photographing of such records.
(d) Photographing of public records shall be done in the room where the public
records are kept. If, in the judgment of the custodian of public records, this is
impossible or impracticable, photographing shall be done in another room or place,
as nearly adjacent as possible to the room where the public records are kept, to be
determined by the custodian of public records. Where provision of another room or
place for photographing is reyuired, the expense of providing the same shall be paid
by the person desiring to photograph the public record pursuant to paragraph (4)(e).
(4) The custodian of public records shall furnish a copy or a certified copy of
the record upon paymcnt of the fee prescribed by law. I f a fee is not prescribcd by
law, thc following fecs are authorized:
(a) 1. Up to 15 cents per one-sided copy for duplicated copics of not more than
14 inches by 8'/, inches;
2. No more than an additional 5 cents for each two-sided copy; and
3. For all other copies, the actual cost of duplication of the public record.
(b) The charge for copies of county maps or aerial photographs supplied by
county constitutional officers may also include a reasonable charge for the labor and
overhead associatcd with their duplication.
(c) An agency may charge up to $1 per copy for a certified copy of a public
record.
(d) If the nature or volume of public records requestcd to be inspected or
copied pursuant to this subsection is such as to require extensivc usc of information
technology rcsources or extensive clcrical or supervisory assistance by pcrsonnel of
the agency involved, or both, thc agcncy mav charge, in addition to the actual cost
of duplication, a special service charge, which shall be reasonable and shall bc based
on the cost incurred for such cxtensiyc use of Information technology resources
or the labor cost of the personnel providing the scrvicc that is actually incurred by
the agency or attributable to the agency for the clerical and supcrvisory assistance
required, or both.
(e)l. 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.
2. The custodian of public records may charge the person making the
photographs for supervision services at a rate of compensation to bc agreed
upon by the person desiring to make the photographs and thc custodian of public
rccords. If they fail to agrec as to the appropriate charge, thc charge shall be
detcrmined by the custodian of public rccords.
241
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
(5) 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. If the ballots are being examined before the
end of the contest period in s. 102.1 (,8, the supervisor of clections shall make a
reasonable effort to notify all candidates by telephone or otherwise of the time and
place of the inspection or examination. ,\11 such candidates, or their representatives,
shall be allowed to be present during the inspection or examination.
(6) An exemption contained in this chapter or in any other general or special
law shall not limit the access of the Auditor Ceneral, the Office of Program Policy
Analysis and Government Accountability, or any state, county, municipal, university,
board of community college, school district, or special district internal auditor to
public records when such person states in writing that such records are needed
for a properly authorized audit, examination, or investigation. Such person shall
maintain the exempt or confidential status of that public record and shall be subject
to the same penalties as the custodian of that record for public disclosurc of such
rccord.
(7) i\n excmption from this section does not imply an exemption from s.
286.011. The exemption from s. 286.011 must be expressly provided.
(8) The provisions of this section arc not intended to expand or limit the
provisions of Rule 3.220, l'Iorida Rules of Criminal Procedure, regarding the right
and extent of discovery by the state or by a defendant in a criminal prosecution
or in collateral postconviction proceedings. This section may not be used by any
inmate as the basis for failing to timely litigate any postconviction action.
119.071 General exemptions from inspection or copying of public records..-
(1) AGENCY i\DMlNISTRATION.--
(a) Examination questions and answer sheets of examinations administered by
a governmental agency for the purpose of licensure, certification, or employment
are exempt from s. 119.07(1) and s. 24(a), An. I of the State Constitution.;\ pcrson
who has taken such an examination has the right to review his or her own completed
examination.
(b) La. Sealed bids or proposals received by an agency pursuant to invitations
to bid or requests for proposals are exempt from s. 119.07(1) and s. 24(a), Art. I of
the State Constitution until such time as the agency provides notice of a decision or
intended decision pursuant to s. 120.57(3)(a) or ,,~thin 10 days after bid or proposal
opening, whiche\'Cr is earlier.
b. If an agency rejects all bids or proposals submitted in response to an
invitation to bid or request for proposals and the agency concurrently provides
notice of its intent to reissue the invitation to bid or request for proposals, the
rejected bids or proposals remain exempt from s. 119'()7(1) and s. 24(a), A.rt. lof
the State Constitution until such time as the agency provides notice of a decision
or intended decision pursuant to s. 120.57(3)(a) concerning the reissued invitation
242
GOVERNMENT- IN- THE-S UNSH1NE -MAN UAL
to bid or request for proposals or until the agency withdraws the reissued invitation
to bid or request for proposals. This sub-subparagraph is subject to the Open
Government Sunset Review Act in accordance with s. 119.15 and shall stand
repealed on October 2, 2011, unless reviewed and saved from repeal through
reenactment by the Legislature.
2.a. ;\ competitive sealed reply in response to an invitation to negotiate, as
defined in s. 287.D12, is exempt from s. 119.07(1) and s. 24(a), Art. 1 of the State
Constitution until such time as the agency provides notice of a decision or intcnded
decision pursuant to s. 120.57(3)(a) or until 20 days after the final competitive
sealed replies are all opened, whichever occurs earlier.
b. If an agency rejects all competitive sealcd replies in response to an invitation
to negotiate and concurrently provides notice of its intent to reissue the invitation
to negotiate and reissues the invitation to negotiate within 90 days after the notice
of intent to reissue the invitation to negotiate, the rejected rcplies remain exempt
from s. 119'()7(1) and s. 24(a), Art. I of the State Constitution until such time as the
agency provides notice of a decision or intended decision pursuant to s. 120.57(3)
(a) concerning the reissued invitation to negotiate or until the agency withdraws the
reissued invitation to negotiate. A competitive sealed reply is not exempt for longer
than 12 months after the initial agency notice rejecting all replies.
c. This subparagraph is subject to the Open Covernmcnt Sunset Review j\ct
in accordance with s. 119.15 and shall stand repealed on October 2, 2011, unless
reviewed and saved from repeal through rcenactment by the Legislature.
(c) Any financial statement that an agency requires a prospective bidder to
submit in order to prequalify for bidding or for responding to a proposal for a road
or any other public works project is exempt from s. 119.07(1) and s. 24(a), j\rt. lof
the State Constitution.
(d) 1. A public record tint was prepared bv an agency attorney (including an
attorncv employed or rctaincd by the agency or employed or retained by another
public officer or agency to protect or represent the interests of the agency
having custody of the record) or prepared at the attorney's express direction, that
reflects a mental impression, conclusion, litigation strategy, or legal theory of
the attorney or the agency, and that was prcpared exclusively for civil or criminal
litigation or for adversarial administrative proceedings, or that was prepared
in anticipation of imminent civil or criminal litigation or imminent adversarial
administrative proceedings, is exempt from s. 119.07(1) and s. 24(a), ;\rt. I of the
State Constitution until the conclusion of the litigation or adversarial administrative
proceedings. For purposes of capital collateral litigation as set forth in s. 27.7001,
the Attorney Genetal's office is entitled to claim this exemption for those public
records prepared for direct appeal as well as for all capital collateral litigation after
direct appeal until execution of sentence or imposition of a life sentence.
2. This exemption is not waived by the release of such public record to
another public employee or officcr of the same agency or any person consulted by
the agency attorney. When asserting the right to withhold a public record pursuant
to this paragraph, the agcncy shall identify the potential partics to any such criminal
243
GOVERNMENT -IN- THE-S UNSHINE-MANUAL
or civil litigation or adversarial administrative proceedings. I f a court finds that
the document or other record has been improperly withheld under this paragraph,
the party seeking access to such document or record shall be awarded reasonable
attorney's fees and costs in addition to any other remedy ordered by the court.
(e) Any videotape or video signal that, under an agreement with an agency, is
produced, made, or received by, or is in the custody of, a federally licensed radio or
television station or its agent is exempt from s. 119.07(1).
(f ) Data processing software obtained by an agency under a licensing
agreement that prohibits its disclosure and which software is a trade secret, as
defined in s. 812.m\1, and agency-produced data processing software that is
sensitive are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
The designation of agency-produced software as sensitive shall not prohibit an
agency head from sharing or exchanging such software with another public agency.
(g) 1. United States Census Bureau address information, which includes maps
showing structure location points, agency records verifying addresses, and agency
records identifying address errors or omissions, held by an agency pursuant to the
Local Update of Census i\ddresses Program, Title 13, United States Code, Pub. L.
No. 103-430, is confidential and exempt from s. 119.07(1) and s. 24(a), An. I of the
State Constitution.
2. Such information may be released to another agency or governmental entity in
the furtherance of its duties and responsibilities under the Local Update of Census
i\ddresses Program.
3. 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.
4. This exemption is subject to the Open Government Sunset Review Act in
accordance with s. 119.15 and shall stand repealed October 2, 2012, unless reviewed
and saved from repeal through reenactment by the Legislature.
(2) i\GENCY INVESTIGATIONS.--
(a) 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. 1 of the State Constitution.
(b) Whenever criminal intelligence information or criminal investigative
information held by a non-Florida criminal justice agency is available to a Florida
criminal justice agency only on a confidential or similarly restricted basis, the Florida
criminal justice agency may obtain and use such information in accordance with the
conditions imposed by the providing agency.
(c) 1. Active criminal intelligence information and active criminal investigative
information are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
244
GOVERNMENT- IN- THE-SUNSHIN E- MANUAL
2.a. A request made by a law enforcement agency to inspect or copy a public
record that is in the custody of another agency and the custodian's response to the
request, and any information that would identify whether a law enforcement agency
has requested or received that public record are exempt from s. 119.07(1) and s. 24(a),
Art. I of the State Constitution, during the period in which the information constitutes
active criminal intelligence information or active criminal investigative information.
b. 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 lI1formalion is no longer active so that the
request made by the law enforcement agenc\', the custodian's response to the request,
and information that would identify whether the law enforcement agency had
requested or received that public record arc available to the public.
c. 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.
(d) Any information revealing surveillance techniques or procedures or personnel
is exempt from s. 119.07(1) and s. 24(a), :\rt. I of the State Constitution. Any
comprehensive inventory of state and local law enforcement resources compiled
pursuant to part 1, chapter 23, and any comprehensive policies or plans compiled
by a criminal justice agency pertaining to the mobilization, deployment, or tactical
operations involved in responding to emergencies, as defined in s. 252.34(3), are
exempt from s. 119.07(1) and s. 24(a), :\rt. 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 ;\ffairs, the Department
of Law Enforcement, or the Department of Community Affairs as having an official
need for access to the inventory or comprehensive policies or plans.
(e) Any information revealing the substance of a confession of a pcrson arrested
is exempt from s. 119.07(1) and s. 24(a), Art. 1 of the State Constitution, until such
time as the criminal case is finally dctermined by adjudicatIon, dismissal, or other final
disposition.
(f) Any information revealing the identity of a confidential informant or a
confidential source is exempt from s. 119.07(1) and s. 24(a), Art. 1 of the State
Constitution.
(g) 1.a. All complaints and other records in the custody of any agency which
relate to a complaint of discrimination relating to race, color, religion, sex, national
origin, age, handicap, or marital status in connection with hiring practices, position
classifications, salary, benefits, discipline, discharge, employee performance,
evaluation, or other related activities are exempt from s. 119.07(1) and s. 24(a), Art.
I of the State Constitution until a finding is made relating to probable cause, thc
investigation of the complaint becomcs inactive, or the complaint or other record is
made part of the official record of any hearing or court proceeding.
b, This provision shall not affect any function or activity of the Florida
Commission on Human Relations.
245
GOVERNMENT - IN-THE-SUNSHINE-MANUAL
c. i\ny 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.
2. When the alleged v;ctim chooses not to file a complaint and requests that
records of the complaint remain confidential, all records relating to an allegation
of employment discrimination arc confidential and exempt from s. I I 9.07(1) and s.
24(a), Art. I of the State Constitution.
3. This paragraph is subject to the Open C;overnment Sunset Review Act
in accordance with s. 119.15 and shall stand repealed on October 2, 2013, unless
reviewed and saved from repeal through reenactment by the Legislature.
(h)1. The following criminal intelligence information or criminal investigative
information is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the
State Constitution:
a. Any information, including the photograph, name, address, or other fact,
which reveals the identity of the victim of the crime of child abuse as defined by
chapter 827.
b. Any information which may reveal the identity of a person who is a victim
of any sexual offense, including a sexual offense proscribed in chapter 794, chapter
796, chapter 800, chapter 827, or chapter 847.
c. A photograph, videotape, or image of any part of the body of the victim of
a sexual offense prohibited under chapter 794, chapter 796, chapter 800, chapter
827, or chapter 847, regardless of whether the photograph, v;deotape, or image
identifies the v;ctim.
2. Criminal investigative information and criminal intelligence information
made confidential and exempt under this paragraph may be disclosed by a law
enforcement agency:
a. In the furtherance of its official duties and responsibilities.
b. For print, publication, or broadcast if the law enforcement agency
determines that such release would assist in locating or Identifying a person that
such agency believes to be missing or endangered. 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.
c. 'J() another governmental agency in the furtherance of Its official duties and
responsibilities.
3. This exemption applies to such confidential and exempt criminal intelligence
information or criminal investigative information held by a law enforcement agency
before, on, or after the effective date of the exemption.
4. This paragraph is subject to the Open C;overnment Sunset Review Act in
accordance with s. 119.15, and shall stand repealed on October 2, 2013, unless
246
GOVERNMENT-lN- THE-SUNSHINE- MANUAL
reviewed and saved from repeal through reenactment by the Legislature.
(i) Any criminal intelligence information or criminal invcstigative information
that reveals the personal assets of the victim of a crime, othcr than property stolen
or destroyed during the commission of the crime, is exempt from s. 119.07(1) and
s. 24(a), Art. I of the State Constitution.
(j) Any document that reveals the identity, home or employment telephone
number, home or employment address, or personal assets of the victim of a crime
and identifies that person as the victim of a crime, which document is received bv
any agency that regularly receives information from or concerning the victims of
crime, is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
Any information not otherwise held confidential or exempt from s. 119.07(1)
which reveals the home or employment telephone number, home or employment
address, or personal assets of a person who has been the victim of sexual battery,
aggravatcd child abuse, aggravated stalking, harassment, aggravated battery, or
domestic violence is exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution, upon written request by the victim, which must include official
verification that an applicable crime has occurred. Such information shall cease
to be exempt 5 years after the receipt of the written request. 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.
2.a. Any information in a videotaped statement of a minor who is alleged to be
or who is a victim of sexual battery, lewd acts, or other sexual misconduct proscribed
in chapter 800 or in s. 794.011, s. 827.071, s. 847.012, s. 847.D125, s. 847.013, s.
847.0133, or s. 847.(1145, which reveals that minor's identity, including, but not
limited to, the minor's face; the minor's home, school, church, or employment
telephone number; thc minor's home, school, church, or employment address; the
name of the minor's school, church, or place of emplovment; or the personal assets
of the minor; and which identifies that minor as the victim of a crime described in
this subparagraph, held by a law enforcement agency, is confidential and exempt
from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. 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.
b. A public employee or officer who has access to a videotaped statement of a
minor who is alleged to be or who is a victim of sexual battery, lewd acts, or other
scxual misconduct proscribed in chapter 800 or in s. 794.011, s. 827.071, s. 847.012,
s. 847.0125, s. 847.013, s. 847.0133, or s. 847.0145 may not \viJlfully and knowingly
disclose videotaped information that reveals the minor's identity to a person who
is not assisting in the investigation or prosecution of the alleged offense or to any
person other than the defendant, the defendant's attorney, or a person specified in an
order entered by the court having jurisdiction of the alleged offense. A person who
violates this provision commits a misdemeanor of the first degree, punishable as
provided in s. 775.082 or s. 775.083.
(3) SECURITY--
247
GOVERNMENT-IN - THE-SUNSHINE- MANUAL
(a) 1. j\s used in this paragraph, the term "sccurity system plan" includes all:
a. Records, information, photographs, audio and visual prcsentations,
schematic diagrams, surveys, recommendations, or consultations or portions
thereof relating directly to the physical sccurity of the facility or revealing security
systems;
b. Threat assessments conducted by any agcncy or any private entity;
c. Threat response plans;
d. Emergcncy cvacuation plans;
e. Sheltering arrangements; or
f. Manuals for security personnel, emeq!;ency equipment, or security training.
2. !\ security system plan or portion thereof for:
a. ;\ny property owned by or leascd to the state or any of its political
subdivisions; or
b. !\ny privately owned or leased property held by an agency is confidential
and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This
exemption is remedial in naturc, and it is thc intent of the Legislature that this
exemption apply to security system plans held by an agency before, on, or after the
effective date of this paragraph.
3. Information made confidential and exempt by this paragraph may be
disclosed by the custodian of public records to:
a. The property owner or leaseholder; or
b. Another state or federal agency to prevent, detect, guard against, respond
to, investigate, or manage the consequences of any attempted or actual act of
terrorism, or to prosecute those persons who arc responsible for such attcmpts or
acts.
(b)!. Building plans, blueprints, schematic drawings, and diagrams, including
draft, preliminary, and final formats, which depict the intcrnallayout and structural
elemcnts of a building, arena, stadium, water treatmcnt facility, or other structure
owned or operated by an agency ate exempt from s. 119,()7(1) and s. 24(a), ;\rt. I of
the State Constitution.
2. This cxemption applies to building plans, blueprints, schematic drawings,
and diagrams, including draft, preliminary, and final formats, which depict the
internal layout and structural elements of a building, arena, stadium, watcr
treatment facility, or other structure owned or operated by an agency before, on, or
after the effcctive date of this act.
3. Information made exempt by this paragraph may be disclosed:
248
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
a. To another governmental entity if disclosure is necessary for the receiving
entity to perform its duties and responsibilities;
b. Ti:J 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
c. Upon a showing of good cause before a court of competent jurisdiction.
4. The entities or persons receiving such information shall maintain the exempt
status of the information.
(c)1. 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, rctail and service development, office development, or hotel
or motel development, which rccords are held by an agency are excmpt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution.
2. This exemption applies to any such rccords held by an agency before, on,
or after the effective date of this act.
3. 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 the owner or owners of the structure in question or
the owner's legal representative; or upon a shO\ving of good cause before a court
of competent jurisdiction.
4. This paragraph docs not apply to comprehensive plans or site plans,
or amendments thereto, which are submitted for approval or which have been
approved under local land development regulations, local zoning regulations, or
development -of-regional- Impact review.
5. As used in this paragraph, the term:
a. "Attractions and recreation facility" means any sports, entertainment,
amusement, or recreation facility, including, but not limited to, a sports arena,
stadium, racetrack, tourist attraction, amusement park, or pari-mutuel facility that:
(I) For single-performance facilities:
(A) Provides single-performance facilities; or
(B) Provides more than 10,000 permanent seats for spectators.
(II) For serial-performance facilities:
(,\) Provides parking spaces for more than 1,000 motor vehicles; or
(B) Provides more than 4,000 permanent seats for spectators.
249
GOVERNMENT-lN- THE-SUNSHINE - MANUAL
b. "Entertainment or resort complex" means a theme park comprised of at Icast
25 acres of land with permanent exhibitions and a variety of recreational acti\~ties, which
has at least 1 million \~sitors annually who pay admission fees thereto, together with any
lodging, dining, and recreational facilities located adjacent to, contiguous to, or in close
proximity to the theme park, as long as the owners or operators of the theme park, or
a parent or related company or subsidiary thereof, has an equity interest in the lodging,
dining, or recreational facilities or is in privity therewith. Close proximity includes an area
within a 5-mile radius of the theme park complex.
c. "Industrial complex" means any industrial, manufacturing, processing,
distribution, warehousing, or wholesale facility or plant, as well as accessory uses
and structures, under common ownership that:
(I) Provides onsite parking for more than 250 motor vehicles;
(II) Encompasses 500,000 square feet or more of gross floor area; or
(III) Occupies a site of 100 acres or more, but excluding wholesale facilities or
plants that primarily serve or deal onsite with the general public.
d. "Retail and service development" means any retail, service, or wholesale
business establishment or group of establishments which deals primarily with the
general public onsite and is operated under one common property ownership,
development plan, or managcment that:
(I) Encompasses more than 400,000 square feet of gross floor area; or
(II) Provides parking spaces for more than 2,500 motor vehicles.
e. "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.
f. "Hotel or motel development" mcans any hotel or motel developmcnt that
accommodates 350 or more units.
(4) ACENCY PERSONNEL INFORM:\TION.-
(a) The social sccurity numbers of all current and former agency employees
which numbers arc held by the employing agency are confidential and exempt from
s. 119'()7(1) and s. 24(a), Art. I of the State Constitution. This paragraph is subject
to the Open Government Sunset Review Act in accordance 'J.~th s. 119.15 and shall
stand repealed on October 2, 2014, unless reviewed and saved from repeal through
reenactmen t by the Lcgisla ture.
0)) 1. Medical information pertaining to a prospective, current, or former
officer or employee of an agency which, if disclosed, would identify that
officer or employee is exempt from s. 119.07(1) and s. 24(a), Art. I of the Statc
Constitution. However, such information may be disclosed if the person to whom
the information pertains or the person's Icgal representative provides written
permission or pursuant to court order.
250
GOVERNMENT-lN- THE-SUNSHINE-MANUAL
2.a. Personal identifying information of a dcpendent child of a current or
former officer or employee of an agency, which dependent child is insured by an
agency group insurance plan, is exempt from s. 119.07(1) and s. 24(a), Art. I of
the State Constitution. For purposes of this exemption, "dependent child" has the
same mcaning as in s. 409.2554.
b. This exemption is remedial in nature and applics to personal identifying
information held by an agency before, on, or after the effective date of this
exemption.
c. This subparagraph is subject to thc Open Government Sunset Review Act
in accordance with s. 119.15 and shall stand repealed on Octobcr 2, 2014, unless
reviewed and saved from repeal through reenactment by thc Legislaturc.
(c) Any information revealing undetcover personnel of any criminal justice
agency is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(d) 1.a. The home addrcsses, telephone numbers, social security numbers,
and photographs of active or former law enforcement personnel, including
correctional and correctional probation officers, personnel of the Department
of Children and Family Services whose duties include the investigation of abuse,
neglect, exploitation, fraud, theft, or other criminal activities, personnel of the
Department of Health whose duties arc to support thc investigation of child abuse
or neglect, and personnel of thc Dcpartment of Rcvenue or local governments
whose responsibilities include revenue collection and enforcement or child support
cnforcement; thc home addresses, telcphone numbers, social security numbers,
photographs, and places of employment of the spouses and children of such
personnel; and the names and locations of schools and dav care facilities attended
by the children of such personnel are exempt from s. 119,(17(1).
b. The home addresses, telephone numbers, and photographs of firefighters
certified in compliance wirh s. 633.35; the home addresses, telephone numbers,
photographs, and places of employment of the spouses and children of such
fircfighters; and the names and locations of schools and day care facilities attended
by the children of such firefighters are exempt from s. 119.07(1).
c. The home addresses and telephone numbers of justices of the Supreme
Court, district court of appeal judges, circuit court judges, and county court judges;
the home addresses, telephone numbers, and places of employment of the spouses
and children of Justices and judges; and the names and locations of schools and
day care facilities atrended by the children of Justices and judges are exempt from s.
119.07(1).
d. The home addresses, telephone numbers, social security numbers,
and photographs of current or former state attorneys, assistant state atrorneys,
statewide prosecutors, or assistant statewide prosecutors; the home addresses,
telephone numbers, social security numbers, photographs, and places of
employment of the spouses and children of current or former state attorneys,
assistant state attorneys, statewide prosecutors, or assistant statewide prosccutors;
and the names and locations of schools and day care facilities attended by the
251
GOVERNMENT- IN- THE -sUNsHlNE- MANUAL
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. I of the State Constitution.
e. The home addresses and telephone numbers of general magistrates,
special magistrates, judges of compensation claims, administrative law judges of
the Division of Administrative Hearings, and child support enforcement hearing
officcrs; the home addresses, telephone numbers, and places of employment of
thc spouses and children of general magistrates, special magistrates, judges of
compensation claims, administrative law judges of the Division of Administrative
Hearings, and child support enforcement hearing officers; and the names and
locations of schools, and day care facilities attended by the children of general
magistrates, special magistratcs, judges of compensation claims, administrative law
judges of the Division of Administrative Hearings, and child support enforcement
hearing officers are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution if the gcneral magistrate, special magistrate, judge of compensation
claims, administrative law Judge of the Division of Administrative Hearings,
or child support hearing officer provides a written statement that the general
magistrate, special magistrate, judge of compensation claims, administrative law
judgc of the Division of Administrative Hearings, or child support hearing officer
has made reasonable efforts to protect such information from being accessible
through other means available to the public. This sub-subparagraph is subject to
the Opcn C;overnment Sunset Review Act in accordance with s. 119.15, and shall
stand repealed on October 2, 2013, unless reviewed and saved from repeal through
reenactment by the Legislature.
f. The home addresses, telephone numbers, and photographs of current or
former human resource, labor relations, or employee relations directors, assistant
directors, managcrs, or assistant managers of any local government agency or
watcr management district whose duties include hiring and firing employees, labor
contract negotiation, administration, or other personnel-related duties; the names,
home addresses, telephone numbers, and places of cmployment 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. I of the State Constitution.
g. The home addresses, telephone numbers, and photographs of current or
former code enforcement officers; the names, home addresses, telephone numbers,
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. I of the State
Constitution.
h. The home addresses, telephone numbers, places of employment, and
photographs of current or former guardians ad litem, as defined in s. 39.820, and
the names, home addresses, telephone numbers, and places of employment of the
spouses and children of such persons, are exempt from s. 119.07(1) and s. 24(a), Art.
I of the State Constitution, if the guardian ad litem provides a written statement that
the guardian ad litem has made reasonable efforts to protect such information from
being accessible through other means available to the public. This sub-subparagraph
252
GOVERNMENT -IN- THE-SUNsHlN E-MANUAL
is subject to the Open Government Sunset Rcview Act in accordance with s. 119.15
and shall stand repealed on October 2, 2010, unless reviewed and saved from repeal
through reenactment by the Legislature.
i. The home addresses, telephone numbers, and photographs of current
or former juvenile probation officers, juvenile probation supervisors, detention
superintendents, assistant detention superintendents, senior juvenile detention
officers, juveniJc detention officer supervisors, juvenile detention officers, house
parents 1 and 1I, house parent supervisors, group treatment leaders, group treatment
leader supervisors, rehabilitation therapists, and social services counselors of the
Department of Juvcnile Justice; the names, home addresses, telephone numbers, and
placcs of employment of 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 of the State Constitution.
This sub-subparagraph is subject to the Open C;overnment Sunset Review Act
in accordance with s. 119.15 and shall stand repealed on October 2,2011, unless
reviewed and saved from repeal through reenactment by the Legislature.
2. An agency that is the custodian of the information specified in subparagraph
1. shall maintain the exempt status of that information only if the officer, employee,
justice, judge, other person, or employing agency of thc designated employee
submits a written request for maintenance of the exemption to the custodial agency.
(5) OTHER PERSONAL INFORM:\TION.--
(al1.a. The Legislature acknowledges that the social security number was never
intended to be used for busincss purposes but was intended to be uscd solely for the
administration of the federal Social Sccurity System. The Legislature is further aware
that over time this uniquc numeric identifier has been used extensively for identity
verification purposes and other legitimate consensual purposcs.
b. 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.
c. The Legislature intends to monitor the use of social sccurity numbers held by
agencies in order to maintain a balanced public policy.
2.a. An agency may not collect an individual's social security number unless the
agency has stated in writing the purpose for its collection and unless it is:
(I) Spccifically authorized by law to do so; or
(II) Imperative for thc performance of that agency's dutics and responsibilities
as prescribed by la\v.
b. ,\n agency shall identify in writing the specific federal or srate law governing
the collection, use, or release of social sccurity numbers for each purpose for which
the agency collects the social security number, including any authorized exceprions
253
GOVERN MENT -IN- THE-5UNsHlNE- MAN UAL
that apply to such collection, use, or release. Each agency shall ensure that the
collection, use, or release of social security numbers complies with the specific
applicable federal or state law.
c. Social security numbers collected by an agency may not be used by that
agency for any purpose other than the purpose prov;ded in the written statement.
3. An agency collecting an individual's social security number shall, provide
that individual with a copy of the written statement required in subparagraph 2.
The written statcment also shall state whether collection of the individual's social
security number is authori:<ed or mandatory under fcderal or statc lavv.
4. Each agency shall review whether irs collection of social security numbers
is in compliance with subparagraph 2. If the agency determines that collection of
a social security number is not in compliance \vith subparagraph 2, the agency shall
immediately discontinue the collection of social sccurity numbers for that purpose.
5. Social security numbers held by an agency are confidential and exempt from
s. 119.07(1) and s. 24(a), An. I of the State Constitution. This exemption applics to
social security numbers held by an agency before, on, or after the effective date of
this exemption. This cxemption does not supcrsedc any federal law prohibiting the
relcase of social security numbers or any other applicable public records exemption
for social security numbers existing prior to May 13,2002, or created thereafter.
6. Social security numbers held by an agency may be disclosed if any of the
following apply:
a. The disclosure of the social security number is expressly required by federal
or state law or a court order.
b. The disclosure of thc social sccurity number is necessary for the receiving
agency or governmental entity to perform its duties and responsibilities.
c. The individual expressly consents in writing to the disclosure of his or her
social security number.
d. The disclosure of the social security number is made to comply \N1th the
USA Patriot i\ct of 2001, Pub. L No. 107-56, or Presidential Executive Order
13224.
e. The disclosure of the social security number is made to a commercial entity
for the permissible uses set forth in the federal Driver's Privacy Protection j\ct
of 1994, 18 U.s.e:. ss. 2721 et seq., the Fair Credit Reporting Act, 15 USe:. ss.
1681 et seq., or the Financial Services Modernization Act of 1999, 15 U.s.e. ss.
6801 et seq., provided that the authorized commercial entity complies with the
requirements of this paragraph.
f. The disclosure of the social security number is for the purpose of the
administration of health benefits for an agency employee or his or her dependents.
g. The disclosure of the social security number is for the purpose of
254
GOVERNMENT-IN -THE -sUNsHINE- MANUAL
the administration of a pension fund administered for the agency employee's
retirement fund, dcferrcd compensation plan, or defined contribution plan.
h. Thc disclosure of thc social security number is for the purpose of the
administration of the Uniform Commercial Code by the office of the Secretary of
State.
7.a. For purposes of this subsection, the term:
(I) "Commercial activity" means the permissible uses set forth in the federal
Driver's Privacy Protection Act of 1994, 18 U.s.e. ss. 2721 et seq., the Fair Credit
Reporting Act, 15 U.s.e. ss. 1681 et seq., or the Financial Services Modernization
Act of 1999, 15 U.s.e. ss. 6801 et seq., or verification of the accuracy of personal
information received by a commercial entity in the normal course of its business,
including identification or prevention of fraud or matching, verifying, or retrieving
information. 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.
(II) "Commercial entity" means any corporation, partnership, limited
partnership, proprietorship, sole proprietorship, firm, enterprise, franchise, or
association that pcrforms a commercial acti\City in this state.
b. An agency may not deny a commercial entity engaged in the performance of
a commercial activ;ty access to social security numbers, providcd the social security
numbers ,,~ll be used only in the performancc of a commcrcial activity and provided
the commercial entity makes a written request for the social security numbers. The
written request must:
(I) Be verified as provided in s. 92.525;
(II) Be legibly signed by an authorized officer, employee, or agent of the
commercial entity;
(III) Contain the commercial entity's name, business mailing and location
addresses, and business telephone number;
(IV) Contain a statement of the spccific purposes for which it needs the
social security numbers and how the social security numbers will be used in the
performance' of a commercial activity, including the identification of any specific
federal or state law that permits such use.
c. An agency may request any other information reasonably nccessary to verify
thc identity of a commercial entity requesting the social security numbers and the
specific purposes for which the numbers will bc used.
8.a. Any person who makes a false representation in order to obtain a social
security number pursuant to this paragraph, or any person who willfully and
knowingly violates this paragraph, commits a felony of the third degree, punishable
as provided in s. 775.082 or s. 775'()83.
255
GOVERNMENT -IN- THE -sUNsHlNE- MANUAL
b. Any public officer who violates this paragraph commits a noncriminal
infraction, punishable by a finc not excecding $500 per violation.
9. Any affected person may petition the circuit court for an order dirccting
compliance with this paragraph.
(b) Bank account numbers and debit, chargc, and credit card numbers
held by an agency are exempt from s. 119.07(1) and s. 24(a), Art. I of the State
Constitution. This exemption applies to bank account numbers and debit, charge,
and credit card numbcrs held by an agcncy beforc, on, or after the effective date of
this exemption.
(c)1. For purposes of this paragraph, the term:
a. "Child" mcans any person younger than 18 ycars of age.
b. "C;overnment-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, namre programs,
summer camps, or other recreational programs.
2. Information that would identify or locate a child who participates in a
government-sponsored recreation program is cxempt from s. 119.07(1) and s. 24(a),
Art. I of the State Constitution.
3. Information that would identify or locate a parent or guardian of a child
who participates in a govcrnment-sponsored recreation program is exempt from s.
119.07(1) and s. 24(a), Art. I of the State Constitution.
4. This exemption applies to records held before, on, or after the effective
date of this exemption.
(d) i\1I records supplied by a telecommunications company, as defined by s.
364.02, to an agency which contain the name, address, and telcphone number of
subscribers are confidcntial and exempt from s. 119.07(1) and s. 24(a), Art. I of the
State Constitution.
(c) Any information provided to an agency for the purpose of forming
ridesharing arrangements, which information reveals the identity of an individual
who has prm;ded his or her name for ridesharing, as defined in s. 341.()31, is
exempt from s. 119.07(1) and s. 24(a), l\rt. I of the State Constitution.
(f) Medical history rccords and information related to hcalth or property
insurance provided to the Dcpartment of Community Affairs, the Florida Housing
Finance Corporation, a county, a municipality, or a local housing finance agency
by an applicant for or a participant in a federal, state, or local housing assistance
program are confidential and exempt from s. 119.07(1) and s. 24(a), !\rt. I of the
State Constitution. C;overnmental entities or their agents shall have access to such
confidential and exempt records and information for the purpose of auditing
fcderal, state, or local housing programs or housing assistance programs. Such
256
GOVERNMENT- IN- THE-S UNsHINE- MANUAL
confidential and exempt records and information may be used in any administrative
or judicial procceding, provided such records are kept confidential and exempt
unless otherwise ordered by a court.
(g)1. Biometric identification information held by an agency before, on, or
after the effective date of this exemption is exempt from s. 119.07(1) and s. 24(a),
Art. I of the State Constitution. As used in this paragraph, the term "biometric
identification information" means:
a. Any record of friction ridge detail;
b. Fingerprints;
c. Palm prints; and
d. Footprints.
2. This exemption applies to petsonal identifying information of an applicant
for or a recipient of para transit services which is held by an agency before, on, or
after the effective date of this exemption.
(h) 1. Personal identifying information of an applicant for or a recipient of
paratransit services which is held by an agency is confidential and exempt from s.
119.07(1) and s. 24(a), .\rt. I of the State Constitution.
2. This exemption applies to personal identifying information of an applicant
for or a recipient of para transit services which is held by an agency before, on, or
after the effective date of this exemption.
3. Confidential and exempt personal identifying information shall be disclosed:
a. With the express written consent of the indi\;dual or the individual's legally
authorized representative;
b. In a medical emergency, but only to the extent that is necessary to protect
the health or life of thc individual;
c. By court order upon a showing of good cause; or
d. To another agency in the performance of its duties and responsibilities.
4. This paragraph is subject to the Open Government Sunset Review Act
in accordance with s. 119.15 and shall stand repealed on October 2, 2011, unless
reviewed and saved from repeal through reenactment by the ] ,egislature.
(i) 1. For purposes of this paragraph, "identification and location information"
mcans the:
a. Home address, telephone number, and photograph of a current or former
United States attorney, assistant United States attorney, Judge of the United States
Courts of Appeal, United States district Judge, or United States magistrate;
257
GOVERNMENT - IN- THE-sUNsHlNE-MANUAL
b. Home address, telephone number, photograph, and place of employment of
the spouse or child of such attorney, judge, or magistrate; and
c. Name and location of the school or day care facility attended by the child of
such attorney, judge, or magistrate.
2. Identification and location information held by an agency is exempt from
s. 119.07(1) and s. 24(a), Art. [ of the State Constitution if such attorney, judge, or
magistrate submits to an agency that has custody of the identification and location
information:
a. ,\ written request to excmpt such information from public disclosure; and
b. i\ written statement that he or she has made reasonable efforts to protect the
identification and location information from being accessible through other means
available to the public.
119.0711 Executive branch agency exemptions from inspection or copying
of public records.--
When an agency of the executive branch of state govcrnment seeks to
acquire real property by purchasc or through the exercise of the power of eminent
domain, all appraisals, othcr reports relating to value, offers, and counteroffers
must be in writing and arc exempt from s. 119.07(1) and s. 24(a), l\rt. [ 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. The agency shall not finally accept the offer for a period of 30 days in
order to allow public review of the transaction. The agency may give conditional
acceptance to any option or offer subject only to final acceptance by the agency
after the 30-day review period. If a valid option contract is not executed, or
if a written offer to sell is not conditionally accepted by the agency, then the
exemption shall expire at the conclUSIOn of the condemnation litigation of the
subject property. l\n agency of the executive branch may exempt title information,
including names and addresses of property owners whose property is subject to
acquisition by purchase or through the exercise of the power of eminent domain,
from s. 119.07(1) and s. 24(a), l\rt. I of the State Constitution to the same extent as
appraisals, other reports relating to value, offers, and counteroffers. For the purpose
of this subsection, the term "option contract" means an agreement of an agency
of the executive branch of state government to purchase rcal property subject
to final agency approval. This subsection has no application to other exemptions
from s. 119.07(1) which are containcd in other provisions of law and shall not be
construed to be an express or implied repeal thereof.
119.0712 Executive branch agency-specific exemptions from inspection or
copying of public records.--
(1) DEPARTMENT OF HEAlTH.--
All personal identifying information contained in records relating to an
258
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
individual's personal health or eligibility for health-related services held by the
Department of Health are confidential and exempt from s. 119.07(1) and s. 24(a),
Art. I of the State Constitution, except as orherwise provided in this subsection.
Information made confidential and excmpt by this subsection shall be disclosed:
(a) With the express written consent of the indi\;dual or the individual's legally
authorized representative.
(b) In a medical emergency, but only to the extent necessary to protect the
health or life of the individual.
(c) By court order upon a showing of good cause.
(d) To a health research entity, if the entity seeks the records or data pursuant
to a research protocol approved by the department, maintains the records or data
in accordance with the approved protocol, and enters into a purchase and data-use
agreement with the department, the fee provisions of which are consistent with s.
119.07(4). The department may deny a request for records or data if thc protocol
provides for intrusive follow-back contacts, has not been approved by a human
studies institutional rcvicw board, does not plan for the destruction of confidential
records after the research is concluded, is administratively burdensome, or does not
have scientific merit. The agreement must restrict the release of any information
that would permit the identification of persons, limit the use of records or data to
the approved research protocol, and prohibit any other use of the records or data.
Copies of records or data issued pursuant to this paragraph remain the property of
the department.
(2) DEPARTMENT OF HI(;I-IWAY SAFETY J\ND MOTOR VEHlCLES.--
(a) For purposes of this subsection, the term "motor vehicle record" means any
record that pertains to a motor vehicle operator's permit, motor vehicle title, motor
vehicle registration, or identification card issued by the Department of Highway
Safety and Motor Vehicles.
(b) Personal information, including highly restricted personal information as
defined in 18 USe. s. 2725, contained in a motor vehicle record is confidential
pursuant to the federal Driver's Privacy Protection Act of 1994,18 USe. ss. 2721
et seq. Such information may be released only as authorized by that act; however,
information received pursuant to that act may not be used for mass commercial
solicitation of clients for litigation against motor vehicle dealers.
(c)l. Emergency contact information contained in a motor vehicle is
confidential and exempt from s. 119.07(1) and s. 24(a), .\rt. I of the State
Constitution.
2. Without the express conscnt of the person to whom such emergency
contact information applies, the emergency contact information contained in a
motor vehicle record
(d) The department may adopt rules to carry out the purposes of this
259
GOVERNMENT -IN- THE-sUNsHlNE- MANUAL
subsection and the federal Drivcr's Privacy Protection Act of 1994, 18 USe. ss.
2721 et seg. Rules adopted by the department may provide for the payment of
applicable fees and, prior to the disclosurc of personal information pursuant to
this subscction or the federal Driver's Privacy Protection '\ct of 1994, 18 USe. ss.
2721 et seq., may require the meeting of conditions by the requesting person for
the purposcs of obtaining reasonable assurance concerning the identity of such
requesting person, and, to the extent required, assurance that the use will be only
as authorized or that the consent of the person who is the subjcct of the perso~al
information has been obtained. Such conditions may include but need not be
~ ,
limited to, the making and filing of a written application in such form and containing
such information and certification requirements as the departmcnt requires.
119.0713 Local government agency exemptions from inspection or copying
of public records.--
(1) All complaints and other records in the custody of any unit of local
government which relatc to a complaint of discrimination relating to race, color,
religion, sex, national origin, age, handicap, marital status, sale or rental of housing,
the provision of brokerage services, or the financing of housing are cxempt from
s. 119.07(1) and s. 24(a), Art. I of the State Constitution until a finding is made
relating to probable cause, the investigation of the complaint becomes inacrive, or the
complaint or other record is made part of thc official record of any hearing or court
proceeding. This provision shall not affect any function or activity of the Florida
Commission on Human Relations. Any state or federal agcncy that is authorized to
have access to such complaints or records by any provision of law shall bc grantcd
such access in the furtherance of such agency's statutory duties. This subsection shall
not be construed to modify or repeal any special or local act.
(2) The audit report of an internal auditor prepared for or on behalf of a unit
of local government becomes public record when the audit becomes final. As used
in this subsection, thc 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. An audit becomes final when the audit report is
presented to the unit of local government. j\udit workpapers and notes related to
such audit report arc confidential and exempt from s. 119.07(1) and s. 24(a), Art. lof
the State Constitution until the audit is completed and the audit report becomes final.
(3) Any data, record, or document used directly or solely by a municipally owned
utility to preparc and submit a bid relative to the sale, distribution, or use of any
service, commodity, or tangible personal property to any customer or prospective
customer is cxempt from s. 119.07(1) and s. 124(a), Art. I of the State Constitution.
This excmption commcnces when a municipal utility identifics in writing a specific
bid to which it intends to respond. This exemption no longer applies when the
contract for sale, distribution, or use of the service, commodity, or tangible pcrsonal
property is executed, a decision is made not to execute such contract, or the project
is no longer under active consideration. The exemption in this subsection includes,
the bid documents actually furnished in response to the requcst for bids. Howevcr,
the exemption for the bid documents submitted no longer applies after the bids are
260
GOVERNMENT-lN- THE-SUNSHINE -MANUAL
opened by the customer or prospective customer.
119.0714 Court files; court records; official records.--
(1) COURT FILl'S--Nothing in this chapter shall be construed to exempt
from s. 119.07(1) a public record that was made a part of a court file and that is not
specifically closed by order of court, except:
(a) 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).
(b) Data processing software as provided in s. 119.071 (1 )(f ).
(c) Any information revealing surveillance techniques or procedures or
personnel as provided in s. 119.071 (2) (d).
(d) Any comprehensive inventory of state and local law enforcement
resources, and any comprehensive policies or plans compiled by a criminal justice
agency, as provided in s. 119.071(2)(d).
(e) Any information revealing the substance of a confession of a person
arrested as provided in s. 119.071 (2) (e).
(f) i\ny information revealing the identity of a confidential informant or
confidential source as provided in s. 119.071(2)(f).
(g) Any information revealing undercover personnel of any criminal justice
agency as pr",;ded in s. 119.071(4)(c).
(h) Information or records that may reveal the identity of a person who is a
,;ctim of a sexual offense as provided in s. 119.071 (2) (h).
(i) Social security numbers as provided in s. 119.071 (5) (a).
(j) Bank account numbers and debit, charge, and credit card numbers as provided
in s. 119.071 (5) (b).
(2) COURT RECORDS.--
(a) Until January 1, 2011, if a social security number or a bank account, debit,
charge, or credit card number is included in a court file, such number may be included
as part of the court record available for public inspection and copying unless
redaction is requested by the holder of such number or by the holder's attorney or
legal guardian.
(b) :\ request for redaction must be a signed, legibly written request specifying
the case name, case number, document heading, and page number. The request must
be delivered bv mail, facsimile, electronic transmission, or in person to the clerk of
the court. The clerk of the court does not have a duty to inquire beyond the written
request to verify the identity of a person requesting redaction.
261
GOVERNMENT- IN- THE-s UNSHINE-MANUAL
(c) A fee may not be charged for the redaction of a social security number or a
bank account, debit, charge, or credit card number pursuant to such request.
(d) The clerk of the court has no liability for the inadvertent release of social
security numbers, or bank account, debit, charge, or credit card numbers, unknown
to the clerk of the court in court records filed on or before January 1, 2011.
(e)l. OnJanuary 1, 2011, and thereafter, the clerk of the court must keep
social security numbers confidcntial and exempt as provided for in s. 119.071 (5) (a),
and bank account, debit, charge, and credit card numbers exempt as provided for in
s. 119.071 (5) (b), without any person having to request redaction.
2. Section 119.071 (5) (a)7. and 8. docs not apply to the clerks of the court with
respect to court records.
(3) OFFICIAL REC:ORDS.--
(a) Any person who prepares or files a record for recording in the official records
as provided in chapter 28 may not include in that record a social security number
or a bank account, debit, charge, or credit card number unless otherwise expressly
required by law.
(b)l. If a social security number or a bank account, debll, charge, or credit
card number is included in an official record, such numbcr may be made available
as part of the official records available for public inspection and copying unless
redaction is requested by the holder of such number or bv the holder's attorney or
legal guardian.
2. If such record is in electronic format, on January 1, 2011, and thereafter,
the county recorder must use his or her best effort, as providcd in paragraph
(h), to keep social security numbers confidential and exempt as provided for in s.
119.071 (5)(a), and to keep complete bank account, debit, charge, and crcdit card
numbers exempt as provided for in s. 119.071 (5)(b), \\;thout any person having to
request redaction.
3. Section 119.071 (5) (a)7. and 8. does not apply to the county recorder \\~th
respect to official records.
(c) Thc holder of a social security number or a bank account, debit, charge,
or credit card number, or the holdcr's attorney or legal guardian, may rcquest that
a county recorder redact from an image or copy of an official record placed on
a county recorder's publicly available lntcrnet website or on a publicly available
Internet website used by a county recordcr 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.
(d) A request for redaction must be a signed, legibly written request and must
be delivered by mail, facsimile, electronic transmission, or in person to the county
recorder. The request must specify the identification page number of the record
that contains the number to be redacted.
262
GOVERNM ENT -IN -THE-s UNsHIN E- MANUAL
(e) The county recorder does not have a duty to inquire beyond the written
request to verify the identity of a person requesting redaction.
(f) A fee may not be charged for redacting a social security number or a bank
account, debit, charge, or credit card number.
(g) A county recorder shall immediately and conspicuously post signs
throughout his or hcr offices for public viewing, and shall immediately and
conspicuously post on any Internet website or remote electronic site made available
by the county recorder and used for the ordering or display of official records or
images or copies of official tecords, a notice stating, in substantially similar form, the
following:
1. On or after October 1, 2002, any person preparing or filing a record for
recordation in the official records may not include a social security number or a bank
account, debit, charge, or credit card number in such document unless required by
law.
2. Any person has a right to request a county recorder to remove 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 general
public, any social security number contained in an official record. Such request
must be made in writing and delivered by mail, facsimile, or electronic transmission,
or delivered in person, to the county recorder. The request must specify the
identification page number that contains the social security number to be redactcd.
A fee may not be charged for the redaction of a social security number pursuant to
such a request.
(h) If the county recorder accepts or stores official records in an electronic
format, the county recorder must use his or her best efforts to redact all social
security numbcrs and bank account, debit, charge, or credit card numbers from
electronic copies of the official record. The use of an automated program for
redaction shall be deemed to be the best effort in performing the redaction and shall
be deemed in compliance \V~th the requirements of this subsection.
(i) The county recorder is not liable for the inadvertent release of social security
numbers, or bank account, debit, charge, or credit card numbers, filed with the
county recorder.
119.084 Copyright of data processing software created by governmental
agencies; sale price and licensing fee.--
(1) i\S used in this section, "agency" has the same meaning as in s. 119.011 (2),
except that the term does not include any private agency, person, partnership,
corporation, or busincss entity.
(2) An agency is authorized to acquire and hold a copyright for data
processing software created by the agency and to enforce its rights pertaining to
263
GOVERNMENT -IN- THE -S UNSHlNE- MANUAL
such copyright, providcd that the agency complies with the requirements of this
subsection.
(a) An agency that has acquired a copyright for data processing software
created by the agency may sell or license the copyrighted data processing software
to any public agency or private person. The agency may establish a pricc for the sale
and a licensing fee for the use of such data processing software that may be based
on market considcrations. 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 detetmined pursuant to s. 119.07(4).
(b) Proceeds from the sale or licensing of copyrighted data processing software
shall be deposited by the agency into a trust fund for the agency's appropriate use
for authorized purposcs. Counties, municipalities, and other political subdivisions
of the state may designate how such sale and licensing proceeds are to be used.
(c) The provisions of this subsection are supplemental to, and shall not
supplant or repeal, any other provision of law that authorizes an agency to acquire
and hold copyrights.
119.092 Registration by federal employer's registration number.--Each
state agency which registers or licenses corporations, partnerships, or other
business entities shall include, by July 1, 1978, within its numbering system, the
federal employer's identification number of each corporation, partnership, or
other business entity registered or licensed bv it. Any state agency may maintain a
dual numbering system in which the federal employer's Identification number or
the state agency's own number is the primary Identification number; however, the
records of such state agency shall be designed in such a way that the record of any
business entity is subject to direct location by the federal employer's identification
number. The Department of State shall keep a registry of federal employer's
identification numbers of all business entities, registered With the Division of
Corporations, which registry of numbers may be used by all state agencies.
119.10 Violation of chapter; penalties.--
(1) Any public officer who:
(a) Violates any provision of this chaptet commits a noncriminal infraction,
punishable by fine not exceeding $500.
(b) Knowingly violates the provisions of s. 119.07(1) is subject to suspension
and removal or impeachment and, in addition, commits a misdemeanor of the first
degrce, punishablc as provided in s. 775.082 or s. 775.083.
(2) Any person who willfully and knowingly violates:
(a) Any of the provisions of this chapter commits a misdemeanor of the first
degree, punishable as provided in s. 775.082 or s. 775.083.
264
GOVERNMENT- IN- THE-s UNSHlNE-MANUAL
(b) Section 119.105 commits a felony of the third degree, punishable as provided
in s. 775.082, s. 775.083, or s. 775.084.
119.105 Protection of victims of crimes or accidents.--Police reports are
public records except as otherwise made exempt or confidential. Every person
is allowed to examine nonexempt or non confidential police reports. A person
who comes into possession of exempt or confidential information contained in
police reports may not use that information for any commercial solicitation of the
victims or relatives of the victims of the reported crimes or accidents and may
not knowingly disclose such information to any third party for the purpose of
such solicitation during the period of time that information remains exempt or
confidential. This section does not prohibit the publication of such information to
the general public by any news media legally entitled to possess that information or
the use of such information for any other data collection or analysis purposes by
those entitled to possess that information.
119.11 Accelerated hearing; immediate compliance.--
(1) Whenever an action is filed to enforce the provisions of this chapter, the
court shall set an immediatc hearing, giving the case priority over other pending
cases.
(2) Whenever a court orders an agency to open its records for inspection in
accordance with this chapter, the agency shall comply with such order within 48
hours, unless otherwise providcd by the court issuing such order, or unless the
appellate court issues a stay order within such 48-hour period.
(3) A stay order shall not be issued unless the court determines that there
is a substantial probability that opening the records for inspection ,,~ll result in
significant damagc.
(4) Upon service of a complaint, counterclaim, or cross-claim in a cidl action
broughr 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 inspectcd and
examincd, notwithstanding the applicability of an exemption or the assertion that
the requested record is not a public record subject to inspection and cxamination
undcr s. 119.07(1), until the court directs otherwise. The person who has custody
of such public record may, however, at any time peruut inspection of the requested
record as provided in s. 119.07(1) and other provisions of law.
119.12 Attorney's fees.--lf a civil action is filed against an agency to enforce
the provisions of this chapter and if the court determines that such agency
unlawfully refused to permit a public record to be inspecred or copied, the court
shall assess and award, against the agency responsible, the reasonable costs of
enforccment including reasonable attorneys' fees.
119.15 Legislative review of exemptions from public meeting and public
265
GOVERNMENT-IN -THE -SUNSHINE -MAN UAL
records requirements.--
(1) This section may be cited as the "Open Government Sunset Review Act."
(2) This section provides for the review and repeal or reenactment of an
exemption from s. 24, Art. I of the Stare Constitution and s. 119.07(1) or s. 286.011.
This act does not apply to an exemption that:
(a) Is required by federal law; or
(b) Applies solely to the Legislature or the State Court System.
(3) In the 5th year after enactment of a new exemption or substantial
amendment of an existing exemption, the exemption shall be repealed on October
2nd of the 5th year, unless the l.egislature acts to reenact the exemption.
(4)(a) A law that enacts a new exemption or substantially amends an existing
exemption must state that the record or meeting is:
1. Exempt from s. 24, Art. I of the State Constitution;
2. Exempt from s. 119.07(1) or s. 286.011; and
3. Repealed at the end of 5 years and that the exemption must be reviewed by
the Legislature before the scheduled repeal date.
(b) For purposes of this section, an excmption is substantially amended if
the amendment expands the scope of the exemption to include more records
or information or to include meetings as well as records. An exemption is not
substantially amended if the amendment narrows the scope of the exemption.
(c) This section is not intended to repeal an exemption that has been amended
following legislative re,;ew before the scheduled repeal of the exemption if the
exemption is not substantially amended as a result of the review.
(5)(a) By June 1 in the year before the repeal of an exemption under this
section, the Division of Statutory Revision of the Office of Legislative Scrvices
shall certify to the President of the Senate and the Speaker of the House of
Representatives the language and starutory citation of each exemption scheduled for
repeal the following year.
(b) Any exemption that is not identified and certified to the President of the
Senate and the Speaker of the House of Representatives is not subject to lcgislative
review and repeal under this section. If the division fails to certify an exemption that
it subsequently determincs should have been certified, it shall include the exemption
in the follov.~ng year's certification after that determination.
(6)(a) As part of the review process, the l.egislature shall considcr the
following:
1. What specific records or meetings arc affected by the exemption?
266
GOVERNMENT-IN - THE-sUNSHIN E- MANUAL
2. Whom does the exemption uniquely affect, as opposed to the general
public?
3. What is the identifiable public purpose or goal of the exemption?
4. Can the information contained in the records or discussed in the meeting be
readily obtained by alternative means? I f so, how~
5. Is the record or meeting protected by another exemption~
6. Are there multiple exemptions for the same type of record or meeting that it
would be appropriate to merge~
(b) 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 purposc it serves. An identifiable public purpose is served if
the exemption meets one of the following purposes and the Legislature finds that
the purpose is sufficiently compelling to override the strong public policy of open
government and cannot be accomplished without the exemption:
1. Allows the state or its political subdivisions to effectively and efficiently
administcr a governmental program, which administration would be significantly
impaired \V~thout the exemption;
2. Protects information of a sensitive personal nature concerning individuals,
the release of which information would be defamatory to such individuals or
cause unwarranted damage to the good name or reputation of such individuals
or would jeopardize the safety of such individuals. However, in exemptions under
this subparagraph, only in formation that would identify the individuals may be
exempted; or
3. Protects information of a confidential nature concerning entities, including,
but not limited to, a formula, pattern, device, combination of devices, or compilation
of information which is used to protect or further a bUSiness advantage over those
who do not know or use it, the disclosure of which information would injure the
affected entity in the marketplace.
(7) Records made before the date of a repeal of an exemption under this
section may not be made public unless otherwise provided by law. 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.
(8) Notwithstanding s. 768.28 or any othcr 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. The failure of the Legislature to comply strictly \\~th this section
does not invalidate an otherwise valid reenactment.
267
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
D. Exempt, confidential and limited access public documents and meetings-
-exemption summaries. It is recommended that these summaries be used
as a reference only--interested parties should refer to the full text in the
Florida Statutes before drawing legal conclusions.
NOTE: DUE TO SI':\CE LIMITXrIONS, THE EXErv[I'TlONS
FRO,'v[ DlSCLOSCRE FOUND IN CH,\l'TER 11') (rHI';
PUBLIC RECORDS ACT) ARE NOT SllMi\.1..:\RI/JeD IN THIS
APPENDIX. PLEASE REFER TO i\Pl'ENDlX C (CONTAININC
THE COMPLE'JT\ TEXT OF CH. 119) FOR THE CH. 119
EXEMPTIONS.
Section 11.0431(2), ES. -- The text of s. 11.0431, FS., relating to
exemptions from disclosure for legislative rccords, is set forth in Appendix F
Section 11.045(5)(b), ES. n Thc lq,>islative committec responsible for
ethical conduct of lobbyists shall make sufficient deletions in advisory opinions
issued pursuant to this subsection to prevent disclosing the identity of persons in the
decisions or opinions.
Section 11.26(1), ES. -- Subject to s. l1.()431, legislative employees may
not reveal to anyone outside the area of their direct responsibility the contents or
nature of any request for services made by a legislator except with thc consent of the
member making the request.
Section 11.45(3)(i), ES. n The identity of a donor or prospective donor to
Enterprise Florida, lnc., who desires to remain anonymous is confidential and exempt
from public disclosure requirements and such anonymity shall be maintained in the
auditor's report.
Section 11.45(3)(j), ES. -. The identity of a donor or prospective donor to
the capital development board who desires to remain anonymous is confidential and
cxempt from public disclosure requirements and such anonymity shall be maintained
in thc auditor's report.
Section 11.45(4)(c), ES. -- Audit reports prepared by the Auditor C;eneral
become public records when final. l\udit workpapers and notes are not public
records; however, those materials necessary to support the computations in the
final audit report may be made available by majority votc of the Lcgislative Auditing
Committee after a public hearing showing proper causc.
Section 14.28, ES. n All records developed or received by a state entity
relating to a Board of Executive Clemency investigation are exempt from disclosure;
howevcr, such records may be released upon the approval of the Governor.
Section 15.07, ES. -- The journal of the executivc session of the Senate
shall be kept free from inspection or disclosure except upon order of the Senate or
court of competent jurisdiction.
Section 17.0401, ES. -- Except as otherwise providcd by this scction,
268
GOVERNMENT-IN- THE-SUNSHINE-MANUAL
information relative to an investigation by the Division of Accounting and Auditing
of the Department of Financial Services pursuant to s. 17.04 is confidential and
exempt from disclosure until the investigation is complete or ceases to be active,
or if the division submits such information to a law enforcement or prosecutorial
agency, until that agency's investigation is complete or ceases to be active as that
term is defined in the section.
Section 17.076(5), F.S. -- All direct deposit records made prior to October
1,1986, are exempt from s. 119.07(1). With respect to direct deposit records made
on or after October 1, 1986, the names of thc authorized financial institutions and
the account numbets of the beneficiaries, as defined in the section, are confidential
and exempt.
Section 17.325(3), F.S. -- .\ call on the governmental efficiency hotline
established bv the Chief Financial Officer under this section mal' be anonymous
. , ,
and, if the caller provides hiS or her name, the name is confidential.
Section 20.055(5)(b), F.S. Inspector general audit workpapers and
reports are public records to the extent that they do not include information which
has been made confidential and exempt from s. 119.cl7(1). However, when the
inspector general or a member of the staff reccives from an individual a complaint
or information that falls \\~thin the definition provided in s. 112.3187(5), the
name or identity of the individual shall not be disclosed to anyonc else without
the indiv;dual's written consent, unless the inspector general determines that such
disclosurc is unavoidable during the course of the audit or investigation.
Section 24.105(l2)(a), F.S. -- The Department of the Lottery shall
dctcrmine by rulc information relating to the operation of the lottery which is
confidcntial and exempt from disclosure. Such information includes trade secrets;
security measures, systems, or procedures; security reports; information concerning
bids or other contractual data, the disclosure of which would impair the efforts of
the dcpartment to contract for goods and serviccs on favorable terms; employee
personnel information unrelated to compensation, duties, qualifications, or
responsibilities; and information obtained by the Division of Security pursuant
to its investigations which is othetwise confidential. 'n) be deemed confidential,
the information must be necessary to the security and integrity of the lottery.
Confidential information may be released to other governmental entities as needed
in connection with the performance of their duties; such governmental entities shall
retain the confidentiality of the information as provided for in the subsection.
Section 24.105(l2)(b), F.S. -- The Department of the Lottery shall
maintain thc confidentiality of the street address and telephone number of a winner,
in that such information is confidential and exempt from disclosure, unless the
winner consents to the release of such information, or as provided for in s. 24.115(4)
or s. 409.2577.
Section 24.108(7)(b), F.S. n The portion of the Lottery Department's
security report that contains specific recommcndations is confidential and exempt
from disclosure and may be released only as authorized in the subsection.
269
GOVERN MENT -IN- THE -5 UNSHlNE- MANUAL
Section 27.151, F.S. n An executive order assigning or exchanging
state attorneys pursuant to s. 27.14 or s. 27.15, if designated by the C;overnor to
be confidential, is exempt from disclosure. The Covernor may make public any
such executive order by a subsequent executive order and at the expiration of a
confidential executive order or any extensions thereof, the executive order and all
associated orders and reports shall be open to the public pursuant to Ch. 119 unless
thc information contained in the executive order is confidential pursuant to cited laws.
Section 28.222(3)(g), F.S. n Certified copies of death certificates
authorized for issuance by the Department of lIealth which exclude information
made confidential under s. 382.008 and certified death certificates issued by another
state shall be recorded bv the clerk of circuit court.
Section 28.2221, F.S. -- The clerk of court is prohibited from placing
certain records (military discharge or death certificate, and family law, probate, or
juvenile court records) on a publicly available Internet web site. Those records which
have already been placed on the Internet must be rcmoved if the subject of the
record requests removal.
Section 30.49(3), F.S. -- The sheriff shall furnish to the board of
county commissioners or to the budget commission, if there is one, relevant
information regarding past and proposed expenditures as the board or commission
deems necessary; however, the board or commission may not require confidential
information concerning details of investigations. Such information is exempt from s.
119.07(1).
Section 39.0132(3), F.S. -- The clerk shall keep official records required by
this chapter separate from othcr court rccords. The rccords may be inspectcd only
upon court order by persons deemed to have a proper interest therein, except that,
subject to the provisions of s. 63.162, a child and the parents of the child and their
attorneys, guardian ad litem, law enforcement agencies, the Department of Children
and Family Services and its designees shall have a right to inspect and copy records
pertaining to the child.
Section 39.0 132 (4)(a)1., F.S. n All information obtained pursuant to
this part in the discharge of official duty by any of the officials specified in the
subsection is confidcntial and may not be disclosed to anyone other than persons
entitled to receive such information under Ch. 39 or upon court order.
Section 39.0132(4)(a)2., F.S. nlnformation related to the best interests
of a child, as determined by a guardian ad Iitcm, which is held by a guardian ad
litem, including but not limited to medical, mental health, substance abuse, child
care, education, law enforcement, court, social services, and financial records;
and any other information maintained by a guardian ad litem which is identified
as confidential information under Ch. 39, FS., is confidential and exempt from
disclosure requirements and may not be disclosed to anyonc except as authorized in
the exemption.
Section 39.201(I)(b), F.S. -- Reporters to the central abuse hotline in
occupation categories designated in s. 39.201 (1)(b) are rcquired to provide their
270
GOVERNMENT -IN- THE-SUNSHlN E-MANUAL
names to the hot/ine staff. The names of reporters shall be entered into the record
of the report but shall be held confidential as provided in s. 39.202.
Section 39.201 (2)(h), ES. -- A telephone number, fax number, or Internet
protocol address from which the report was received by the hot/ine which is included
in the abuse report pursuant to this subsection shall enjoy the same confidentiality
provided to the identity of the reporter pursuant to s. 39.202.
Section 39.202(1), ES. -- All records held by the Department of
Children and Family Services concerning reports of child abandonment, abuse
or neglect including reports made to the central abuse hotline and all rccords
generated as a result of such reports are confidential and exempt from s. 119.07(1)
and shall not be disclosed except as specifically authorized by this chapter. Such
exemption from s. 119.07(1) applies to information in possession of those entities
granted access pursuant to this section.
Section 39.202(2)(0), ES. -- Access to records concerning reports of
child abuse or neglect shall be granted to any person in the event of the death of
a child determincd to be a result of abuse, abandonmcnt, or neglect. Information
identifying the pcrson reporting abuse, abandonment, or neglect shall not be
released, nor shall any information othel'\\~se made confidential or exempt by law.
Section 39.202(5), ES. -- The name of any person reporting child
abuse, abandonment, or neglect shall not be released to any person except as
authorized in the subsection, without the writtcn consent of the reporter.
Section 39.202(6), ES. n All records and reports of the child protection
team of the Department of Health are confidential and exempt from ss. 119.07(1)
and 456.057, and shall not be disclosed, except as provided in thc subsection.
Section 39.301(19), ES. -- When the initial intervicw with the child in
a child protective investigation or criminal investigation is conducted at school
in the presence of school staff, information received during the interview or
from any other source regarding the alleged abuse or neglect of the child shall be
confidential and exempt, exccpt as otherwise provided by court order.
Section 39.507(2), ES. -- Dependency adjudicatory hearings are open to
the public, unless by special order the court determines that the public interest or
welfare of the child is best servcd by closing the hearing.
Section 39.510(4) and (5), ES. -- The case on appeal in a dependency
proceeding and any papers filed in appellate court shall be entitled with child's
initials. The papers shall remain scaled and shall not be open to public inspection.
The original order of the appellate court with papers filed in an appeal shall be
sealed and not open to inspcction cxcept by order of the appellate court.
Section 39.702(5)(d), ES.- An indepcndent not-for-profit
agency authorizcd to administer a citizen review panel established to make
recommcndations concerning foster care as provided in this scction shall ensure
that all panel members have read, understood, and signed an oath of confidentiality
271
GOVERNMENT -IN- THE -5 UNSHlNE- MANUAL
relating to written or verbal information provided to members for review hearings.
Section 39.809(4), ES. -~ All hearings involving termination of parental
rights are confidential and closed to the public.
Section 39.814(3) and (4), ES. -- "\11 court records required by this part
(termination of parental rights) shall bc kept separate from other records. Such
records are not open to public inspection. All information obtained pursuant to this
part by officials specified therein shall be confidential and exempt from s. 119.07(1)
and may not be disclosed to anyone other than the authorized officials and agencies,
except by court order.
Section 39.815(4) and (5), ES. -- .\n appeal in a case involving a
termination of parental rights must be docketed, and any papers filed in the appellate
court must be titled with the initials, but not the name, of the child and thc court case
number, and the papers must remain sealed in the office of the appellate court clerk
when not in use by the court and may not be open to public inspection. The original
order of the appellate court, with all papers filed in the case on appeal, must remain
in the clerk's office, scaled and not open to inspection except by court order.
Section 39.821 (1), ES. -- Information collected pursuant to the security
background investigation for a guardian ad litem is confidential and exempt from s.
119.07(1).
Section 39.827(4), ES. -- The hearing for appointment of a guardian
advocate is confidential. The court records are confidential and cxempt from s.
119.07 (1) and may be inspected only upon court order or by the persons and
entities identified in the subsection. All information obtained pursuant to this part
is confidential and exempt from s. 119.07(1) and shall not be disclosed to anyone
other than authorized personnel of the court or thc Department of Children and
Family Services and its desi6'l1ees, except upon court order.
Section 39.908, ES. -- Information about clients received by the
Department of Children and Family Services or by authorized persons employed
by or volunteering services to a domestic violence center, through files, reports,
inspection or othetwise is confidential and exempt from s. 119.07(1) Except as
provided in the section, information about the location of domestic violence centers
and facilities is confidential and exempt from s. 119.07(1).
Section 40,50(2), ES. n The court should emphasize the confidentiality
of notes taken by jurors as provided in this subsection.
Section 44.102(3), ES. -- All written communications in a court-ordered
medial10n proceeding, other than an executed settlement agreement, shall be
exempt from the requirements of Ch. 119.
Section 44.201(5), ES. -- i\ny information relating to a dispute which
is obrained by any person while performing any duties for a Citizen Dispute
Settlement Center is exempt from s. 11907(1).
272
GOVERNMENT-IN-THE -SUNSHINE- MANUAL
Section 44.405(1), ES. n Except as provided in the section,
mediation communications, as defined in the Mediation Confidentiality
and Priv;lege i\ct, are confidential.
Section 61.052(8), ES. -- Disclosure of social security numbers provided
by parties to a dissolution of marriage proceeding shall be limited to child support
enforcemcnt purposes.
Section 61.125(7), ES. -- Except as othetwise provided in this section,
all communications made by, between, or among thc parties and the parenting
coordinator during parenting coordination sessions are confidential, and the
parenting coordinator and each party designated in the order appointing the
coordinator may not testify or offer evidence about communications made by,
betwcen, or among the parties and the parenting coordinator during parenting
coordination sessions, except as provided in the statute.
Section 61.13(7) and (8), ES. -- Disclosure of social security numbers
provided by parties to a paternity or child support proceeding shall be limited to
child support enforcement purposes.
Section 61.1827, ES. -- Any information that reveals the identity of
applicants for or recipients of child-support services, including the name, address,
and telephone number of such persons, held by a non-Title IV-D county child-
support enforcement agency is confidential and exempt from public disclosure
requirements.
Section 61.183(3), ES. -- Information concerning mediation proceedings
involving contested issues relating to custodv parental responsibility, primary
rcsidence, access to, visitation with, or support of a child pursuant to this section
which is obtained by any person performing mediation duties is exempt from s.
119.07(1).
Section 61.404, ES. n ;\ guardian ad litem shall maintain as confidential all
information and documcnts received from any source described in s. 61.403(2) and
may not disclose such information or documents except, in the guardian ad litem's
discretion, in a report to the court or as directed by the court.
Section 63.022(4)(j), ES. -- The records of all proceedings concerning
custody and adoption of a minor are confidential and exempt except as provided in
s. 63.162.
Section 63.0541, ES. -- All information contained in the Florida
Putative Father Registry is confidential and exempt except as provided in the
section.
Section 63.089(8), ES. n Except as provided in the exemption, all
records relating to a petition to rerminate parental rights pending adoption arc
subject to the provisions of s. 63.162, FS.
Section 63.102(1), ES. n Except for a joint petition for the adoption
273
GOVERNMENT-IN -THE -SUNSHINE-MANUAL
of a stepchild, a relative, or an adult, any name by which the minor was previously
known may not be disclosed in the petition for adoption, the notice of hearing, or the
judgment of adoption, or the court docket as provided in s. 63.162(3).
Section 63.162(1), ES. -- Hearings held in proceedings under the Florida
i\doption Act are closed.
Section 63.162(2), ES. -- All papers and records pertaining to an adoption
are confidential and subject to inspection only upon court order. Adoption papers
and records of the Department of Children and Family Services, a court, or any
other governmental agency arc exempt from s. 119.07(1).
Section 63.162(4), ES. -- A person may not disclose from the records
the name and identity of a birth parcnt, an adoptive parent, or an adoptee except
as authorized in the subsection.
Section 63.162(6), ES. n Except as provided in s. ()3.162(4), identifying
information regarding birth parents, adoptive parents, and adoptees may not be
disclosed unless a birth parent, adoptive parent, or adoptee has authorized in
writing the release of such information concerning himself or herself.
Section 63.165(1), ES. n Except as provided in this section, information in
the state registry of adoption information is confidential and exempt.
Section 69.081(8), ES. -- i\ny portion of an agreement which conceals
information relating to the settlement or resolution of any claim or action against an
agency is void, contrary to public policy and may not be enforced.
Section 73.0155, ES. -- Except as provided in the exemprion, specified
business information prm;ded by the owner of a business to a governmental
condcmning authority as part of an offer of business damages is confidential and
exempt from disclosure requircments, if the owner requests in writing that the
business information be held confidential and exempt.
Section 90,502(5), ES. -- Communications made by a person who
seeks or receives services from the Department of Revenue under the child
support enforcement program to the attorney representing the department shall
be confidential and privileged and shall not be disclosed to anyone other than the
agency except as provided in this section.
Section 92.56, ES. -- The confidential and exempt status of criminal
intelligence information or criminal investigative information made confidential and
exempt pursuant to s. 119.071 (2) (h) must be maintained in court records pursuant to
s. 119.0714(1)(h) and in court proceedings, including testimony from witnesses.
Section 97.057(2)(a)4., ES. -- All declinations to register to vote
pursuant to this section will remain confidential and may be used only for voter
registration purposes.
Section 97.0585, ES. -- The following information concerning voters and
274
GOVERNMENT-lN- THE-SUNSHINE- MANUAL
voter registration is confidential and exempt and may be used only for purposes of
voter registration: declinations to register to vote made pursuant to ss. 97.057 and
97.058; information relating to the placc where a person registered to vote or where
a person updated a voter registration; the social security number, driver's license
number, and Florida identification number of a voter registration applicant or voter.
The signature of a voter registration applicant or a voter may not be copied and is
exempt for that purpose from disclosure requirements.
Section 98.045(3), ES. n Each supervisor shall maintain for at least 2
years and make available for public inspection and copying, all records concerning
implementation of registration list maintenance programs and activities conducted
pursuant to cited statutes. Thc recoros must include lists of thc name and address
of each person to whom a notice was sent and information as to whcther each
such person responded to the mailing, but may not include any information that is
confidential or exempt from public records requirements under the Election Code.
Section 101.5607(I)(d), ES. -- Section 119.071(1)(f) which provides an
exemption from s. 119.07(1) for data processing software designated as sensitive,
applies to all software on file with the Dcpartment of State.
Section 101.62(3), ES. -- Information regarding a request for absentee
ballot that is recorded by the supervisor of elections pursuant to this subsection
is confidential and exempt from s. 119.07(1) and shall be maoe available to or
reproduced only for the individuals and entities set forth in thc exemption, for
political purposes only.
Section 106.0706, ES. n ;\11 user identifications and passwords held by
the Dcpartment of State pursuant to s. 106.0705 arc confidential and exempt from
disclosure. Information cntered in the electronic filing system for purposes of
generating a report pursuant to s. 106.0705 is excmpt but is no longer exempt once
the report is generateo ano filed with the Division of Elections.
Section 106.25(7), ES. -.. Except as otherwise provided in thc
subsection, sworn complaints filed pursuant to Ch. 106 with the Florida Elections
Commission, investigative reports or other papers of the commission relating to
a violation of Chs. 106 or 104, and proceedings of the commission relating to
a violation of said chapters are confidential and exempt from s. 119.07(1) and s.
286.011.
Section 110.1091(2), ES. n A state employce's personal identifying
information contained in records held by the employing agency relating to an
employee's participation in an employee assistance program is confidential and
exempt.
Section 110.1127(3)(d) and (e), ES. -- It is a first degree misdemeanor to
willfully use criminal records information obtained pursuant to security background
checks required for certain positions for purposes othcr than screening for
employment or to release such information to other persons for purposes other than
screening for employment. It is a felony of the third degree for any person willfully,
knowingly, or intentionally to use juvenile records information for any purpose other
275
GOVERNMENT-IN -THE-SUNSHIN E -MANUAL
than specified in this section or to release such information to other persons other
than specified in this section.
Section 110.123(5)(a), F.S. -- 1\ physician's fce schedule used in the
health and accident plan is not available for inspection or copying by medical
providers or other persons not involved in the administration of the state group
1t1surance program.
Section 110.123(9), F.S. -- Patient medical records and medical claims
records of state employecs, former state employees, and their eligible covcred
dependents, in the custody or control of the state group insurance program are
confidential and exempt.
Section 110.201(4), F.S. n All discussions between the Department
of Management Services and the Governor, and between the Department of
Management Services and the Administration Commission, or agency heads, or
betwcen any of their respective reprcsentatives, relative to collective bargaining,
are exempt from s. 286.011 and all work products relative to collective bargaining
developed in conjunction with such discussions are confidential and exempt.
Section 112.0455(8)(1), F.S. -- All documentation relative to a statc agency
employer's cxplanation as to why a job applicant or employee's explanation of positive
drug test results is unsatisfactory, along with the report of the positive test results, are
confidential and exempt.
Section 112.0455(8)(u), F.S. n The documentation preparcd by a state
agency employer which formed the basis of thc employer's determination that
reasonable suspicion existed to warrant drug testing under this section is confidential
and exempt, except that a copy of this documentation shall be given to the employec
upon request.
Section 112.0455(11)(a), F.S. -- Exccpt as provided in the
subsection, all information, interviews, reports, statcments, memoranda, and
drug test results, written or othetwise, received or produced as a result of
a state agency's drug testing program are confidential and are exempt from
disclosure except as provided in this section.
Section 112.08(7), F.S. n Medical records and medical claims records
in the custody of county or municipal government relating to county or municipal
cmployees, former county or municipal employees, or eligible dependents of
such employees enrolled in a county or municipal group insurance plan or self-
insurance plan are confidential and are exempt from s. 1 19.07(1). Such records shall
not be furnished to any person other than the employee or the employee's legal
reprcsentative, except as provided in the subsection.
Section 112.08(8), F.S. -- Patient mcdical records and medical claims
records of water management district employees, former employees, and eligible
dependenrs in the custody or control of a water management district under its
group insurance plan established pursuant to s. 373.605 are confidential and exempt.
Such records shall not be furnished to any person other than the employee or the
employee's legal representative except as provided in the subsection.
276
GOVERNMENT-lN- THE-SUNSHINE-MANUAL
Section 112.21 (1), ES. n ,\11 records identifying individual participants
in any contract or account under s. 112.21 (relating to tax-sheltered annuities or
custodial accounts for govcrnmental employees) and their personal account activities
are confidential and exempt.
Section 112.215(7), ES. -- All records identifying individual
participants in any deferred compensation plan and thcir personal account
activities shall be confidential and cxcmpt from s. 119.07(1).
Section 112.3188(1), ES. n The identity of an individual who discloses in
good faith to the Chief Inspector Gencral, an agency inspector general, a local chief
executive officer, or other appropriate local official information that alleges that an
employee or agent of an agency or independent contractor has violated certain laws
or committed, or is suspccted of committing, specified acts may not be disclosed
to anyone other than staff of the above officials without the written consent of
the individual, unless such official determines that disclosure is authorized for thc
reasons specified in the subsection.
Section 112.3188(2), ES. -- I ixcept as specifically authorized by s.
112.3189, or this subsection, all information received by the Chief Inspector General
or an agency inspector general or information produced or dcrived from fact-finding
or other investigations conducted by the Department of Law Enforcement or the
Florida Commission on Human Relations, is confidential and exempt from disclosure
if the information is being received or derived from allegations as set forth in
subscction (1) and an investigation is active. All information reccived by a local chief
executive officer or appropriate local official or information produced or derived
from fact-finding or investigations conducted by a local government pursuant to s.
112.3187(8)(b), is confidential and exempt if the information is received or derived
from allegations as set forth in s. 112.3188(1)(a) or (b) and the investigation is active.
Section 112.31901, ES. -- If certified pursuant to the exemption, an
investigatory record of the Chief Inspector General vv~thin the Office of the
Governor or of the employee designated by an agency head as the agency inspector
general under s. 112.3189 is exempt from disclosurc requircments for the time period
specified in the exemption. The provisions of this section do not apply to whistle-
blower investigations conducted pursuant to the whistle-blower act.
Section 112.3215(8)(b), ES. -- All proceedings, the complaint, and other
records relating to the invcstigation of a sworn complalnt of a violation of this
section which relates to executive branch and Constitution Revision Commission
lobbyists, and any mecting held pursuant to the investigation, are confidential and
exempt from disclosure until the alleged violator requests in writing that such
invcstigation and associated records and meetings be made public, or until the Ethics
Commission determines whether probable cause exists to bclieve that a violation has
occurrcd.
Section 112.3215(8)(d), ES. -- Records relating to an audit of a lobby~ng
firm lobbying the executivc branch or the Constitution Rev~sion Commission or an
investigation of violations of the lobbying compensation reporting laws and any
meetings held pursuant to thc investigation or at which such an audit is discussed
277
GOVERNMENT-IN -THE-SUNSHINE -MAN UAL
are exempt from public records and meetings requirements eithcr until the lobbying
firm requests in writing that such records and meetings be made public or until the
Commission on Ethics determines there is probable cause that the audit reflects a
violation of thc reporting laws.
Section 112.324(2)(a), ES. n 'lbe complaint and records relating to the
complaint or to any preliminary investigation held by the Ethics Commission or a
county-established Commission on Ethics and Public Trust, or by any municipality,
are confidential and exempt from s. 119.07(1), and any proceeding conducted by
the commission is exempt from open meetings requirements until the complaint is
dismissed as legally insufficient, until the alleged violator requests in writing that such
records and proceedings be made public, or until the commission determines, based
on investigation, whether probable cause exists to believe that a violation has occurred.
Section 112.533(2)(a), ES. -- Except as otherwise provided in this
subsection, a complaint filed against a law enforccment officer or correctional officer
with a law enforcement agency or correctional agency and all information obtained
pursuant to the investigation of thc complaint is confidential until the investigation
ceases to be active, or until the agency head or agcncy head's designee provides
written notice to the officer who lS the subject of the complaint, that the agency has
either concluded the investigation with a finding not to proceed with disciplinary
action or to file charges; or concludcd the investigation with a finding to proceed
with disciplinary action or to file charges.
NOTE: DUE TO SI'M]~ LlMITXnONS, THE EXEMPTIONS
FROM DISCLOSURE FOUND 1'\1 Cl-L\I'TER 119 (rI-IE
PUBLIC RECORDS ;\(1) ARE NOT SUMMARIZED IN THIS
APPENDIX. PLEASE REFER TO APPENDIX C (CONTi\INING
THE COMPLETE TEXT OF CI L 119) FOR THE CI-I. 119
EXEMPTIONS.
Section 121.031 (5), ES. -- The names and addresses of retirees arc
confidential and exempt from s. 119.07(1) to the extent that no state or local
governmental agcncy may provide the names or addresses of such persons in
aggregate, compiled, or list fotm to any person except as authorized in the subsection.
Section 121.4501 (19), ES. -- Pcrsonal identifying information
regarding a participant in the Public Employec Optional Retirement Program
contained in Florida Retirement System records held by the State Board of
Administration or the Dcpartment of Management Services is exempt from
public disclosure requiremcnts.
Section 125.0104(3)(h), ES. n Department of Revenue records showing
the amount of tourist development taxes collected, including the amount of
taxes collected for and from each county in which the tourist development tax is
applicable, are open for inspection except as provided in s. 213.053.
Section 125.0104(9)(d) 1., ES. -- Information given to a county tourism
promotion agency which, if released, would reveal the identity of persons or entities
who provide information as a response to a sales promotion effort, an advertisement,
278
GOVERNMENT - IN- THE-SUNSHINE-MANUAL
or a research project or whose names, addresses, meeting or convention plan
information or accommodations or other v;sitation needs become booking or
reservation list data, is exempt from disclosure.
Section 125.0104(9)(d)2., ES. -- \Xlhen held by a county tourism
promotion agency, the follO\v~ng are exempt from disclosure: a trade secret, as
defined in s. 812.081; booking business records, as defined in s. 255.047; trade secrets
and commercial or financial information gathered from a person and privileged or
confidential, as defined and interpreted under 5 U.s.e:. s. 552(b)(4), as amended.
Section 125.012(26), ES. n Pursuant to authorization granted by this
section concerning certain transportation-related projects defined in s. 125.011, a
board of county commissioncrs is cmpowered to maintain the confidentiality of
trade information and data to the extent that such information is protected under
applicable federal and federally-enforced patcnt and copyright laws.
Section 125.025, ES. n Pursuant to authorization granted by this
section concerning operation of export trading companies, a board of county
commissioners is empowered to maintain the confidentiality of trade information
to the extent such information is protected under applicable federal export trading
company law, and under fedcral and federally enforced patent and copyright laws.
Section 125.355(1), ES. -- Appraisals, offers, and countcroffers relating
to a county's purchase of real property pursuant to this section are not available
for public disclosure and are exempt from s. 1 19.07(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 board of county
commissioners. If a contract or agreement for purchase is not submitted to the
board for approval, then the exemption from s. 119.07(1) expires 30 days after the
negotiations end. A county that does not utilize the exemptions provided in this
section may follow any procedure not in conflict with Ch. 119 for the purchase of
real property which is authorized in its charter or established by ordinance.
Section 125.585(2), ES. n A county employee's personal identifying
information contained in records held by the employing county relating to that
employee's participation in an employec assistance program is confidential and exempt.
Section 125.901 (11), ES. n Personal identifying information of a child or
the parent or guardian of the child, held by a council on children's services, juvenile
welfare board, or other similar entity created under this section or by special law, or
held by a scrvice provider or researcher under contract with such entity, is exempt
from disclosure requirements.
Section 155.40(8)(b), ES. n A "complete sale", as defined in the statute,
of a public hospital to a private purchaser shall not be construed as (1) a transfer of
governmental function to the private purchaser; (2) constituting a financial interest
of the public seller in the private purchaser; (3) making the private purchaser an
"agency" as that tcrm is used in statutes; (4) making the private purchaser an integral
part of the public seller's decision making process; or (5) indicating that the private
purchaser is "acting on behalf of a public agency" as that term is used in statutes.
279
GOVERNMENT -IN- THE-SUNSHlNE-MANUAL
Section 163.01(15)(m), ES. -- Material rcceived by a public agency in
connection with its joint ownership or right to the services, output, capacity, or energy
of an electric projcct under the Florida Interlocal Cooperation ,\ct, which is designated
by the person supplying such material as proprietary confidential business information,
as defined in the paragraph, or which a court of competent jurisdiction has designated
as confidential or secret, shall be kept confidential and exempt from s. 119.07(1).
Section 163.64, ES. -- An agency that participates in the creation or
administration of a collaborative clicnt information system may share client
information, including confidential client information, with other members of
the collaborative system as long as the restrictions governing the confidential
information are observed by any other agency granted access to the confidential
information.
Section 166.0444, ES. -- A municipal employee's pcrsonal identifying
information contained in records held by thc emplo}~ng municipality relating to that
employee's participation in an employee assistance program is confidential and exempt.
Section 166.045(1), ES. -- Appraisals, offers, and counteroffers relating to
a municipality's purchasc of real property pursuant to this section are not available
for public disclosure and are 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 purchasc is consideted for approval by the governing body of
the municipality. If a contract or agreement for purchase is not submitted to the
governing body for approval, then the exemption from s. 119.07(1) expires 30 days
after the negotiations end. A municipality that does not utilize the exemptions from
Ch. 119 provided in this section may follow any procedure not in conflict with Ch.
119 for the purchase of real property which is authorized In its charter or established
by ordinance.
Section 192.0105(4), ES. n Taxpayers have the right to have information
kept confidential, including those records set forth in the exemption.
Section 192.105, ES. -- Federal tax information obtained pursuant to 26
U.S.c. s. 6103 is confidential and exempt from s. 119.07(1).
Section 193.074, ES. -- 1\11 returns of property and returns required by
former s. 201.022 submitted by the taxpayer pursuant to law shall be deemed to be
confidential in the hands of the property appraiser, the clerk of the circuit court, the
Department of Rcvenue, the tax collector, the Auditor C;eneral, and the Office of
Program Policy Analysis and C;overnmcnt Accountability, and their employees and
persons acting undet their supervision and control, except upon court order or order
of an administrative body hav;ng quasi-judicial powers in ad valorem tax matters.
Section 193.114(5), ES. -- For the purpose of furnishing copies of the
tax roll under 119.07(1), the property appraiser is the custodian of the tax roll. The
Department of Revenue or any state or local agency may use copics of the tax roll
received by it for official purposes and shall permit inspection and examination
thereof pursuant to s. 119.07(1), but is not rcquired to furnish copies of the
280
GOVERNMENT-IN- THE -S UNSHINE -MANUAL
records. A social security number submitted under s. 196.011 (1) (application for tax
exemption) is confidential and exempt.
Section 195.027(3), F.S. n Financial records produccd by a taxpayer
under this section shall be confidential in the hands of the property appraiser, the
Department of Revenue, the tax collector, and the Auditor General and shall not be
divulged to any person, firm, or corporation, except upon court order or order of an
administrative body having quasi-judicial powers in ad valorem tax matters, and such
records are exempt from s. 119.07(1).
Section 195.027(6), F.S. n The information form disclosing unusual fees,
costs and terms of financing of the sale or purchase of property shall be filed with
the clerk of the circuit court at the time of recording and shall be confidential and
exempt in the hands of all persons after deli\'ery to the clerk, except as provided in
the subsection.
Section 195.084(1), F.S. n This section (authorizing the exchange of
information among the Department of Revenuc, the property appraisers, the tax
collector, the Auditor General, and the Office of Program Policy Analysis and
Govcrnment i\ccountability) shall supersede statutes prohibiting disclosure only with
respect to those entities, but the Department of Revenue may establish regulations
setting reasonable conditions upon access to and custody of such information.
The Auditor C;eneral, the Office of Program Policy Analysis and Government
i\ccountability, the tax collectors and the property appraisets shall be bound by the
same requirements of confidentiality as the department.
Section 195.096(2)(e), F.S. n All data and samples developed or obtained
by the Dcpartment of Revenue in the conduct of assessment ratio studies arc
confidential and exempt until a presentation of the study findings is made to the
property appraiser.
Section 196.101 (4)(c) , F.S. -- Records of gross income produced by
a taxpayer claiming exemption for totally and permanently disabled persons arc
exempt from s. 119.07(1) and arc confidential in the hands of the property appraiser,
the Department of Revenue, the tax collector, the Office of Program Policy
Analysis and C;overnment Accountability, and the Auditor General and shall not be
divulged to any person, firm, or corporation, except upon court order or order of an
administrative body having quasi-judicial powers in ad valorem tax matters.
Section 202.195, F.S. -- Proprietary confidential business information, as
defined in the exemption, which is obtained from a telecommunications company
or franchised cable company for the purposes of imposing fees for occupying the
public rights-of-way, assessing the local communications services tax, or regulating
the public rights-of-way, held by a local government entity, is confidential and
exempt from public disclosure requirements. Maps or other engineering data
held by a local governmental entity that relate to the exact location and capacity
of facilities for the provision of communications services shall be exempt from
disclosure but only for 60 days after completion of construction of the facilities.
Section 206.27(2), F.S. n Any information concerning audits in progress
281
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
or those records or files of the Department of Revenue described in this section
which are currently the subject of pending investigation by the Department of
Rcvenue or the Florida Department of Law Enforcement are exempt from s.
119.07(1) and are considered confidential; and may not be released except as
authorized in the subsection.
Section 211.125(10), F.S. -- All returns and information filed with the
Department of Revenue under this part providing for a tax on production of oil and
gas are confidential and exempt from s. 119.07(1), and such returns or information
shall be protected from unauthorized disclosures as provided in s. 213.053.
Section 211.33(5), F.S. -- The use of information contained in any tax
return filed by a producer (i.e., a person severing solid minerals from the soils and
waters of the state) or in any books, records or documents of a producer shall be as
prm;ded in s. 213.053, and shall be confidential and exempt from s. 119.07(1).
Section 212.0305(3)(d), F.S. n Records of the Department of Revenue
showing the amount of taxes collected, including taxes collected from each county
in which a resort tax is levied, arc subject to the provisions of s. 213.053, and are
confidential and exempt from s. 119'()7 (1).
Section 213.015(9), F.S. -- Unless otherwise specified by law, Florida
taxpayers have the right to have taxpayer tax information kept confidential.
Section 213.053(2)(a), F.S. -- All information contained in teturns,
rcports, accounts, or declarations received by the Department of Revenue,
including investigative reports and information and including letters of technical
advice, is confidential except for official purposes and is exempt from s.
119.07(1).
Section 213.0535(5), F.S. -- Any provision of law imposing confidentiality
upon data shared under this section (providing for the Registration Information
Sharing and Exchange Program within the Department of Revenue), including, but
not limited to, any provision imposing penalties for disclosure, applies to recipients of
this data and their employees. Data exchanged undcr this section may not be provided
to any person or entity other than as provided in this section and such data may not
be used for any purpose other than for enforcing those tax or licensing provisions.
Section 213.21 (3)(a) , F.S. -- The Department of Revenue shall maintain
records of all compromises of a taxpayer's liability; the records of compromises
shall not be subject to disclosure pursuant to s. 119.07(1) and shall be considered
confidential information governed by s. 213.053.
Section 213.22(2), F.S. -- The Department of Revenue may not disclose,
pursuant to s. 119.07(1), a technical assistance advisement or request therefore to any
person other than the person requesting the advisement or his or her representative,
or for official departmental purposes without deleting identifying details of the
person to whom the advisement was issued.
Section 213.27(6), F.S. -- Confidential information shared by the
282
GOVERNMENT-IN- THE-SUNSHlN E- MANUAL
Departmcnt of Revenue with debt collection or auditing agencics under contract
with the department is exempt from s. 119.07 (1) and such debt collection or auditing
agencies are bound by the same requirements of confidentiality as the departmcnt.
Section 213.28(6), ES. n Certified public accountants entering into
contracts with the Department of Revenue arc bound by the same confidentiality
requirements and subject to the same penaltics as the department undcr s. 213.053.
;\ny return, return information, or documentation obtained from the Internal
Revenue Service under an information-sharing agreement is confidential and
exempt from disclosure and shall not be divulged or disclosed in any manner by any
department officer or employee to any certified public accountant under a contract
authorizcd by this section unless the department and the Internal Revenue Service
mutually agree to such disclosure.
Section 215.44(8)(a), ES. n Records and information of the State Board
of Administration relating to acquiring, hypothecating, or disposing of real property
or specified related interests are confidential and exempt from s. 119.07(1) in order
to achieve certain stated purposes. Records relating to value, offers, counteroffers, or
negotiations are confidential and exempt until closing is complete and all funds have
been disbursed. Records relating to tenants, leases, and other specified matters are
confidential and exempt until the executive director detcrmines that release would not
be detrimental to the board's interest or conflict \,,;th its fiduciary responsibilities.
Section 215.44(8)(b), ES. -- Records and other information relating to
investments made by thc State Board of Administration are confidential and exempt
from s. 119.07(1) until 30 days after completion of an investment transaction.
However, if in the executive director's opinion, it would be detrimental to the board's
financial interests or cause a conflict \\;th its fiduciary responsibilities, information
concerning scrvice provider fees may be kept confidential until 6 months after
negotiations relating to such fees have been terminated.
Section 215.44(8)(c)2., ES. n "Proprietary confidcntial business
information", as defined in the exemption, that is held by the State Board of
Administration regarding alternative investments is confidcntial and excmpt for
a period of 10 years after the termination of the alternative investment unless
disclosure is permitted under the circumstances set forth in the exemption.
Section 215.555(4)(f), ES. n Information described in 215.557 which
is contained in an examination report conducted on an insurer pursuant to this
subsection, is confidential and exempt, as provided in s. 215.557.
Section 215.557, ES. n The reports of insured values under certain
insurance policies by Zip code submitted to the State Board of Administration
pursuant to s. 215.555 are confidential and exempt.
Section 220.242, ES. -- Estimated tax returns filed under the Florida
Income Tax Code are confidential, and exempt from s. 119.07(1).
Section 252.355(5), ES. n Records relating to the registration of persons
with
283
GOVERNMENT- IN- THE-SUNSHlNE-MANUAL
special needs for emergency management purposes pursuant to this section are
confidential and exempt from s. 119.07(1), except such information is available
to other emergency response agencies, as determined by the local emergency
management director. Local law enforcement agencies shall be given complete shelter
roster information upon request.
Section 252.88(1), ES. -- Trade secret mfotmation which applicable
federal law authorizes an employer to exclude from materials submitted shall be
furnished to the State Hazardous Materials Emergency Response Commission
upon request. However, such information shall be confidential and exempt from
s. 119'()7(1) and shall not be disclosed by the Commission except as authorized in
the subsection.
Section 252.88(2) and (3), ES. n When applicable law authorizes the
withholding of disclosure of the location of specific hazardous chcmicals, such
information is confidential and exempt from s. 119.07(1). All information, including,
but not limited to, site plans and specific location information on hazardous
chemicals furnished to a fire department pursuant to applicable law, shall be
confidential and exempt while in the possession of the fire department.
Section 252.943, ES. -- In accordance with the federal Clean Air Act,
trade secret information provided to the Department of Community Affairs by
the owner or operator of a stationary source subject to the Accidental Release
Prevention Program is confidential and exempt from disclosure, except as
provided in the exemption.
Section 253.025(6)(d), ES. -- Appraisal reports prepared for the Board
of Trustees of the Internal Improvement Trust I,'und or an agency pursuant to this
section (acquisition of state-owned lands for purposcs other than preservation,
conservation, and recreation purposes) are confidential and exempt until an option
contract is executed or, if no option contract is executed, until 2 weeks before a
contract or agreement for purchase is considered for approval by the board of
trustees. However, the Division of State Lands may disclose appraisal information
to public agencies or nonprofit organizations under the conditions specified in rhe
paragraph. The agency may release an appraisal report when the passage of time has
rendered the conclusions of value invalid.
Section 253.025(7)(d), ES. n All offers or countcroffers shall be
documented in writing and shall be confidential and exempt from s. 119.07(1) until
an option contract is executed, or if no option contract is executed, until 2 weeks
before a contract or agreement for purchase is considered for approval by the Board
of Trustees of the Internal Improvement Trust Fund.
Section 253.034(6)(g)2., ES. -- A written valuation of land determined
to be surplus and related documents are confidential and exempt. The exemption
expires 2 weeks before the contract or agreement regarding thc disposition of the
surplus land is first considered for approval by the Board of Trustees of the Internal
Improvement Trust liund.
Section 255.047(2), ES. -- The booking business records (as defined in the
284
GOVERNMENT-lN- THE-5UNSHINE- MANUAL
section) of a publicly owned or operated convention center, sports stadium, coliseum,
or auditorium are exempt from disclosure. However, such facility shall furnish its
booking business records and related informatIOn to the Department of Revenue
upon the department's request if necessary for the department to administer its
duties.
Section 255.25001 (2)(b), ES. -- The studies of the evaluation process
which are developed by the Departmcnt of Management Services pursuant to
this subsection shall be considered confidential and exempt to the same extent
that appraisal rcports arc considered confidential and exempt from s. 119.07 (1)
pursuant to s. 253.025(6)(d).
Section 257.261, ES. -- Rcgistration and circulation records of public
libraries, except statistical reports of registration and circulation are confidential and
exempt from s. 119.07(1). Except as authorized by court order, a person may not
make known in any manner any information contained 111 such records, except as
provided in this section. Violation of this section is a second degree misdemeanor.
Section 257.38(2) and (3), ES. -- Public records transferred to the
Division of Library and Information Services of the Department of State are subject
to s. 119.07(1), except that any record provided by law to be confidential shall not be
made accessible until 50 years after creation of the record. Any nonpublic manuscript
or other archival material which is placed in the keeping of the di,;sion under special
terms and conditions, shaU be made accessible only in 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 110npublic manuscript or other archival matetial.
Section 257.38(4), ES. -- 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 inspcct 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 259.041 (7)(e), ES. -- CeneraUy, appraisal reports prepared for
the Board of Trustees of the Internal Improvement Trust Fund or an agency
pursuant to this section (acquisition of state owned lands for preservation,
conservation, and recreation purposes) are confidential and exempt until an option
contract is executed or, if no option contract is executed, until 2 weeks before a
contract or agrcement for purchase is considered for approval by the board of
trustees. However, disclosure is authorized under some circumstances, as described
in the paragraph. The agency may release a report when the passage of time
has rendered the conclusions of value invalid or when the acquiring agency has
terminated negotiations.
Section 259.041 (8)(c) , ES. -- 1\U offers and counteroffers for land
acquisition arc confidential and exempt from s. 119.07(1) until an option contract
285
GOVERNMENT-IN -THE -SUNSHIN E- MANUAL
is executed, or if no option contract is executed, until 2 weeks before a contract or
agreement for purchase is considered for approval by the Board of Trustees of the
Internal Improvement Trust Fund.
Section 265.605(2), ES. n 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'()7(1). Information which, if
released, would identify prospective donors is confidential and exempt unless the
name has been obtained from another organization or source.
Section 267.076, ES. -- 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, ES. nlnformation 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 \\;11
create a substantial risk of harm, theft, or destruction at such sitc.
Section 267.17(3), ES. n 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 citizcn support organization to the
Division of Historical Resources of the Department of State.
Section 267.1732(8), ES. -- 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 disclosurc; and that
anonymity must be maintained in the auditor's report.
Section 267. 1736(9)(a), ES. -- The identity of a donor or prospective
donor to the direct-support organization, authorized by the University of Florida to
assist it in carrying out its historic preservation and histonc preservation education
purposes and responsibilities for the City of St. ,\ugustine, who desires to remain
anonymous, and all information identifying such donor or prospective donor, is
confidential and exempt, and that anonymity must be maintained in the auditor's
report.
Section 279.11(1), ES. n Records with regard to ownership of, or security
interests in, registered public obligations are confidcntial and exempt from s.
119.07(1).
Section 280.16(3), ES. n l\ny information contained in a report of a
qualified public depository required under this chapter or any rule adopted under this
chapter, together with any information required of a financial institution that is not a
qualified public dcpository, shall, if made confidential by any law of the United States
or of this state, be considered confidential and exempt from s. 119.07(1) and not
subject to dissemination to anyone other than the Chief Financial Officer under the
286
GOVERNMENT -IN- THE-S UNSHlNE-MANUAL
provisions of this chapter.
Section 281.301, ES. -- The following are confidential and exempt
from ss. 119.07(1) and 286.011: Information relating to the security systems for
any property owncd 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. 1 19.011 (2); and all
mectings relating directly to or that would revcal such systems or information.
Section 282.318(4), ES. -- Risk analysis information relative to security
threats to data, information, and information technology resources of an agency
is confidential and exempt. Internal policies and procedurcs 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 tcchnology resources are confidential and exempt. Results of periodic
internal audits and evaluations of the security program for an agency's data and
information technology resources arc confidential and exempt.
Section 284.40(2), ES. -- Claim files maintained by the Division of Risk
Management of the Department of hnancial Scrvices are confidential, and shall
be only for the usc of thc Department of Financial Services in fulfilling its duties
and are exempt from s. 119.07(1).
Section 286.011 (8), ES. -- A state or local governmental board or
commission and the chief administrative or executive officer of thc governmental
entity may meet in private with the entity's attorney to discuss pending litigation to
which the entity is presently a party before a court or administrative agency, provided
that the conditions set forth in the subsection arc met.
Section 286.0113(1), ES. n That portion of a meeting that would reveal
a security system plan or portion thereof made confidential and exempt by s.
119.071 (3) (a) is excmpt from open meetings requirements.
Section 286.0113(2), ES. -- A meeting at which a negotiation ,,~th a
vendor is conductcd pursuant to s. 287.057(3), is exempt from open meetings
requirements. However, a complete recording shall be made of any such exempt
meeting. The recording is excmpt until such time as the agency provides noticc of
a decision or intended decision pursuant to s. 120.57(3)(a) or until 20 days after
the final competiti\'e sealed replies are all openeJ, whichever occurs first. [f thc
agency rejects all sealed replies, the recording remains exempt until such time as the
agency provides notice of a decision or intended decision pursuant to s. 120.57(3)
(a) concerning the reissued invitation to negotiate or until the agency withdraws the
reissued invitation to negotiate.
Section 287.0595(3), ES. n 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.
287
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
Section 288.047(5)(e), ES. -- Information relating to wages and
performance of participants which is submittcd pursuant to a grant agreement
prepared by Workforce 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 thc person's employer is confidential and exempt from s.
119.07(1).
Section 288.047(7), ES. -- 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 discovercd by employees of specified agencies are confidential and
exempt from s. 11907(1).
Section 288.075, ES. -- Upon written request from a private corporation,
partnership, or person, information held by an economic development agency
concerning the plans or interests of such private entity to locate, relocate or expand
its business activities in Florida is confidential and exempt from disclosure for 12
months after the agency receives a request for confidentiality or the information is
otherwise disclosed, whichever occurs first. The agency may extend confidentiality
for up to an additional 12 months upon written request from the private entity
who originally requested confidentiality and upon a finding by the agency that such
entity is still actively considering locating, relocating, or expanding its business
activities in this state. A public employee or officer may not enter into a binding
agreement with such entity until 90 days after the information is made public unless
the employee or officer is acting in an official capacity, the agreement does not
inure to employee's or officer's, and such an agreement is necessary to effectuate
an economic development project in the employee's or officer's professional
judgment. Trade secrcts and the federal employer identification number,
unemployment compensation account number, or Florida sales tax registration
number held by an economic development agency are confidential and exempt.
Proprietary confidential business information is confidential and exempt until such
information is otherwise publicly available or is no longcr treated by the proprietor
as confidential business information. Certain information related to sales, rcceipts,
wages and taxes as specified therein held by an economic development agency
pursuant to the administration of an cconomic incentive program for qualified
businesses is exempt and confidential for a period not to exceed the duration of the
incentive agreement or upon termination of the agreement.
Section 288.1162(8), ES. -- The Department of Revenue may audit to
verify that the distributions pursuant to this section (relating to professional sports
franchises) have been expended as required in the section. Such information is
subject to Ch. 213 confidentiality requirements.
Section 288.1224(7), ES. n The identity of any person who responds to a
marketing or advertising research project conducted by the Florida Commission on
Tourism pursuant to this section, and trade secrets, as defined by s. 812.081, obtained
pursuant to such research, arc confidential and exempt from disclosure.
Section 288.1226(6), ES. -- The identity of a donor or prospective
donor to the Florida Tourism Industry Marketing Corporation who desires to
288
GOVERNMENT-lN- THE-SUNSHINE- MANUAL
remain anonymous and all information identifying such donor or prospective
donor are confidential and exempt from disclosure, and such anonymity shall bc
maintained in the auditor's report.
Section 288.1226(8), ES. -- 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 288.12295, ES. -- The identity of a donor or prospective donor
to the direct-support organization authorized under s. 288.1229 to assist in the
promotion of sports-related industries who desires to remain anonymous and all
information identifying such donor or prospective donor are confidcntial and exempt
and such anonymity shall be maintaincd in audit reports.
Section 288.776(3)(d), ES. -- Personal financial records, trade secrets
or proprietary information of applicants for loans extended by the Florida Export
Finance Corporation arc confidential and exempt from s. 119.07(1).
Section 288.809(4), ES. -- Thc 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 maintaincd in
the auditor's report of the foundation.
Section 288.9520, ES. -.. Materials that relate to methods of manufacture or
production, potcntial trade secrets, potentially patentable material, actual trade secrets,
business transactions, financial and proprietary information and agreements or
proposals to receive funding that are received, gcnerated, ascertained, or discovered
by Enterprise Florida, Inc., including its affiliates and participants, are confidential
and exempt from disclosure, except that a recipient of Enterprise lilorida, Inc.,
research funds shall make available, upon rcquest, the title and description of the
project, the name of the researcher, and the amount and source of funding provided
for the project.
Section 288.9551(2) and (3), ES. -- Specified information held by the
Scripps Florida Funding Corporation under s. 288.955 is confidential and exempt
from disclosure requirements. That portion of a meeting of the board of directors of
the corporation at which such information is presented or discussed is exempt from s.
286.011, FS. and Art. I, s. 24, Fla. Const. Records generated during any portion of an
exempt meeting are confidential and exempt.
Section 288.9607(5), ES. n Personal financial records, trade secrets or
proprietary information of applicants for financing or a guaranty from the Florida
Development Finance Corporation are confidential and exempt from s. 119.07(1).
Section 288.9626, ES. n Materials relating to mcthods of manufacture
or production, potential trade secrets, or patentable material received, gencrated,
or discovered through research by universities and other publicly supported
organizations in rhis state; information identifying an investor or potential investor
289
GOVERNMENT -IN- THE-5UNSHlNE- MANUAL
wishing to remain anonymous; information received from another state or federal
government that is confidential under their law; and proprietary confidential business
information for alternative investments held by the Florida Opportunity Fund and the
Institute for the Commercialization of Public Research arc confidential and excmpt
and may not released except as provided therein. tvlcetings of the board of thc fund
or the institute at which such confidential information is discussed are exempt from
s. 286.011 and Art. I, s. 24(b); the exempt portion of meeting shall be records and
transcribed as provided therein.
Section 288.982, ES. n Specified records relating to military installations
or missions subject to the United States Department of Defense Base Realignment
and Closure 2005 process which are held by the Covernor's Advisory Council on
Base Realii-,1l1ment and Closure, Enterprise Florida, Inc., or the Office of Tourism,
Trade, and Economic Development are confidential and exempt. Meetings or
portions of meetings of the C;overnor's Advisory Council at which such confidential
records are presented or discussed are exempt from open meetings requirements.
Section 288.985, ES. -- Specified information held by the Florida Council
on Military Base and Mission Support relating to military base realignment and
closure is exempt and that portion of the council meeting where such information
is presented and discussed is closed as well as records generated during the closed
meeting.
Section 288.99(15), ES. -- Except as otherwise provided in the
exemption, information concerning an investigation or Office of Financial
Regulation review of a certified capital companv is confidential and exempt from
disclosure until the investigation or review is complete or ceases to be "active"
as that term is defined in the exemption. However, certain records may remain
confidcnual if disclosure would result in any of the consequences listed in the
exemption.
Section 292.055, ES. u The identity of a donor or prospective donor to
the Department of Veteransi Affairs direct-support organization who desires to
remain anonymous, and all information identifying such donor or prospective donor,
is confidential and exempt; portions of meetings of the direct support organization
during which the identity of donors or prospective donors are discussed are exempt.
Section 296.09(1), ES. -- The health record and annual reevaluation of
residents of the Veterans' Domiciliary Home of Florida arc 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), ES. -- Except as otherwise provided
in the section, all information obtained by the probable cause panel of the Board
of Pilot Commissioncrs from the consultant as part of an approved treatment
program for impaired licensees is confidential and exempt. I (xcept 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.
290
GOVERNMENT-IN-THE -SUNSHINE- MANUAL
Section 311.13, ES. -- Seaport security plans crcated pursuant to s, 311.12
are exempt from public disclosure. Materials that depict critical seaport opcrating
facilities are also exempt if the seaport reasonably determines that such items
contain information that is not generally known and thar 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, ES. -- Any proposal or counterproposal exchanged
between a deepwater port listed in s. 311.09(1) 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 entirv 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. I f 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.
Section 316.066(5)(a), ES. --Except as otherwise provided in the
cxemption, crash reports that reveal the identity, home or employment telephone
number or home or employment address of, ot 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 320.025(3), ES. -- ;\11 records relating to thc registration
application of a law enforcement agency, Attorney C;eneral'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, arc exempt from s. 119,f)7(1) as long
as the information is retained by the Department of Highway Safcty and Motor
Vehicles.
Section 320.05(2), ES. -- 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), ES. -- When a member of the Medical
Advisory Board acts directly as a consultant to the Department of Highway Safety
and Motor Vehicles, a board mcmbcr's individual review of the physical and mental
qualifications of a licensed driver or applicant is excmpt 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
confidcntial 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), ES. ..- 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.
291
GOVERNMENT -IN- THE -SUNSHIN E- MANUAL
Section 322.142(4), ES. n Reproductions of color photographic or
digital imaged licenses shall 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), ES. -- 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 reccived 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), ES. -- Thc Department of Higbway Safety and Motor
Vehicles shall furnish without charge specified driver license information from the
Division of Driver Licenses 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. Noncompliance \\~th this prohibition shall authorize the
department to charge the noncomplying court, state agency, state attorney, or law
enforcement agency the appropriate fee for any subsequent lists requested.
Section 328.40(3), ES. -- ,\11 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, ES. -- ;\irport security plans of an aviation authority or
aviation departmcnt 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 facilitics 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, ES. n Information held by Space Florida which is a tradc
secret, as defined in s. 812.081, including tradc sccrcts of Space Florida, any spaccport
user, or the space industry business 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 mcetings requirements when the board is discussing trade
secrets. Any public record generated during the closed portions of the meetings, such
as notes, minutes, and tape recordings, is confidential and excmpt from disclosure.
Section 334.049(4), ES. n 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 bv s. 688.002, is confidential and exempt from s. 119.07(1).
Section 337.14(1), ES. n Financial information required by the
Department of Transportation pursuant to this subsection shall be confidential and
excmpt from s. 119.07(1).
Section 337.162, ES. n Complaints submitted to the Dcpartment
of Business and Professional Regulation and maintained by the Department
292
GOVERNMENT-IN- THE-SUN SHINE-MANUAL
of Transportation pursuant to this scction relating to alleged violations of
state professional licensing laws or rules shall be confidential and excmpt from
s. 119.07(1). Any complaints submitted to the Department of Business and
Profcssional Regulation are confidential and exempt pursuant to Ch. 455 and
applicablc state law.
Section 337.168, F.S. n The Department of Transportation's official
project cost estimates and potential bidders' identities are confidential and
exempt from s. 119.07 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 that is in
the possession of thc Department of Transportation, a county, or an expressway
authority that relates to payment of tolls by credit card, charge card, or check is
exempt from s. 119.07 (1).
Section 339.0805(1)(c), F.S. n The application and financial
information required for certification by the Department of Transportation as a
socially and economically disadvantagcd business enterprisc are confidential and
excmpt from s. 119.07(1).
Section 350.121, F.S. -- Any records obtaincd by the Public Service
Commission pursuant 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 dctermined by the commission or
by a court or administrative agency to be trade secrcts 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 Serv;ce Commission is confidential and exempt exccpt as provided therein.
Section 364.18(2), ES. -- Reports filed by a telecommunications company
to the Public Service Commission pursuant to this subsection shall be confidential
and exempt from s. 119.07(1) to the extent that they qualify for such treatment
pursuant to s. 364.183, relating to protection from disclosure of proprietary
confidential business information.
Section 364.183, ES. -- Records provided by a telecommunications
company to the Public Service Commission which arc found by the commission to
constitute proprietary confidential business information as defined in the section
shall be confidential and exempt from s. 11907(1).
Section 365.171(12), ES. -- 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 uiformation about, or information which may
identify any person requesting emergency service or reporting an emergency by
293
GOVERNMENT -IN- THE-SUNSHlNE-MANUAL
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.
Section 365.174, ES. -- Proprietary confidential business information, as
defined in the exemption, that is submitted by a wireless 911 provider to the Wireless
911 Board or the State Tcchnology Office is confidential and exempt from public
disclosure requirements.
Section 366.093, ES. -- Records provided by a public utility company to
the Public Service Commission which, upon the request of the public utility or any
person, arc 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, ES. .- Records prov;ded by a water or wastewatcr utility to
the Public Service Commission which, upon the request of the utility or any person, arc
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, ES. -- 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. 119.07(1).
Section 373.139(3)(a), ES. n Appraisal reports, offers, and counteroffers
for the acquisition of real property by watcr managcment districts created under Ch.
373 are confidential 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. I f negotiations
are terminatcd by the district, the appraisal report, offers and counteroffers shall
become available pursuant to s. 11 9'()7 (1).
Section 373.71(8) and (9), ES. n The mediator selected by parties
to the Apalachicola-Chattahoochee-Flint River Basin Compact shall not divulge
confidcntial information disclosed to the mediator by the parties or by witnesses
in the course of the mediation. All records rcceived by a mediator while serving
as mediator shall bc considcred confidcntial and each party to the mediation shall
maintain the confidentiality of thc information.
Section 377.075(4)(f), ES. -- Company data collected by the State
Geologist from specified agcncies 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 excecd 10
294
GOVERNMENT - IN- THE-SUNSHlNE-MANUAL
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. 119.07(1) 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. -- ;\ny 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. 119.07(1), 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
thc Department of Environmental Protection pursuant to this section shall, upon the
requcst of the person conducting the activities, be held confidential for 10 years and
shall be exempt from disclosure.
Section 377.2421(2), F.S. n 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 rcquirements that
are required by the federal agency and arc 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 \\~th a county or municipality
upon request and may, on its own initiative, share such information \\~th 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
cxcmpt from s. 119.07(1).
Section 377.606, F.S. -- Proprietary information obtained by the
Department of Community Affairs 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 thc 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 rhe person
requests that such information be held confidential, except in accordance with a court
order, or in the publication of statistical information compiled 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).
295
GOVERNMENT-lN-THE-S UNSHIN E- MANUAL
Section 378.101 (3)(b), ES. -- Matcrials which relate to methods of
manufacture or production, actual or potential trade secrets, patentable or potentially
patentable materials, business transactions, or proprietary information pertaining to
research conducted by or on behalf of the Florida Institute of Phosphate Research
are confidential and exempt from s. 119.07(1), except that the institute shall disclose,
upon request, the title and description of any research project, the researchers'
names and the amount and source of funding for the project.
Section 378.208(5), ES. -- 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 anothcr governmental
agency, shall be confidential and excmpt from s. 119.07, and the department shall
ensure the confidentiality of such statements.
Section 378.406(I)(a), ES. n Any information relating to prospecting,
rock grades, or secret processes or methods of operation which may be rcquired,
ascertained, or discovered by inspection or investigation shall be exempt from s.
119.07(1) if tlle 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), ES. -- 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 desircs 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 379.3511, ES. n ;\11 social security numbers that are provided
pursuant to cited statutes and are contained in records of any subagent for the
sale of fishing, hunting and trapping licenses under this section arc confidential as
provided in those statutes.
Section 379.352(3), ES. n Disclosure of a license applicant's social security
number which is obtained by the Fish and Wildlife Conservation Commission as
required by statute is limited to child support enforcement purposes and use by the
commission, and as otherwise provided by la",
Section 379.362(6), ES. -- Except as provided in the exemption, rcports
required of wholesale dealers regarding saltwaler products are confidential and
exempt from s. 119.07(1).
Section 381.0031(4), ES. -- Information submitted in rcports of diseases
of public health significance to the Department of Health as required by this section
is confidential and exempt from s. 119.07(1), and shall be open only when necessary
to public health.
Section 381.004(3),(4),(5),(6), ES. -- Except as otherwise provided,
296
GOVERNMENT -IN- THE-SUNSHlNE-MANUAL
human immunodeficiency virus test results, and the identity of any person upon
whom a test has been performed, arc 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. 11907(1).
Section 381.0041(9), ES. n 1\11 blood banks shall be governed by the
provisions of s. 381.004(3) relating to confidentiality of HIV test results and the
identity of test subjects.
Section 381.0055(1) and (2), ES. - 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 activitics 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), ES. -- 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(5)(a) 16., ES. -- Provisions in the school health
set\;ces plan developed pursuant to this section for maintenance of health
records of individual students must be in accordance ,,~th s. 1002.22, relating to
confidentiality of student records.
Section 381.775, ES. nExcept as providcd in the exemption, all oral and
written records, 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 arc relevant to an inquiry and should be released and all
records relating thcreto are confidential and exempt from s. 119.07(1).
Section 381.83, ES. -- Tradc secrets as defined in s. 812'c)81 (1)(c) 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, ES. -- The following information held by the Florida
Center for Brain Tumor Research is confidential and exempt from disclosure
requirements: An individual's medical record and any information received from an
indi,;dual from another state or nation or the federal government that is otherwise
confidential or exempt pursuant to the laws of that state or nation or pursuant to
297
GOVERNMENT-IN -THE-SUNSHINE -MAN UAL
federal law.
Section 381.95(1), ES. -- 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
rcqillrements.
Section 382.008(6), ES. n 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. 119.07(1), 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 382.013(4), ES. n 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 bc 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), ES. -- Thc original birth certificate shall contain
all information required by the Department of Ilcalth 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.
382025.
Section 382.017(1), ES. -- Aftcr 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 cxcept pursuant to court order.
Section 382.025(1), ES. -- Except for birth records over 100 years old
which are not under seal pursuant to court order, all birth records of this srate are
confidential and exempt from s. 119.07(1). Certified copics of the original birth
certificate or a new or amended certificate, or affidav;ts 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), ES. n .\ ccrtification 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 entitics specified in the
subsection. All portions of a death certificate shall cease to bc exempt 50 years after
the death.
Section 382.025(3), ES. -- Records or data issued by the DepartmCt1t
of Health to govcrnment 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.
298
GOVERNMENT-IN - THE-SUNSHINE- MANUAL
Section 382.025(4), ES. -- Except as provided in this section, preparing or
issuing certificates of live birth, death, or fetal death is exempt from the prm;sions
of s. 119.07(1), FS.
Section 383. 14(3)(d), ES. -- The confidential registry of cascs
maintained by the Department of Health pursuant to this section Irelating to
phenylketonuria and other metabolic, hereditary and congenital disordersJ shall
be exempt from s. 119.07(1).
Section 383.32(3), ES. -- 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 surveyor complaint investigation.
Section 383.325, ES. n 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 excmpt from s. 119.07 (1) and shall not be distributed or
made available as public information unless or until such confidential status cxpires,
except as provided in s. 383.32(2)(c) requiring records to be made available for audit
by licensure personnel.
Section 383.412(1) and (2), ES. --Information that reveals the identity of
the deceased child's surViving siblings, family members, or others living in the home
of a deceased child who is the subject of revicw by, and which is held by, the State
Child j\buse Death Review Committee or local committee, or a panel or committee
assembled by the state committee or a local committee pursuant to s. 383.402, is
confidential and exempt. Portions of committee meetings at which information made
confidential and exempt pursuant to subsection (1) are discussed are exempt from
open meetings requirements.
Section 383.51, ES. --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
requiremenrs.
Section 384.26(2), ES. -- All information gathered by the Department of
Health and its authorized representatives in the course of contact investigation of
sexually transmissible diseasc infection shall be considered confidential and exempt
from s. 119.07(1), and subjcct to the provisions of s. 384.29.
Section 384.282(3), ES. -- 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.c17(1).
Section 384.287(6), ES. -- l\n authorized person who receives the results of a
test for sexually transmissible discase 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
299
GOVERNMENT-IN -THE -SUN SHIN E- MANUAL
the person tested as required by s. 381.004.
Section 384.29, F.S. -.. .\11 information and records held by the
Department of Health and its authorized representatives relating to known or
suspected cases of sexually transmissible diseases arc confidential and exempt
from s. 119.07(1). 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. lixcept as provided in the section, information disclosed
pursuant to a subpoena is confidential and cxempt from s. 119'(J7 (1).
Section 384.30(2), F.S. n The fact of consultation, cxamination, and
treatment of a minor for a sexually transmissible disease is confidential and exempt
from s. I 19.07(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. 119.07(1) cxcept as provided in
the subsection.
Section 390.01114(4)(e), 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 rcmain confidcntial and closed to the public, as
provided by court rule.
Section 390.01116, F.S. -- When a minor petitions a circuit court for
a waiver, as provided in s. 390.01114, of the notice requircments pertaining to a
minor seeking to tcrminate her pregnancy, any information in a record held by
the circuit court or an appellate court which could be used to identify the minor is
confidential and exempt from disclosure.
Section 390.0112(3), 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
ordcr in a civil or criminal proceeding.
Section 392.54(2), F.S. -- All information gathcred by the Department of
Health and its authorized represcntatives in the course of contact investigation of
tuberculosis exposurc or infection shall be confidential, subject to the provisions of s.
392.65. Such information is exempt from s. 119.07(1).
Section 392.545(3), F.S. n The name of any person subject to
proceedings initiatcd by the Department of Health relating to a public health
threat from tuberculosis shall not be revcaled 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
300
GOVERNMENT-IN -THE-SUNSHINE-MANUAL
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. 119.07(1). Such information may not be released
or made public by the department or its represcntativcs, 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. n It is a third degree felony for any person
to willfully, knowingly, or intentionally release information from the juvenilc
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 scrcening for employment as specified in
those sections.
Section 393. 13 (4)(i) 1., F.S. -- Central client records of persons with
developmental disabilities are confidential and exempt from s. 119.07(1) and no part
of such rccords shall be released except as authorized in this paragraph.
Section 394.4615(1) and (7), F.S. -- Clinical records of persons subject
to "The Bakcr Act" arc 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)2., F.S. n The independent cxpert'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. n Records of quality assurance programs of
community mental hcalth 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 dctermine Iicensce compliance with this section
are confidential and exempt from s. 119.07(1). 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 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 compliancc with this section (relating to inspection
reports of licensed facilities) unless or until such confidential status expircs.
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 arc not subject to
inspcction under the provisions of s. 119.07(1), even if thc division's investigation
results in a finding of probable cause.
301
GOVERNMENT -IN- THE-SUNSHlNE-MANUAL
Section 395.0193(7), ES. u The proceedings and records of peer review
panels, committees, or governing boards of licensed facilities (i.e., a hospital or
surgical facility licensed in accordance with Ch. 395) which relate solely to actions
taken in carrying out this section (i.e., disciplinary proceellings against staff) are not
subject to inspection under s. 119.07(1) and meetings held to achieve the objectives
of such panels, committees or governing boards arc not open to the public under Ch.
286.
Section 395.0197(6)(c), ES. -- The annual report submitted by a facility
licensed under Ch. 395 (hospitals and surgical facilities) to the Agency for Health
Care Administration concerning information on incidents as provided in this section
is confidential and is not available to the public pursuant to s. 119'<17(1) or any other
law providing access to public records.
Section 395.0197(7), ES. u f\n adverse incident report submitted by
a facility licensed under Ch. 395 to the !\gency for Health Care Administration
pursuant to this subsection shall not be available to the public pursuant to
s. 119.07(1) or any other law providing access to public records, except as
authorized therein.
Section 395.0197(13), ES. -- Records of licensed facilities which are
obtained by the Agcncy for Health Care Administration under cited subsections in
order to carry out the provisions of this section relating to incidents and injuries
arc not available to the public undcr s. 119.07(1), nor shall they be discoverable or
admissible in any civil or administrative action, except in disciplinary procecdings by
the agencies set forth in the subsection.
Section 395.0197(14), ES. -- The meetings of the committees and
governing board of a facility licensed under this chapter (hospitals and surgical
facilities) held solely for the purpose of achieving the objectives of risk management
as provided by this section shall not be open to the public under Ch. 286. The
records of such meetings are confidential and exempt from s. 119.07(1), except as
provided in subsection (13).
Section 395.1025, ES. -- Notification to an emergency medical
technician, paramedic or other person that a patient they treated or transported
has an infectious disease shall be done in a manner to protect the confidentiality of
such patient information and shall not include the patient's name.
Section 395.1046(3), ES. -- A complaint against a hospital and all
information obtained by the Agency for Health Care Administration during an
investigation pursuant to this section are exempt from disclosure and may not be
disclosed until 10 days after probable cause has been found by the agency or the
subject of the investigation waives his or her privilege of confidentiality, whichever
occurs first. In cases where the agency finds the complaint is nor legally sufficient
or when the agency determines that no probable cause exists, all such records are
confidential and exempt from disclosure; however, the complaint and a summary of
the agency's findings shall be available although information identifying an individual
shall not bc disclosed.
302
GOVERNMENT -IN- THE-SUNSHlNE-MANUAL
Section 395.1056, ES. -- Those portions of a comprehensive emergency
management plan that addrcss the response of a public or private hospital to an act
of terrorism held by specified agencies are confidential and exempt from disclosure
requirements but may be discloscd to another agency for anti-terrorism efforts as
set forth in the exemption. That portion of a public meeting which would reveal
information contained in a comprehensive emergency management plan that
addresses the response of a hospital to an act of terrorism is exempt from open
meetings requirements.
Section 395.3025(4), ES. n Patient records are confidential and
must not be disclosed without the consent of the patient or his or her legal
representative except that appropriate disclosure may be made as provided in
the subsection.
Section 395.3025(7)(a), ES. n If the content of any patient treatment
record is provided under this section, the recipient, if othcr than the patient or the
patient's representative, may use such information only for the purpose provided
and may not further disclose any information unless expressly permittcd by written
consent of the patient. The content of such patient records is confidential and
exempt from disclosure.
Section 395.3025(8), ES. -- Patient records at hospitals and surgical
facilities are exempt from disclosure under s. 119.07(1), except as provided in
subsections (1) through (5) of this section.
Section 395.3025(9), ES. n A faCIlity licensed under Ch. 395 (hospitals
and surgical facilities) may prescribe the content and custody of limited-access
records which the facility may mamtain on its employees. Such records are limited to
information regarding evaluations of employee performance and shall be accessible
only as provided in the subsection. Such limited-access employee records are exempt
from s. 119.07(1) for a period of 5 years from the date such records are designated
limited-access records.
Section 395.3025(10) and (11), ES. -- Except as prov;ded in the
exemption, the home addresses, telephone numbers, and photographs of
employees of any licenscd hospital or surgical facility who provide direct patient
care or security services, as well as specified information about the spouses and
children of such employees, are confidential and exempt. The same information
must also bc held confidential by the facility upon written request bv other
employees who have a reasonable belief, based upon specific circumstances that
have been reported in accordance with the procedure adopted by the facility,
that release of the information may be used to threaten, intimidate, harass, inflict
violence upon, or defraud the employee or any member of the employee's family.
Section 395.3035(2), ES. -- Certain public hospital records and
information, as described in the subsection, are confidential and exempt from
disclosure. For more information, please refer to the discussion on hospital records
found in Part II.H. of this Manual.
Section 395.3035(3), ES. n Those portions of a meeting of a public
303
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
hospital's governing board, relating to contract negotiations as described in the
subsection are cxempt from the public meeting requirements; however, all governing
board meetings at which the board is scheduled to vote on contracts, except
managed care contracts, arc open to the public. J\ll portions of a board mecting
closed to the public shall be subject to procedural requirements as set forth in the
subsection.
Section 395.3035(4), ES. -- Those portions of a mceting of a public
hospital's governing board at which written strategic plans that arc confidential
pursuant to s. 395.3035(2), are discussed, reported on, modified, or approved by the
governing board are exempt from open meetings rcquirements provided that certain
procedural requirements as set forth in the subsection are complied with.
Section 395.3035(5), ES. ;\ny public records such as tapes, minutes,
and notes, generated at a public hospital governing board meeting which is closed to
the public pursuant to this section arc confidential and exempt from disclosure. All
such rccords shall be retained and shall cease to be exempt at the same time as the
transcript of the meeting becomes available to the public.
Section 395.3036, ES. -- The records of a private corporation that leases
a public hospital or other public health care facility are confidential and exempt from
disclosure and the meetings of the governing board of a private corporation are
exempt from opcn meetings requirements when the public lessor complies with the
public finance accountability provisions of s. 155.40(5) with respect to the transfer
of any public funds to the private lessee and when the private lessee meets at least 3
of 5 criteria set forth in the exemption.
Section 395.4025(12), ES. n Patient care, transport, or treatment records
or reports, or patient care quality assurance proceedings, rccords, or reports obtained
or made pursuant to this section (relating to trauma centers) or pursuant to other
statutes cited in the subsection, must be held confidential by the Departmcnt of
Health and arc exempt from s. 119.07(1).
Section 395.404(1)(b), ES. n Trauma registry data obtained
pursuant to this subsection are confidential and exempt from disclosure except
as set forth in the statute.
Section 395.51(1),(2), ES. -- Information which is confidential by
operation of law and which is obtained by a trauma agency or committee assembled
pursuant to s. 395.50, shall retain its confidential status and be exempt from s.
119.07(1). Such information which is obtained by a hospital or emergency medical
sen;ces provider from a trauma agency or committee shall retain its confidential
status and be exempt from s. 119.07(1).
Section 395.51(3), ES. n Portions of meetings, proceedings, reports and
records of a trauma agency or committec assembled pursuant to this chapter, which
relate solely to patient care quality assurance are confidential and excmpt from s.
286.011. Parient care quality assurance, for the purpose of this section, shall include
consideration of specific persons, cases, incidents relevant to the performance of
quality control and system evaluation.
304
GOVERNMENT-IN - THE-S UNSHlN E- MANUAL
Section 397.419(5), F.S. -- Records of substance abuse service providers
which relate solely to actions taken in carrying out this section relating to quality
improvement and records obtained by the Department of Children and Family
Services to determine a provider's compliance 'W~th this section are confidential
and exempt. Meetings or portions of meetings of quality improvcment program
committees that relate solely to actions taken pursuant to this section arc exempt
from s. 286.011.
Section 397.461 (3), F.S. -- It is a first degree misdemeanor to
'W~llfully, knowingly, or intentionally release any criminal or juvenile information
obtained under Ch. 397, "Substance Abuse Serv;ces," for any purpose other than
background checks of personnel for employment.
Section 397.501 (7), F.S. -- Records of substance abuse servicc providers
pertaining to the identity, diagnosis, and pro!.,mosis of and service provision to any
individual are confidential in accordance with Ch. 397 and federal confidentiality
rcgulations, and are excmpt from disclosure. Such records may not be disclosed
without the individual's written consent except under circumstances specified in the
subsection.
Section 397.752, F.S. -- An inmate's substance abuse service records are
confidential in accordance with s. 397.501 (7).
Section 400.0077(1), F.S. -- Except as otherwise provided in the
subsection, the following records relating to long-term care ombudsman councils
are confidential and exempt from s. 119.07(1): resident records held by an
ombudsman or by thc state or a local ombudsman council; rhe names or identities
of complainants or residents involved in a complaint; and any other information
about a complaint.
Section 400.0077(2), F.S. -- That portion of a long-term care
ombudsman council mecting in which the council discusses information that is
confidential and exempt from s. 119.07 (1) is closed to the public and exempt from
s. 286.011.
Section 400.022(1)(m), F.S. -- Personal and medical records of
nursing home residents are confidential and exempt from s. 119.07(1).
Section 400.0255(14), F.S. -- Except as provided in this subsection, in any
proceeding under this section (relating to hearings of facility decisions to transfer
or discharge nursing home residents) the following information concerning the
parties is confidential and exempt from disclosure: names and addresscs, medical
services provided, social and economic comlitions, personal information evaluations,
medical data, and informatIOn verifying income eligibiliry and amount of medical
assistance payments.
Section 400.119, F.S. -- Records of meetings of the risk-management
and quality assurance committee of a long-term care facility, as well as incident
reports filed with the facility's risk manager and administrator, notifications of the
occurrence of an adverse incident, and advcrse-incident reports from the facility
305
GOVERNMENT - IN- THE-SUNSHlNE-MANUAL
are confidential and exempt. Meetings of an internal risk management and quality
assurance committee are exempt from open meetings requirements and are not open
to the public.
Section 400.494(1), F.S. -- Information about paticnts reccived by persons
employed by, or providing services to, a home health agcncy or received by the
licensing agency through reports or inspection is confidential and exempt from s.
119'()7(1) and shall be disclosed only as authorized in the exemption.
Section 400.611 (3), F.S. n Patient records of hospice care are confidential
and may not be released except as provided in the subsection. Information obtained
from patient records by a state agency pursuant to its statutory authority to compile
statistical data is confidential and exempt from s. 119.07(1).
Section 400.945, F.S. -- Medical and personal identifying information
about patients of a home medical equipment provider which is received by the
licensing agency through reports or inspection is confidential and exempt.
Section 401.30(3), F.S. -- Reports to the Department of Health from
emergency medical services licensed pursuant to Part III, Ch. 401, which cover
statistical data are public records except that the names of patients and other
patient identifying information contained in such reports are confidential and
exempt from s. 119.07(1).
Section 401.30(4), F.S. -- Records of emergency calls which contain patient
examination or treatment information are confidential and exempt from s. 119.07(1),
and may not be disclosed except as provided in the subsection.
Section 401.414(3), F.S. n j\ complaint concerning an alleged
violation of Part III of Ch. 401, relating to emergency medical serv;ces, and all
information obtained in the investigation by the Department of Health shall
be confidential and exempt from s. 119.07(1) until 10 days after probable cause
is found or the subject of the invcstigation waives confidentiality, whichever
occurs first. However, the department IS not prohibited from providing such
information to a law enforcement or regulatory agency.
Section 401.425(5), F.S. -- The records obtained or produced by an
emergency medical review committee providing quality assurance activities as
described in subsections (1) through (4) of the section are exempt from disclosure
and committee proceedings and meetings regarding quality assurance activ;ties are
exempt from open meetings requirements.
Sections 402.165(8) and 402.166(8), F.S. -- All information obtained
or produced by the Florida Statewide j\dvocacy Council or by a local advocacy
council that is madc confidential by law, that relates to the identity of a client
subject to the protections of this section, or that relates to the identity of an
individual prm;ding information to the council about abuse or alleged violations
of rights, is confidential and exempt from disclosure. Portions of meetings before
such councils relating to the identity of such individuals or where testimony is
provided relating to records otherwise made cunfidential by law arc not subject
306
GOVERNMENT -IN- THE-SUNSHlNE-MANUAL
to open mectings requirements. 1\11 records prepared by council members which
reflect a mental impression, investigative strategy, or theory arc cxempt from s.
119.07(1) until completion of the investigation or the investigation ceases to be
active as defined in the sectlOn.
Section 402.22(3), ES. n Statutory confidentiality requirements apply
to information used by interdisciplinary teams involved in decisions regarding the
design and delivery of specified services to students residing in residential carc
facilities operated by the Departmcnt of Children and Family Services and the
Agency for Pcrsons with Disabilities, and such information is exempt from ss.
119.07(1) and 286.011.
Section 402.308(3)(a), ES. n Disclosurc of the social security number
submitted by an applicant for a child care facility license issued by the Department of
Children and Family Services shall bc limited to child support enforcement purposes.
Section 403.067(7)(c)5., ES. -- Agricultural records relating to production
methods, profits, or financial information held by the Department of Agriculture and
Consumer Services in connection with its dutics relating to water pollution reduction
are confidential and cxempt from disclosurc requirements.
Section 403.074(3), ES. n Proprietary information obtained by
the Department of Environmental Protection during a visit to provide on site
technical assistance pursuant to the Pollution Prevention i\ct shall be treated in
accordance with s. 403.111, unless such confidentiality is waived by the party who
requested assistance.
Section 403.111, ES. -- Except as othetwise provided in this section, upon
a determination of confidentiality by thc Department of Environmcntal Protection in
accordance with the standard and procedures established in subsection (1), specified
manufacturing or financial information which is obtaincd through inspection or
investigation by the department shall be exempt from s. 119.07(1), shall not be
disclosed in public hearings, and shall be kept confidential by the department.
Section 403.7046(2)and (3)(b), ES. -- Information reported to the
Department of Environmental Protection or to a local government by a recovercd
materials dealer pursuant to this section which, if disclosed, would reveal a trade
secret, as defined in s. 812'()81 (1)(c), is confidential and exempt from disclosure.
Section 403.73, ES. n Trade secrets as defined in s. 812'()81(1)(c) contained
in records, reports, or information obtained from any person under the Florida
Resourcc Recovery and Management Act which have been determined by the
Department of Environmental Protection, in accordance with the procedures set
forth in this section, to constitute trade secrets, are confidential and excmpt from s.
119.07(1) except as provided in the section.
Section 405.02, ES. -- Research groups, governmental health agcncies,
medical societies and in-hospital medical staff committees may use or publish
released information only for the purpose of advancing medical research or
education.
307
GOVERNMENT-IN - THE-SUNSHIN E- MAN UAL
Section 405.03, ES. -- The identity of any person treated or studied as
provided in this chapter (relating to medical information available for research) shall
be confidential and exempt from s. 119.07(1).
Section 406.075 (3)(b), ES. -- All proceedings and findings of the
probable cause panel investigating a medical examiner are exempt from s. 286.011
until probable cause has been found or the subject of the investigation waives
confidentiality. The complaint, investigative findings, and recommendations
of the probable cause panel are exempt from s. 119.07(1) until 10 days after
probable cause has been found or until the subject has waived confidentiality. The
commission may provide such information at anv time to any law enforcement or
regulatorv agency.
Section 406.135, ES. n Except as provided in the exemption, autopsy
photographs and video and audio recordings of an autopsy held by the medical
examiner are confidential and exempt from public disclosure rcquirements.
Section 408.061 (l)(d), ES. -- Specific provider contract reimbursement
data which are obtained by the Agency for Health Care Administration from
health care facilities, health carc providers, or health insurers as a result of on site
inspections may not be used by the state for purposes of direct provider contracting
and are confidential and exempt from disclosure.
Section 408.061 (7), ES. -- Portions of paticnt records obtained or
generated by the Agency for Health Care Admmistration whICh contain identifying
information of any person or the spouse, relative, or guardian of such person or any
other identifying information which is patient-specific or otherwise identifies the
patient, either directly or indirectly, are confidential and exempt from disclosure.
Section 408.061 (8), ES. -~ The identity of any health care provider,
health care facility, or health care insurer who submits proprietary business
information, as defined in the section, to the Agency for Health Care
,\dministration is confidential and exempt from disclosure except as provided in
the subsection.
Section 408.061(10), ES. n Confidential health care information may
be released to other governmcntal entities or to parties contracting with the
Agency for Health Care Administration; however, the rcceiv;ng entity shall retain
the confidentiality of such information as pro\;ded in this section.
Section 408.185, ES. -- Trade secrets and other confidential proprietary
business information submitted by a member of the health care community to the
Office of the Attorney Ceneral pursuant to a request for an antitrust no-action letter
is confidential and exempt from disclosure for one ycar after the date of submission.
Section 408.7056(14), ES. .. :\ny information that identifies a
subscriber which is held by the subscriber assistance panel, Agencv for Health
Care Administration, or the Department of l'inancial Services pursuant to this
section is confidential and exempt from disclosure. Meetings of the panel shall
be open to the public unless the provider or subscriber whose grievance will be
308
GOVERNMENT-IN-THE -SUNSHINE - MANUAL
heard requests a closed meeting or the agency or the department determines
that information which discloses the subscriber's medical treatment or history or
information relating to Internal risk management programs may be revealed at the
panel meeting, in which case that portion of the meeting shall be exempt from
open meetings requirements. All closed meetings shall be recorded by a certified
court reporter.
Section 409.175(12), ES. -- It is unlawful for any person, agency, summer
day camp, 01' summer 24-hour camp providing care for children to release information
from the criminal or juvenile records obtained under this section to any other person
for any purpose other than screening for employment as specified in this section.
Section 409.175(16), ES. n Specified personal information about
fostcr parent applicants, licensed foster parents, and the families of foster parent
applicants and licensees, held by the Department of Children and Family Services
is exempt from disclosure unless otherwise provided by a court or as provided in
the exemption. The name, address, and telephone number of persons providing
character or neighbor references are cxempt.
Section 409.176(12), ES. n It is unlawful for any person or facility to
release information from the criminal or juvcnile records obtained under Ch. 435, s.
409.175 or this section (relating to registration of residential child-caring agencies)
for any purpose other than screening for employment as specified in those statutes.
Section 409.25661, ES. -- Information obtained by the Department of
Revenue undcr an insurance claims data exchange system is confidential and exempt
until such time as the department dctermines whether a match exists. If a match
exists, such information becomes available for public disclosure. If a match does not
exist, the nonmatch information shall be destroyed as provided in s. 409.25659, FS.
Section 409.2577, ES. n Information gathered or used by the parent
locator service is confidential and exempt from s. 119.07(1) and such information
may be made available only to the persons and agencies and for the purposes listed in
the section.
Section 409.2579, ES. -- Information concerning applicants for or
recipients of Title IV-D child support services is confidential and exempt from s.
119.07(1). The use or disclosure of such information by the IV-I) program is limited
to the purposes, and subjcct to the limitations, set forth in the section.
Section 409.441(5), ES. -- All information about clients which is part of
a runaway youth center's intake and client records system is confidential and exempt
from s. 119.07(1).
Section 409.821, ES. n Information identifYing a Florida Kidcare
applicant or enrollee held by specified agencies is confidential and exempt, and
may be disclosed only as authorized in the exemption.
Section 409.910(17)(d), ES. -- J\ll information obtained and documents
prepared pursuant to an investigation of a Medicaid recipient, the recipient's legal
309
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
representative, or any othcr person relating to an allegation of recipient fraud or theft
is confidcntial and exempt from s. 119.07(1): until such time as the Agency for Health
Care Administration takes final agency action; until the case is referred for criminal
prosecution; until an indictment or information is filed in a criminal case; or at all
times if otherwise protccted by law.
Section 409.910(20)(a), ES. -- All information obtained from the Office
of Insurance Regulation of the Financial Services Commission relative to certain
itcms of medical care and services furnished to eligiblc persons provided health
scrvices undcr this section shall be confidential and exempt from s. 119.07(1).
Section 409.91196(1) and (2), ES. -- The rebate amount, percent
of rebate, manufacturer's pricing, and supplemental rebate, and other trade
secrets that the Agency for Health Care Administration has identified for use in
negotiations, held by the agency under s. 409.912(39)(a)7., arc confidential and
exempt from public disclosure requirements. That portion of a meeting of the
Medicaid Pharmaccutical and Therapcutics Committee at which this information
is discussed is exempt from public meetings requircments. A record of an exempt
portion of a meeting must bc made and maintained.
Section 409.913(12), ES. -- The complaint and all information
obtained pursuant to an investigation of a Mcdicaid provider, or the authorized
representativc of a provider, relating to an allegation of fraud, abuse, or neglect are
confidential and exempt from s. 119'(17(1) until such time as the Agency for Health
Carc Administration takes final agency action; until the Attorney C;eneral refers the
case for criminal prosecution; until 10 days after the complaint is dctermined to be
without merit; or at all timcs if otherwisc protected by law.
Section 409.920(9)(f), ES... Pursuant to the conduct of the statewide
program of Medicaid fraud control, the i\ttorney Ceneral shall safeguard the privacy
rights of all individuals and provide safeguards to prevent the use of patient medical
records beyond the scope of a specific investigation of fraud or abuse without the
patient's writtcn conscnt.
Section 410.037, ES. -- Information about disabled adults receiving
services under ss. 410.031-410.036 (relating to home care of disabled adults) which
is received by the Department of Children and Family Services or its authorized
employees, or by persons who provide services to disabled adults or elderly persons
as volunteers or pursuant to contracts with the department is confidential and exempt
from s. 119.07(1). Such information may not be disclosed publicly in a manner that
identifies a disabled adult without the written consent of the person or his or her
legal guardian.
Section 410.605, ES. -- Information about disabled adults receiving
services under the Community Care for Disabled Adults Act which is received by
the Department of Children and Family Sen;ces or its authorized employees, or by
persons who providc services to disabled adults as volunteers or pursuant to contracts
with the department is confidential and exempt from s. 119.07(1). Such information
may not be disclosed publicly in a manner which would identify a disabled adult
without the written consent of such pt'fson or the disabled adult's legal guardian.
310
GOVERNMENT-IN- THE-5UNSHIN E-MANUAL
Section 411.011, F.S. -- Individual records of children enrolled in school
rcadiness programs, held by an early learning coalition or the Agency for Workforce
Innovation, are confidential and exempt from public disclosure. The child's parent
or guardian and other cntities as set forth in the exemption are authorized to have
access to the records.
Section 413.012(1), F.S. n All records furnished to the Division of Blind
Sen;ces in conncction with state or local vocational rehabilitation programs and
containing information as to pcrsonal facts about applicants or clients given to the
state or local vocational rehabilitation agency, its representatives or its employees in
the course of the administration of the program including lists of names, addresses
and rccords of client evaluations are confidential and exempt from s. 119.07(1).
Section 413.341, F.S. -- Oral and written records, information, letters and
reports received, made, or maintained by thc Division of Vocational Rehabilitation
of the Department of Education relative to clients or applicants are privilegcd,
confidential, and exempt from s. 119.07(1), and may not be released except as
provided in the scction. Records that come into the possession of the division and
that are confidential by other provisions of law are confidential and exempt from
the provisions of s. 119.07(1), and may not be released by the division, except as
provided in this section.
Section 413.405(11), F.S. n Meetings, hearings, and forums of the Florida
Rehabilitation Council established to assist the Division of Vocational
Rehabilitation in the planning and development of statcwide rehabilitation programs
and services shall be open and accessible to the public unless rhere is a valid reason
for an executive session.
Section 413.615(7)(a) and (b), F.S. n The identity of, and all information
identifying, a donor or prospectivc donor to thc Florida Endowment Foundation
for Vocational Rehabilitation who desires to remain anonymous is confidcntial and
exempt from disclosure. Portions of rhe meetings of the foundation during which the
identity of donors or prospective donors is discussed are exempt from open meetings
requirements. Records relating to clicnts or applicants to the Division of Vocational
Rehabilitation that come into the possession of the foundation and that are
confidential by other provisions of law arc confidential and excmpt from disclosure,
and may not be released by the foundation. Portions of meetings of the foundation
during which the identities of such clients Of applicants arc discussed are exempt
from open meetings requirements.
Section 413.615(11), F.S. -- The identities of donors and prospective
donors to the Florida Endowment Foundation for Vocational Rehabilitation
who desire to remain anonymous shall be protected and the anonymity shall be
maintained in the auditor's rcport.
Section 414.106, F.S. -- That portion of a meeting held by the
Dcpartment of Children and Family Services, Workforce Florida, Inc., a regional
workforce board, or a local committee at which personal identifying information
contained in records relating to temporary cash assistance is discussed is exempt
from open meetings requirements, if the information identifies a participant, a
311
GOVERNMENT-lN-THE-SUNSHINE- MANUAL
participant's family or household member.
Section 414.295(1), F.S. n Exccpt as provided in the exemption, personal
identifying information of a temporary cash assistance program participant, a
participant's family or a participant's family or household member, except for
information identifying a noncustodial parent, held by the agencies set forth in the
exemption, is confidential and exempt from public disclosure requirements.
Section 415.1045(1)(a), F.S. -- All photographs and v;deotapes taken
during the course of a protective investigation of alleged abuse or neglect of a
vulnerable adult arc confidential and exempt from public disclosure as provided
in s. 415.107.
Section 415.107(1), F.S. n All records concerning reports of abuse,
neglect or exploitation of a vulnerable adult, including reports made to thc central
abuse hotline and all records generated as a result of such reports are confidential
and exempt from s. 119.07(1) and may not be disclosed except as authorized in ss.
415.101-415.113.
Section 415.107(3)(1), F.S. -- Access to records concerning reports of
abuse, neglect or eXploitation of a vulnerablc adult shall be granted to any person
in the event of the death of a vulnerable adult determined to be a result of abuse,
neglect, or exploitation. Information identifying the person reporting abuse, neglect
or eXploitation shall not be released. Any information otherwise made confidential or
exempt by law shall not be released pursuant to this paragraph.
Section 415.107(6), F.S. n The identity of any person reporting adult
abuse, neglect or eXploitation may not be released without that person's written
consent to any person except as authorized in the subsection. This subsection grants
protection only for the person who reports adult abuse, neglect or eXploitation and
protects only the fact that the person is the reporter.
Section 415.111(2), F.S.-- A person who knowingly and willfully makes
public or discloses any confidential information contained in the central abuse
hotline, or in other computer systems, or in the records of any case of abuse, neglect,
or exploitation of a vulnerable adult except as provided in ss. 415.101-415.113
commits a second degree misdemeanor.
Section 427.705(6), F.S. -- The names, addresses, and telephone
numbers provided to the Public Service Commission or administrator of the
telecommunications access system established for the hearing impaired and speech
impaired populations, by applicants for specialized telecommunications deviccs
are confidential and exempt from s. 119.07 (1). The information may be released to
contractors only for the purposes set forth in the subsection.
Section 430.105, F.S. -- Personal identifying information in a record
held by the Department of Elderly Affairs that relates to an individual's health or
eligibility for or receipt of health.related, elder care, or long-term care services is
confidential and exempt from public disclosure requirements. Such information
may be disclosed to another governmental entity for the purpose of administering
312
GOVERNMENT-IN- THE-SVNSHINE- MANUAL
the department's programs for the elderly or if the affected individual or his or her
legal representative provides written consent.
Section 430.207, F.S. n Information about functionally impaired elderly
pcrsons receiving services under the Community Care for the Elderly Act which is
received by the Department of Elderly Affairs or its authorized employees, or by
persons who provide services to functionally impaired elderly persons as volunteers
or pursuant to contracts with the department is confidential and exempt from s.
119.07(1).
Section 430.504, F.S. n Information about clients of programs created
or funded under s. 430.501 or s. 430.503 (relating to Alzheimer's Disease) which is
received by the Department of Elderly Affairs or its authorized employees, or by
persons who provide services to clients of programs created or funded under these
scctions as volunteers or pursuant to contracts with the department is confidential
and exempt from s. 119.07(1).
Section 430.608, F.S. -- Identifying information about elderly persons
receiving services under ss. 430.601-430.606 which is collected and held by the
Department of Elderlv ,\ffairs or its employees, by volunteers, or by persons who
provide services to elderly persons under ss. 430.601-430.606 through contracts \v;th
the department, is confidential and exempt from disclosure.
Section 435.09, F.S. n No criminal or juvenile information obtained
under this section may be used for any other purpose than determining whether
persons meet the minimum standards for employment or for an owner or director
of a covered service provider. The criminal and juvenile records obtained by the
department or employer are exempt from s. 119.07(1).
Section 440.102(8), F.S. n Except as providcd in this subsection, all
information, interviews, reports, statcments, memoranda, and drug test results
received or produced as a result of a drug-testing program arc confidential and
exempt from disclosure, and may not be used or received in evidcnce, obtained in
discovery, or disclosed in any public or private proceedings except in accordance
vvith this section or in determining compensability under the workers' compensation
law.
Section 440.108 F.S. -- All investigatory records made or received pursuant to
s. 440.107, [relating to enforcement of employer compliance ,,;th workers'
compensation coverage requirements], and any records necessary to complete an
investigation held by the Department of Financial Services are confidential and
exempt until the investigation is completed or ceases to be "active" as defined in the
exemption. After the investigation is completed or ceases to be active, information
in the records remains confidential and exempt if it would jeopardize the integrity
of another active investigation; reveal a trade secret, business or pcrsonal financial
information or personal identifying information regarding the identity of a
confidential informant; defame or causc unwarranted damage to the good name
or reputation of an individual or jeopardize the safety of an individual, or reveal
investigative techniques or procedures.
313
GOVERNMENT-lN-THE-S UNSHINE -MANUAL
Section 440.125, ES. -- Medical records and reports of an injured
employee and any information identifying an injured employee in medical bills
provided to the Department of Financial Services pursuant to s. 440.13, are
confidcntial and exempt, except as otherwise provided by this section and Ch. 440.
Section 440.132, ES. -- Investigatory records of the Agency for Health
Care Administration madc or received pursuant to s. 440.134, and any examination
records necessary to complete an invesrigation are confidenual and exempt, until
the investigation is completed or ceases to be "active," as that term is defined in
the subsection, except that medical records which specifically identify patients must
remain confidential and exempt.
Section 440.25(3), ES. n Information from the files, reports, case
summaries, mediator's notes, or other communications or materials, oral or written,
relating to a mediation conference under the Workers' Compensation Law obtained
by any person performing mediation duties is privileged and confidential and may not
be disclosed \\~thout the written consent of all parties to the conference.
Section 440.3851, ES. -- Except as provided in the exemption, claims
files of the Florida Self-Insurers Guaranty i\ssociation, Incorporated, and medical
records that are part of a claims file and other information relating to the medical
condition or medical status of a claimant, are confidential and exempt. Portions of
meetings of the Association at which such confidential records are discussed are
exempt from open meetings requirements.
Section 440.39(7), ES. -- Documents and inspection results produced
pursuant to this subsection relating to investigation and prosecution of claims
against third-party rortfeasors, are confidential and exempt from s. 119.07(1).
Section 440.515, ES. ... The Department of Financial Services shall
maintain reports from self-insurers filed pursuant to former s. 440.51 (6) as
confidential and exempt from s. 119.07(1). The reports shall be released only as
authorized in this section.
Section 443.101 (ll)(c) , ES. -- Disclosure of drug tests and other
information pertaining to drug testing of indi,;duals who receive compensation
under this chapter (Uncmployment Compensation) shall be governed by s.
443.1715.
Section 443.171 (5), ES. -- Information revealing the employing unit's
or individual's identity obtained from the employing unit or from any individual
through the administration of Chapter 443 is, except to the extent necessary for
the proper presentation of a claim or upon wntten authorization of the claimant
who has a workers! compensation claim pending, confidential and exempt from s.
119.07(1).
Section 443.1715(1), ES. -- Except as provided in the subsection,
information revcaling an employing unit's or individual's identity obtained
from an employing unit or any individual under the administration of Ch. 443
(Unemployment Compensation), is confidential and exempt from s. 119.07(1)
314
GOVERNMENT-IN-THE -5 UNSHINE- MANUAL
and may be disclosed only as authorizcd in the subsection.
Section 443. 1715(3)(b), F.S. n Unless otherwise authorized by law,
information described in the subsection and receivcd bv an employer through
a drug-testing program, or obtained by a public employee under this chapter
(Unemployment Compensation) is confidential and excmpt until introduced into
the public record under a hearing conducted under s. 443.151(4).
Section 446.52, F.S. -- Information about displaced homemakers
receiving services under cited statutes which is received by the Department of
Education or its authorized employees, or by persons who provide sen;ces to
displaced homemakcrs as volunteers or pursuant to contracts with the department
is confidential and exempt from s. 119.07(1).
Section 447.045, F.S. n Neither the Department of Business and
Professional Regulation nor any investigator or employee of the department
shall divulge the informatIOn obtained pursuant to the processing of applicant
fingerprint cards and such information is confidential and exempt from s.
119.07(1).
Section 447.205(10), F.S. -- Dcliberations of the Public Employees
Relations Commission in any proceeding before it are exempt from s. 286.011 except
any hearing held or oral argument heard by the commission pursuant to Ch. 120 or
Ch. 447 shall be open to the public. All draft ordcrs developed in preparation for or
preliminary to the issuance of a final written order are confidential and exempt from
s. 119,(J7(1).
Section 447.307(2), F.S. -- The petitions and dated statements signed
by employees regarding whethcr employees desire to be represented in a proposed
bargaining unit are confidcntial and exempt from s. 119.07(1), except that an
employee, employer, or employee organization shall be given an opportunity to
verify and challenge signatures as provided in the subsection.
Section 447.605(1), F.S. -- All discussions betwecn the chief executive
officcr of a public employer, or his or her representative, and the legislative body
or the public employer relative to collective bargaining shall be closed and exempt
from s. 286.011.
Section 447.605(3), F.S. -- :\11 work products developed by the public
employer in preparation for and during collective bargaining negotiations shall be
confidential and exempt from s. 119.07(1).
Section 455.213(9), F.S. -- Disclosure of a license applicant's social security
number obtained by the Department of Business and Professional Regulation
pursuant to this section shall bc limited to the purpose of administration of the child
support enforcemcnt program and use by the department, and as othet\\;se provided
bylaw.
Section 455.217(5), F.S. n Meetings and records of meetings of any
member of the Department of Business and Professional Regulation or of any
315
GOVERNMENT-IN-THE -SUN SHIN E - MANUAL
board within the department held for the exclusive purpose of creating or reviewing
licensure examination questions or proposed examination questions are confidential
and exempt from ss. 119.07(1) and 286.011.
Section 455.2235(3), ES. -- Information relating to the mediation
of a case pursuant to this section shall be subject to the confidentiality
provisions of s. 455.225.
Section 455.225(2), ES. -- For cases dismissed prior to a finding
of probable cause, the rcport submitted by the Department of Business and
Professional Regulation regarding dismissal of a complaint which the department
has pre\;ously determined to be legally sufficient is confidential and exempt from s.
119.07(1).
Section 455.225(4), ES. -- All proceedings of a probable cause panel of
a board within the Department of Business and Professional Regulation are exempt
from s. 286.011 until 10 days after the panel finds probable cause or until the subject
of the invcstigation waives confidentiality.
Section 455.225(10), ES. -- The complaint and all information obtained
pursuant to an investigation by thc Department of Business and Professional
Regulation are confidential and exempt from s. 119.07(1), until 10 days after
probable cause has been found or until the regulated professional or subjecr of
the investigation waives confidentiality, whichever is first. However, this exemption
does not apply to actions against unlicensed persons pursuant to s. 455.228 or the
applicable practice act.
Section 455.229(1) and (2), ES. -- Information required by the
Department of Business and Professional Regulation of an applicant is open
to public inspection pursuant to s. 119.07, except financial information, medical
information, school transcripts, examination questions, answers, papers, grades
and grading keys, which are confidential and exempt from s. 119.07(1) and
shall not be discussed with or made accessible to anyone except as provided
in the subsection. Information supplied to the department which is exempt or
confidential remains exempt or confidential whiJt- in the custody of the department.
Examination questions and answers may be considered only in camera in any Ch.
120 administrative proceeding. Examination questions and answers provided at
the hearing are confidential and exempt from s. 119.07(1) unless invalidateu by the
admimstrative law judge.
Section 455.232(1), ES. -- No officer, employee or person under
contract with the Department of Business and Professional Regulation or any
board therein, or any subject of an investigation shall convcy knowledge or
information to any person not lawfully entitled to such information or knowledge
about any meeting or public record, which at the time such knowledge or
information is conveyed, is exempt from ss. 119.01, 119.07(1) or 286.011.
Section 455.32(15), ES. -- The exemptions set forth in cited provisions
of Ch. 455, relating to records of the Department of Business and Professional
Regulation, also apply to records held by the corporation \vith which the
316
GOVERNMENT - IN- THE-SUNSHlNE-MANUAL
department contracts pursuant to the Management Privatization Act.
Section 456.013(12), F.S. n Disclosure of a license applicant's social
security number which is obtained by the Department of Health pursuant to this
section is limited to child support enforcement purposes.
Section 456.014(1) and (2), ES. -- Information required by the
Department of Health of an applicant is open to public inspection pursuant to
s. 119.07, except financial information, medical information, school transcripts,
examination questions, answers, papers, grades and grading keys, which are
confidential and exempt from s. 119.07(1) and shall not be discussed with or made
accessible to anyone except as provided in the subsection. Examination questions
and answers may be considered only in camera in any Ch. 120 administrativc
proceeding. Examination questions and answers provided at the hearing arc
confidential and excmpt from s. 119.07(1) unless invalidated by the administrative
law judge.
Section 456.017(4), ES. n Meetings of any member of the Department
of Health or of any board within the department held for the exclusive purpose
of creating or reviewing licensure examination questions or proposed examination
questions arc exempt from open meetings requirements and any public records
such as tape recordings, minutes, or notes, generatcd during or as a result of such
meetings are confidential and exempt from disclosure.
Section 456.046, ES. -- ;\ patient name or other information that identifies
a patient which is in a record obtained by the Department of Health for the purpose
of compiling a practitioner profile pursuant to s. 456.041 is confidential and exempt
from disclosurc.
Section 456.051 (1), ES. n The report of a claim or action for damages for
personal injury which is required to be filed \vith the Department of Health under
cited statutes is public information except for the name of the claimant or injured
person, which remains confidential.
Section 456.057(7)(a), ES. n Except as otherwise provided in the
exemption, patient records generated by health care practitioners may not be
furnished to any person other than the patient, his or her legal representative or
other health care practitioners and providers involved in thc patient's care and
treatment.
Section 456.057(10), ES. -- All patient records obtained by the
Department of Health and any other documents maintained by the department
which identify the patient by name are confidential and exempt and shall be used
solely for the purposc of the department and the appropriate board in disciplinary
proceedings.
Section 456.073(2), ES. - For cases dismissed prior to a finding of
probable causc, the report submitted by the Department of Hcalth regarding
dismissal of a complaint which the department has previously determined to be
legally sufficient is confidential and exempt from s. 119.07(1).
317
GOVERNMENT-IN -THE -SUNSHINE- MAN UAL
Section 456.073(4), ES. -- All proceedings of a probable cause panel of
a board within the Departmcnt of Health arc exempt from s. 286.011 until 10 days
after the panel finds probable cause or until the subject of the investigation waiv~s
confidentiality.
Section 456.073(9)(c), ES. -- The identity of the expert whose report
supported the Department of Health's recommendation for closure of a complaint,
which teport is provided to the complainant in accordance with this paragraph, shall
remain confidential.
Section 456.073(10), ES. -- Except as prm;ded in this subsection,
a complaint and all information obtained pursuant to an investigation by the
Department of Health is confidential and cxempt from s. 119.07(1), until 10 days
after probable cause has been found or until the regulated professional or subject
of the investigation waives confidentiality, whichever is first.
Section 456.076(3)(e), ES. -- Except as otherwise provided in the
section, all information concerning a practitioner obtained from the consultant
by the probable cause panel or the Department of Health as part of an
approvcd treatment program for impaired practitioners shall remain confidential
and exempt from s. 119.07(1).
Section 456.076(5)(a), ES. -- Except as otherwise provided in the
section, all information obtained by the consultant and the Department of
Health from an approved treatment provider regarding a licensee's impairment
and participation in the treatment program is confidential and exempt from s.
119.07(1).
Section 456.078(4), ES. -- Information relating to the mediation of a
case pursuant to this section shall be subject to the confidentiality provisions of s.
456.073
Section 456.082, ES. n No officer, employee or person under contract
with the Department of l-lealth, or any subject of an investigation shall convey
knowledge or information to any person not lawfully entitled to such information
or knowledge about any meeting or public record, which at the time such
knowledge or information is conveyed, is exempt from ss. 119.01,119.07(1) or
286.011.
Section 458.3193, ES. -- All personal identifying information contained
in records provided by physicians licensed under chapter 458 or 459 in response to
physician workforce surveys required as a condition of license renewal and held by
the Department of Health is confidential and excmpt, except as otherwise prov;ded
in the subsection. NOTE: Also published as s. 459.0083
Section 458.331 (l)(s), ES. -- If the Department of Health files a petition
for enforcement against a physician pursuant to this paragraph, the licensee shall not
be namcd or identified by initials in any public court records or documents, and the
proceedings shall be closed to the public. See also ss. 457.109(1)(0) (acupuncturist);
459.015(1)(w) (osteopathic physician); 464.018(1)(j) (nurse); 466.028(1)(s) (dentist),
318
GOVERNMENT -IN- THE-SUNSH INE-MANUAL
and 486.125(1)(a)1., FS. (physical therapist).
Section 458.337(3), F.S. n Records of a medical organization or
hospital taking disciplinary action against a physician which have been furnished
to the Departmcnt of Health for the purpose of disciplinary proceedings shall be
confidential and exempt from s. 119.07(1).
Section 458.339(3), F.S. -- Medical reports pertaining to the mental
and physical condition of physicians which are maintained by the Department
of Health pursuant to this section shall rcmain confidential and exempt from s.
119.07(1) until probable cause is found and an administrative complaint is issued.
Section 458.341, F.S. n Patient medical records obtained during a
search of a physician's office by the Department of Health pursuant to this
section are confidential and exempt from s. 119.07(1).
Section 459.016(3), F.S. n Records of a medical organization taking
disciplinary action against an osteopathic physician which have been furnished to
the Department of Health for the purpose of disciplinary proceedings shall be
confidential and exempt from s. 119.07(1).
Section 459.017(3), F.S. -- Medical reports pcrtaining to the mental
and physical condition of osteopathic physicians which are maintained by the
Dcpartment of Health pursuant to this section shall rcmain confidential and exempt
from s. 119.07(1) until probable cause is found and an administrative complaint
issued.
Section 459.018, F.S. -- Patient medical records obtained during
a search of an osteopathic physician's office by the Departmcnt of Health
pursuant to this section are confidential and excmpt from s. 119.07(1).
Section 464.208, F.S. -- Criminal records or juvenile records relating
to vulnerable adults that are obtained by the Board of Nursing for purposes of
determining whether a person mects the requirements of Part II of Ch. 464,
relating to ccrtified nursing assistants are confidential and exempt from s. 119.07(1).
Section 465.017(2), F.S. -- Except as permitted in the enumerated
chapters, records maintained in a pharmacy relating to the filling of prescriptions
and the dispensing of medicinal drugs shall not bc furnished to persons other than
the patient or legal representative, or to the department or to the patient's spouse if
the patient is incapacitated and has provided written authorization. Rules adopted
by the Board of Pharmacy relative to disposal of records of prescription drugs
shall be consistent with the duty to prescrve the confidentiality of such records in
accordance with applicable state and federal law
Section 466.022(3), F.S. -- Peer review information regarding dentists
obtained by rhe Department of Health as background information shall remain
confidential and exempt from ss. 119.07(1) and 286.011 regardless of whether
probable cause is found.
319
GOVERNMENT - IN- THE-SUNSHINE- MANUAL
Section 466.0275(2), ES. -- Medical reports pertaining to the mental and
physical condition of dentists which are maintained by the Department of Health
pursuant to this scction shall remain confidcntial and exempt from s. 119.07(1) until
probable cause is found and an administrative complaint is issued.
Section 466.041(3), ES. -- Any report of hepatitis B carrier status filed
by a licensee or applicant in compliance \\;th the requirements established by the
Board of Dentistry shall be confidential and exempt from s. 119.07(1), except for
thc purpose of investigation or prosecution of an alleged violation of this chapter
by the Department of Health.
Section 471.038(7), ES.-- The exemptions set forth in ss. 455.217,
455.225, and 455.229, for records of the Department of Business and Professional
Regulation apply to records created or maintained by the Florida Engineers
Management Corporation, except as provided in the subsection.
Section 472.0131 (5), ES. -- Meetings and records of meetings of any
member of the Department of Agriculture and Consumer Services or of the Board
of Professional Surveyors and Mappers held for the exclusive purpose of creating
or reviewing licensure examination questions or proposed examination questions
are confidential and exempt; however, the exemption does not affect the right of a
person to review an examination as provided in subsection (3).
Section 472.0201(1) and (2), ES. -- All information required by the
Dcpartment of Agriculture and Consumer Services of any applicant shall be
a public record and open to public inspection except financial information, medical
information, school transcripts, cxamination questions, answers, papers, grades, and
grading keys, which are confidential and exempt and shall not be discussed with or
made accessible to anyone except as provided therein. Any information supplied to
the department by any other agency which is exempt from Ch. 11') or is confidential
shall remain exempt or confidential pursuant to applicable law while in the custody of
the department. Examinal10n questions and answers provided by the department to
an administrative law judge in an administrative hearing are confidential and exempt
unless invalidated by the administrative law judge.
Section 472.02011, ES. -- An officer, employee, or person under contract
with the Department of Agriculture and Consumer Services or the Board of
Professional Surveyors and Mappers, or any subject of an investigation may not
convey knowledge or information to any person who is not lawfully entitled to such
knowledge or information about any public meeting or public record, which at the
time such knowledge or information is conveyed is exempt from disclosure.
Section 472.033(2), (4), and (10), ES. -- For cases involving a complaint
to the Department of Agriculture and Consumer ServICes that are dismissed before
a finding of probable cause, the report of the department is confidential and exempt
from s. 119.07(1).1\11 proceedings of the probable cause panel are exempt from s.
286.011 unriJ 10 days after probable cause has been found to exist by the panel or
until the subject of the invesl1gation waives his or her privilege of confidentiality.
The complaint and all information obtained pursuant to the investigation by the
320
GOVERNMENT-IN -THE-SUN SHIN E- MANUAL
department arc confidential and exempt from s. 119.07(1) until ]() days after probable
cause has been found to exist by the probable cause
panel or by the department, or until the regulated professional or subject of the
investigation waives his or her privilege of confidentiality, whichever occurs first.
However, the exemption does not apply to actions against unlicensed persons
pursuant to s. 472.036.
Section 474.214(I)(h), ES. -- If thc Department of Business and
Professional Regulation files a petition for enforcement against a veterinarian
pursuant to this paragraph, the licensee shall not be named or identified by initials in
any other public court records and the enforcement proceedings shall be closed.
Section 474.2185, ES. -- Medical reports pertaining to the mental and
physical condition of veterinarians which arc maintained by the Department
of Business and Professional Regulation pursuant to this section shall remain
confidential and exempt from s. 119.07(1) until probable cause is found and an
administrative complaint is issued.
Section 481.205(3)(a), ES. n Complaints and any information obtained
pursuant to an investigation by the Board of Architecture and Interior Design are
confidential and exempt from disclosure as provided in s. 455.225(2) and (10), FS.
Section 487.031(5), ES. -. Information relative to formulas of products
acquired by the Departmcnt of Agriculture and Consumer Services pursuant to the
registration of pesticides is confidcntial and exempt from s. 119.07(1).
Section 487.041(6), ES. -- Confidential data received from the
Department of "-\gricultute and Consumer Services by governmental agencies
in providing review and comment to the department regarding pesticide
registration shall be confidential and exempt from s. 119.07(1).
Section 487.0615(2)(c), ES. ..- Confidential data received by the Pesticide
Review Council from the U.S. Environmental Protection Agency or the pesticide
registrant shall be confidential and exempt from s. 119.07(1).
Section 493.6121 (5), ES. n Criminal justice information submitted to the
Department of Agriculture and Consumer Services pursuant to the department's
prescribed duties relating to licensure of private investigative, private security, and
repossession services, is confidential and exempt from s. 119.07(1).
Section 493.6121(8), ES. - ;\n investigation conducted by the
Department of ;\griculture and Consumer Services pursuant to this chapter
relating to private investigative, private security, and repossession services, is
exempt from s. 119.07(1) until a probable cause determination has been made, the
case is closed prior to a determination of probable cause, or the subject of the
investigation waives confidentiality.
Section 493.6122, ES. -- The residence telephone number and residence
address of certain licensees maintained by the Department of Agriculture and
Consumer Services is confidential and exempt from s. 119.07 (1), except that this
321
GOVERNMENT -IN- THE-SUNSHlNE- MANUAL
information may be provided to law enforcement agencies. When the residencc
telephone number or address is or appears to be the business telephone number or
address, this information is public rccord.
Section 494.00125, ES. -- Except as provided in thc exemption,
information relating to an investigation by the Office of Financial Regulation
pursuant to the Mortgage Brokerage and Mortgage Lending Act, including any
consumer complaint received by the office or the Department of Financial Services,
is confidential and exempt from s. 119.07(1) until the investigation is completed or
ceases to be "active" as defined in the subsection, unless disclosure would result in
certain enumerated consequences. If the investigation could endanger the safety of
employees or their families, specified information about such pcrsonnel and their
families is confidential and exempt from s. 119.07(1).
Section 494.0021, ES.-- 1\11 audited statements submitted pursuant to
this act (relating to mortgage brokerage and lending) are confidential and exempt
from s. 119.07(1), except that employees of the Office of Financial Regulation
shall have access to such information in the administrarion and enforcement of
the act and prosecution of violations.
Section 497.172, ES. -- Portions of meetings of the Board of Funeral,
Cemetery, and Consumer Services at which licensure examination questions or
answers are discussed, as well as meetings of the probable cause panel of the board,
are exempt from open meetings requirements. Records of exempt meetings of
the probable cause panel are exempt from disclosure requirements until 10 days
after a determination regarding probable cause is made. Except as providcd in the
exemption, financial examination and inspection records are confidential and exempt
until the examination or inspection is completed or ceases to be active. Information
relating to an investigation of a violation is confidential and exempt until the
investigation is completed or ceases to be active or until 10 days after a determination
regarding probable cause is made. Trade secrets are confidential and exempt.
Section 499.051(7), ES. n The complaint and all information obtained
pursuant to an investigation by the Department of Health under the Florida Drug
and Cosmetic Act are confidcntial and exempt from disclosure until the investigation
and enforcement action are completed except for trade secret information as defined
in s. 812.081(1)(c) which shall remain confidential and exempt from disclosure.
Section 500.148(3), ES. -- Information deemed confidential under cited
federal enactments and which is provided to the Department of Agriculture and
Consumer Services during a joint food safety or food illness investigation, as a
requirement for conducting a federal-state contract or partnership activity, Dr for
regulatory review, is confidential and exempt and may not be disclosed except as
provided in the exemption.
Section 501.2065, ES. -- Criminal or civil intelligence, investigative
information, or any othcr information held by any state or federal agency that is
obtained by the Department of Legal Affairs in the course of an investigation under
Part II of Ch. 501 and that is confidential or exempt from s. 119.07(1) retains its
status as confidential or exempt from s. 119.07(1).
322
GOVERNMENT-lN- THE-SUN SHINE- MANUAL
Section 502.222, F.S. -- Information in the records of the
Department of ;\griculture and Consumer Services which would reveal a
trade secret of a dairy industry business is confidential and exempt from s.
119.07(1).
Section 517.12(14), F.S. n Currency transaction reports filed with the
Office of Financial Regulation by dealers, investmcnt advisers, and branch offices
pursuant to this subsection are confidential and excmpt from s. 119.07(1) exccpt as
provided in the subsection.
Section 517.2015 (securities) and s. 520.9965 (retail installment sales),
F.S. nExcept as provided in the exemption, information relating to an investigation
by the Office of Financial Regulation pursuant to the Florida Securities and Investor
Protection Act, or pursuant to the retail installment sales laws, including a consumer
complaint, is confidential and exempt from s. 119.07(1) until the investigation is
completed or ceases to be "active" as defined in the subsection, unless disclosure
would result in any of the enumerated consequences. If the investigation could
endanger the safety of employees or their families, specified information about such
personnel and their families is confidential and exempt.
Section 526.311 (2), F.S. n Any records, documents, or other business
material, regardless of form or characteristics, obtained by the Department of
Agriculture and Consumer Services in an investigation of an alleged violation of the
Motor Fuel Marketing Practices ,\ct are confidential and exempt from disclosure,
while the investigation is pending. At the conclusion of the investigation, any matter
determined by the dcpartment or by a state or federal judicial or administrative body
to be a tradc secret or proprietary confidential business information held by the
department pursuant to such investigation shall be confidential and exempt from
disclosure.
Section 527.0201(8), F.S. -- Liquefied petroleum gas competency
examinations of the Department of ,\griculture and Consumer Scrvices are
confidential and exempt.
Section 527.062(1), F.S. n Information compiled by the Department
of Agriculture and Consumer Services pursuant to an investigation of an accident
involving liquefied pctroleum gas or equipment is confidential and exempt from s.
119.07(1) until thc investigation is completed or ceases to be "active" as defined in
the subsection.
Section 539.003, F.S. n Exccpt as provided in the subsection, records
relating to pawnbroker transactions delivered to appropriate law enforcement
officials are confidential and excmpt.
Section 542.28(9), F.S. -- Notwithstanding s. 119.07(1), it is the duty of
the Attorney Ceneral or a state attorney to maintain the secrccy of all evidence,
testimony, documents, work product, or other results of an investigative demand
relevant to an antitrust investigation; howcver, rhe Attorney Ceneral or state
attorney may disclose such investigative evidence to the agencies enumerated in the
section.
323
GOVERNMENT-IN - THE-SUNSHINE- MANUAL
Section 548.021 (2), ES. -- Disclosure of a license applicant's social
security number which is obtained by the State Athletic Commission pursuant to the
statute is limited to child support enforcement purposes.
Section 550.0251(9), ES. -- All information obtained by the Division of
Pari-mutuel Wagering of the Department of Business and Professional Regulation
pursuant to an investigation for an alleged violation of the chapter or rules of the
division is exempt from disclosure until an administrative complaint is issued or the
investigation is closed or ceases to be active, as defined therein. The division may,
howevcr, provide information to any law enforcement agcncy or othcr regulatory
agency. With the exception of active criminal intelligence or criminal invcstigative
information and any other information that, if disclosed, would Jeopardize thc
safety of an individual, all other information, records and transcriptions becomc
public when the investigation is closed or ceases to be active.
Section 550.2415(I)(a), ES. n Test results and the identities of racing
animals being tested and of their trainers and owners are confidential and exempt for
10 days after testing of all samples collected on a particular day has been completed
and any positive test results derived from such samples have been reported to the
director of the Division of Pari-mutuel Wagering or administrative action has been
commenced.
Section 556.113, ES. -- Proprietary confidential business information
held by Sunshine State One..Call of Florida, Inc., for the purpose of dcscribing the
extcnt and root cause of damage to an underground facihty or using the member
ticket managemcnt software system is exempt.
Section 560.129, ES. n Except as otherwise provided in the exemption,
information concerning an investigation or examination by the Office of Financial
Regulation pursuant to the Money Transmitter's Code, including any consumer
complaint received by the office or thc Department of Financial Services, is
confidential and exempt from disclosure until the investigation or examination
ceases to be "active" as that term is defined in the exemption. Confidentiality is
also provided for other records such as trade sccrets and personal financial records.
Other records may also remain confidcntial if disclosure would result in any of
the conscquences listed in the exemption. Quartcrly reports submitted by a money
transmittcr are confidential.
Section 560.4041, ES. n Information that identifies a drawer or deferred
presentment provider contained in the database authorized under s. 560.404, is
confidential and exempt from public disclosure requirements and may not be
released except as provided in the subsection.
Section 561.19(2)(b), ES. -- Any portion of the drawing results of a
particular county to detcrmine which applicants arc to be considered for beverage
licenses which reveals the rank order of persons not receiving notice of selection
is confidential and exempt from s. 119.07(1), until such time as all of the licenses
from that county's drawing have been issued.
Section 569.215(1), ES. -- Proprietary confidential business information
324
GOVERNMENT-IN - THE-SUNSHIN E- MANUAL
received by specified state officials or outside counsel representing the state for the
purpose of ncgotiation or verification of annual tobacco settlement payments is
confidential and exempt from public disclosure requirements.
Section 570.48(3), F.S. n Records of the Division of Fruit and Vegetables
of the Department of Agriculture and Consumer Services are public rccords;
cxcept that trade secrets as defined in s. 812.081 are confidential and cxempt from
s. 119'()7(1). The subsection shall not be construed to limit certain enumcrated
disclosures.
Section 570.544(7), F.S. -- Records of the Division of Consumer Sen;ccs
of the Department of Agriculture and Consumer Serviccs are public records;
however, customer lists, customer names, and trade secrets are confidential and
exempt from s. 119.07(1). Disclosure necessary to enforcement procedures is not
violative of this prohibition.
Section 570.903(6), F.S. -- Thc identity of a donor or prospective donor
to a direct-support organization established to assist programs of the Department
of Agriculture and Consumer Services who desires to remain anonymous and all
information identifying such donor or prospective donor is confidential and exempt
from disclosure.
Section 570.953, F.S. n The identity of a donor to the Florida Agriculture
Center and Horse Park Authority, if requested by the donor in writing, is confidential
and exempt from disclosure.
Section 573.123(2), F.S. ~- Information that, if disclosed, would reveal
a trade secret, as defined in s. 812.081, of any person subject to a marketing order
issued by the Department of Agriculture and Consumer Services is confidential
and exempt from s. 119.07(1) and shall not be disclosed cxcept as provided in the
subsection. A person who receives such confidential information shall maintain its
confidentiality.
Section 581.199, F.S. -- It is unlawful for any authorized representative
who in an official capacity obtains under the provisions of this chapter (relating to
plant industry) any information entitled to protection as a trade secret, as defined
in s. 812.081, to reveal that information to any unauthorized person.
Section 601.10(8), F.S. n Information which consists of a trade secret
as defined in s. 812.081 (1)(c) which is received by the Department of Citrus
from citrus growers and industry-related pcrsons pursuant to this subsection is
confidential and exempt from s. 119.07(1) and shall not be disclosed.
Section 601. 15(7)(d), F.S. -- Commercial information which constitutes
a trade secret as defined in s. 812.081 and which is required by the Department of
Citrus from participants in noncommodity advertising and promotional programs in
order to determine eligibility for and performance in such programs, is confidential
and exempt from s. 119.07(1).
Section 601.152(8)(c), F.S. -- Information relating to marketing orders
325
GOVERNMENT -IN- THE -SUNSHlNE- MANUAL
which is furnished to the Department of Citrus pursuant to this section and which,
if disclosed, would reveal a trade secret, as defined in s. 812.081, of any person
subject to a marketing order is confidential and exempt from s. 119.07(1).
Section 601.76, ES. -- Citrus fruit coloring product formula information
filed with the Department of .\griculture and Consumer Sen'ices under this section
is a trade secret as defined in s. 812.081, is confidential and exempt from s. 119.07(1),
and shall be divulged only as provided in the section.
Section 607.0505(6), ES. -- Information provided to, and records and
transcripts obtained by, the Department of Legal Affairs pursuant to this section
relating to corporations or alien business organizations are confidential and
exempt from s. 119.07(1) while the investigation is active. The department shall
not disclose confidential information, records, or transcripts except as authorized
by the Attorney Ceneral in the circumstances listed in the subsection. Similar
confidentiality provisions exist relating to information received by the department
regarding nonprofit corporations (s. 617.0503[(,1).
Section 624.23, ES.-- Personal financial and health information as
defined therein held by the Department of Financial Services or the Office of
Insurance Regulation relating to a consumer's complaint or inquiry regarding a
matter or activity regulated under the Florida Insurance Code or s. 440.191 is
confidential and exempt.
Section 624.231, ES. -- If the Department of l'inancial Serviccs or the
Office of Insurance Regulation determines that any portion of a record requested
by a person is exempt pursuant to Ch. 119, the insurance code, or Ch. 641, the
department or office shall disclose to the person in writing that the requested record
",-ill be provided in a redacted format and that there will be additional fees charged
for staff time associated with researching and redacting the exempt portion of the
record. Before the department or office provides the record, the person must affirm
his or her request to receive the record.
Section 624.310(3)(f), ES. -- ;\n emergency order entered by the Office
of lnsurancc Regulation or the Department of Financial Services against a licensee or
affiliated party under this subsection is confidential and exempt from s. 119.07(1) until
made permanent, unless the department or office finds that the confidentiality will result
in substantial risk of financial loss to the public. Emergency cease and desist orders that
arc not made permanent are available for public inspection 1 year from the date the
emergency order expires; however, portions of such order shall remain confidential if
disclosure would result in any of the consequences listed in the paragraph.
Section 624,311(2), ES. -- Records of insurance claim negotiations of any
state agency or political subdivision are confidential and exempt from s. 119'()7(1)
until termination of all litigation and settlement of all claims arising out of the same
incident.
Section 624.319(3), ES. -- Examination reports of insurers prepared
by the Office of Insurance Regulation or the Department of Financial Services or
its examiner pursuant to this section are confidential and exempt from s. 119.07(1)
326
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
until filed. Investigation reports are confidential and exempt from s. 119.07(1) until
the investigation is completed or ceases to be "active," as that term is defined in
the paragraph. After an investigation is completed or ceases to be active, portions
of such records shall rcmain confidential and exempt if disclosure would result
in any of the consequences listed in the paragraph. Work papers held by the
Department of Financial Services or the Office of Insurance Regulation are
confidential and exempt from disclosure un111 thc examination report is filed or
until the investigation is complete or no longer active; however, portions of work
papers may remain confidential under the conditions specified therein. Information
received from another governmental entity or the National Association of Insurance
Commissioncrs, which is confidential or exempt when held by that entity, for the
department's or office's use in thc performance of its examination or investigation
duties are confidential and exempt from disclosure requirements. Lists of insurers or
rcgulated companies arc confidential and cxempt from s. 119.07(1), if the conditions
set forth in the paragraph apply.
Section 624.40851(1) and (2), ES. -- Risk-based capital plans and
reports as described in the exemption that are held by the Office of Insurance
Regulation, as well as specified additional related materials, are confidential and
exempt from disclosure. Hearings relating to the office's actions regarding such
risk-based capital rccords, are exempt from open meetings requirements, subject to
specificd conditions.
Section 624.82(1), ES. n Orders, records, and other information in the
possession of the Office of Insurance Regulation relating to the supervision of any
insurer are confidential and exempt from s. 119.07(1), except as otherwise provided
in this section. Proceedings and hearings relating to the office's supervision of any
insurer are exempt from s. 286.011, except as otherwise provided in this section.
Section 624.86, ES. -- During the period of administrative supetvision, the
Office of Insurance Regulation may meet with a supervisor appointed under this part
or representatives of the supervisor, and such meetings are exempt from s. 286.011.
Section 625.121 (3)(a) 10., ES. n Except as othetwise provided in
this paragraph, a memorandum or other material in support of the actuarial
opinion required to be furnished to the Office of Insurance Regulation under this
subsection, is confidential and exempt from s. 119.07(1).
Section 626.171(6), ES. -.. Disclosure of a license applicant's social security
number which is obtained by the Department of Financial Services pursuant to this
section is Iimitcd to child support enforcement purposes.
Section 626.511(3), ES..... Any information or record regarding the
termination of an appointment which is furnished to the Office of Insurance
Regulation or the Department of Financial Services under this section is confidential
and exempt from s. 119.07(1).
Section 626.521 (5), ES. -. Information contained in credit or character
reports obtained by the Department of financial Services under this section
(licensure applications) is confidential and exempt from s. 119.07(1).
327
GOVERNMENT-lN- THE-SUNSHlNE- MANUAL
Section 626.601(6), ES. -- The complaint and any information obtained
pursuant to the investigation of a licensee by the Office of Insurance Regulation
or the Department of Financial Services are confidential and exempt from s.
119.07 (1), unless the department takes specified action against the licensee.
Section 626.631(2), ES. -- Except as provided in the subsection, the
records or evidence of the Department of Financial Services relative to a hearing on
the suspension or revocation of a license or appointment are confidential and excmpt
from s. 119.07(1) until after the material has becn published at the hearing.
Section 626.842(3), ES. n Information contained in credit or character
reports furnished to the Department of Financial Services undcr this section (relating
to applications of title insurance agcnts) is confidential and exempt from s. 119.07(1).
Section 626.8433(3), ES. -- i\ny information or record furnished to
the Department of Financial Services under this section regarding the reasons for
termination of the appointment of a title insurance agent is confidential and exempt
from s. 119.07(1).
Section 626.884(2), ES. -- Except as provided in the subsection,
information contained in the books and records of an insurance administrator is
confidential and exempt from s. 119.07 (1) if thc disclosure would reveal a trade
secret as defined in s. 688.002.
Section 626.921(8), ES. -- Information furnished to the Department of
Financial Services pursuant to pertinent statutes relating to policics and examinations
of surplus lines agents is confidential and exempt if disclosure would reveal
information specific to a particular policy or policy holder. Information furnished to
the Florida Surplus Lines Service Office under thc Surplus Lines Law is confidential
and exempt if disclosure would reveal information specific to a particular policy or
policy holder.
Section 626.9651, ES. -- The Department of Financial Serviccs and the
Financial Services Commission shall adopt rules consistent with other provisions of
the Florida Insurance Code to govern the usc of a consumer's nonpublic personal
financial and health information.
Section 626.989(5), ES. n Records of the Department of Financial
Services and the Office of Insurance Regulation relating to an investigation of
insurance fraud under this section are confidential and exempt from s. 119.07(1) until
the investigation is completed or ceases to be "active," as that term is defined in the
subsection, unless disclosure would result in certain enumerated consequences.
Section 627.0628(3)(f), ES. -- A trade secret that is used in designing
and constructing a hurricane loss model and that is provided pursuant to this
section bv a private company to the Florida Commission on Hurricane Loss
l'rojectio~ Methodology, Office of Insurance Regulation, or the appointed
consumer advocate, is confidential and exempt from disclosure requirements. That
portion of a meeting of the commission or of a rate proceeding on an insurer's
rate filing at which a trade secret made confidential by this exemption is discussed is
328
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
exempt from open mectings requirements.
Section 627.06292, ES. u Reports of hurricane loss data and associated
exposure data that arc specific to a particular insurance company, as reported by an
insurer or a licensed rating organization to the Office of Insurance Regulation or to
a state university center are exempt from disclosure requirements.
Section 627.311 (4)(a) , ES. u Certain records of the Florida
Automobile Joint Underwriting Association, as described in the exemption, arc
confidential and exempt from disclosure as set forth in the subsection.
Section 627.311 (4)(b) , ES. u The Florida Automobile Joint
Underwriting Association must keep portions of meetings during which
confidential and exempt underwriting files or confidential and exempt claims files
are discussed exempt from opcn meetings requirements, subject to the conditions
set forth in the exemption. A copy of the transcript, less any confidential and
cxcmpt information, of any closed meeting dLlring which confidential and exempt
claims files arc discussed shall become public as to individual claims files after
settlement of that claim.
Section 627.3121, ES. -- Certain records held by the Florida Workers'
Compensation Joint Underwriting Association, Inc., as described in the exemption,
are confidential and exempt and may only be released as prescribed therein. That
portion of a meeting of the association's board of governors, or any subcommittee
of the association's board, at which records made confidential and exempt by the
section are discussed is exempt from open meeting requirements; the transcript
and minutes of exempt portions of meetings are confidential and exempt from
disclosure. Those portions of the transcript or the minutes pertaining to a
confidential and exempt claims file are no longer confidential and exempt upon
termination of all litigation with regard to that claim.
Section 627.351(4)(g), ES. -- All records, relating to the Medical
Malpractice Joint Underwriting Association or its operation arc open for
public inspection, except that a claim file in the possession of the Association
is confidential and exempt from s. 119.07(1) during processing of that claim.
Information in these filcs that identifies an injured person is confidential and
exempt from s. 119.07(1).
Section 627.351 (6)(x) 1., ES. uCertain records of the Citizens Property
Insurance Corporation, as described in the exemption, are confidential and exempt
from disclosure.
Section 627.351 (6)(x)4., ES. -- Portions of meetings of thc Citizens
Property Insurance Corporation are exempt from open meetings requirements
where confidential underwriting files or confidential open claims files are discussed,
subject to the conditions set forth in the exemption. ;\ copy of the transcript, less
an)' exempt matters, of any closed meeting where claims are discussed shall become
public as to individual claims after settlement of the claim.
Section 627.6699(8)(c), ES. -- Information relating to rating and renewal
329
GOVERNMENT - IN-THE-SUNSHINE-MANUAL
practices of small employer health insurance carriers which is submitted by the
carriers to the Office of Insurance Regulation pursuant to this subsection constitutes
proprietary and trade secret information and may not be disclosed except as agreed
to by the carrier or pursuan t to court order.
Section 627.912(2)(e), F.S. -- The name and address of the injured person
that is contained in reports to the Office of Insurance Regulation regarding professional
liability claims is confidential and exempt from s. 119.07(1), and must not be disclosed
without the person's consent, except for disclosure to the Department of Health.
Section 627.9122(2)(e), F.S. -- The name of the injuted person contained
in a claim report filed by an insurer providing liability coverage for officers and
directors is confidential and exempt from s. 11 '),07(1), and must not be disclosed by
the Office of Insurance Regulation without the consent of the injured person.
Section 627.9126(3)(a)6., F.S. -- The names of claimants identified
in reports filed by liability insurers with the Office of Insurance Regulation are
confidential and exempt from s. 119.07(1).
Section 631.398(1), F.S. -- Reports and recommendations made by
specified persons to the Office of Insurancc Regulation or to the Department of
Financial Services relative to the solvency, liquidation, rehabilitation, or conservation
of a member insurer or germane to the solvency of a company seeking to do
insurance business in this state, are confidential and exempt from s. 119.07(1) until
the tcrmination of a delinquency proceeding.
Section 631.582, F.S. -- Certain records of the Florida Insurance Guaranty
Association such as specified claims, medical records that are part of a claims filc,
information relating to the medical condition or medical status of a claimant, and
records pertaining to matters reasonably encompassed in privileged attorney-client
communications of the association, are confidential and exempt.
Section 631.62(2), F.S. -- A request from the board of directors of the
Plorida Insurance Guaranty Association that the Office of Insurance Regulation
order an examination of any member insurer is confidential and exempt from s.
119.07(1) until the examination report is released to the public.
Section 631.62(3), F.S. n The reports and recommendations by the board
of directors of the Florida Insurance Guaranty Association on any matter germane
to the solvency, liquidation, rehabilitation, or conservation of any member insurer
are confidential and exempt from s. 119.07(1) until the termination of a delinquency
proceeding.
Section 631.723(1), F.S. -- The reports and recommendations by the
board of directors of the Florida Life and Health Insurance Guaranty Association
to the Department of Financial Services or to the Office of Insurance Regulation
on any matter germane to the solvency, liquidation, rehabilitation, or conservation
of any member insurer or a company seeking to do insurance business in Florida
are confidential and exempt from s. 119.07(1) until the termination of a delinquency
proceeding.
330
GOVERNMENT -IN- THE-SUNSHlNE- MANUAL
Section 631.723(3), ES. -- A request by the board of directors of
the Florida Life and Health Insurance Guaranty Association that the Office of
Insurance Rcgulation order the examination of any member insurer is confidential
and exempt from s. 119.07(1) until the examination report is released to the public.
Section 631.724, ES. -- Negotiations or meetings of the Florida Life and
Health Insurance Guaranty Association involving discussions of the association's
powers and dutics under 631.717 are exempt from s. 286.011. Rccords of such
negotiations or mectings are confidential and excmpt from s. 119.07(1) until the
termination of a dclinquency procecding.
Section 631.931, ES. -- The reports and recommendations by the board
of directors of the Florida Workers' Compcnsation Insurance Guaranty Association
undcr s. 631.917 on any matter gcrmane to the solvency, liquidation, rehabilitation,
or conservation of any member insurer are confidential and excmpt until the
termination of a delinquency procecding.
Section 631.932, ES. -- Negotiations between a self-insurance fund and
the Florida Workers' Compensation Insurance Guaranty Association are cxcmpt
from s. 286.011. Documents related to such negotiations that reveal identifiablc
payroll and loss and individual claim information are confidential and exempt.
Section 633.111, ES. -- Records obtained or prepared by the State Fire
Marshal pursuant to his or her investigation of fires arc confidential and exempt from
s. 119.07(1) until the investigation is completed or ceases to bc "active" as that term is
defined in the section.
Section 633.175(5), ES. n Discussions involving officials of the
Department of Financial Serv;ces and an insurance company in accordance with
this section (relating to investigation of fraudulent insurance claims and crimes)
are confidcntial and exempt from s. 286.011.
Section 633.527(1), ES. -- Test material relating to applicants for licensure,
certification, or permitting by the State Fire Marshal is made confidential by s.
119.071 (1)(a). An applicant may waive confidentiality in writing for purposes of
discussion with the State Fire Marshal or his or her staff.
Section 634.045(5), ES. -- The filings made by a guarantee organization
pursuant to this section relating to guarantee agreements provided by motor vehicle
service agrecment companies are confidential and exempt from s. 119.07(1).
Section 634.201(3), ES. -. The Department of Financial Service's records
or evidencc relative to a hearing for the suspension or revocation of the license or
appointmcnt of a salesman of automobile warranties are confidential and exempt
from s. 119.07(1) until such investigation is completed or ceases to be "active," as
that term is defined in the subsection.
Section 634.348, ES. -- Active examination or investigatory records of the
Department of Financial Services or the Office of Insurance Regulation made or
received pursuant to Part II, Ch. 634 (Home Warranty Associations) are confidential
331
GOVERNMENT- IN-THE -SUNSHINE-MANUAL
and excmpt from s. 119JJ7 (1) until such investigation is completed or ceases to be
"active," as that term is defined in the section.
Section 634.4065(5), ES. -- The filings made by a guarantee organization
pursuant to this section relating to guarantee agreements provided by service
warranty associations are confidential and exempt from s. 119.07(1).
Section 634.444, ES. n Active examination or investigatory records
of the Department of Financial Services or the Office of Insurance Regulation
made or received pursuant to Part III, Ch. 634 (Servicc Warranty Associations) are
confidential and exempt from s. 119.07(1) until such investigation is completed or
ceases to be "active," as that term is defined in the section.
Section 636.064(1) and (2), ES. -- Information pertaining to the dIagnosis,
treatment, or health of an enrollee of a prepaid limited health servicc organization
is confidential and exempt from disclosure, and shall only be available pursuant
to specific written conscnt of the enrollee or as otherwisc provided by law. Any
proprietary financial information contained in contracts cntered into with providers
by prepaid limited health service organizations is confidential and exempt from
disclosure.
Section 636.064(3), ES. -- Information obtained or produced by the
Department of Financial Services or the Office of Insurance Regulation pursuant
to an investigation or examination of a prepaid limited health servicc organization
is confidential and exempt from disclosure until the examination report has been
filed pursuant to s. 624.319 or until the investigation is completed or ceases to be
"active," as that tcrm is defined in the subscction. Except for information specified
in the subsection, all information obtained by the office pursuant to an examination
or investigation shall be available after the examination report has been filed or the
investigation is completed or ceases to be active.
Section 641.515(2), ES. n Patient-identifying information contained
in reports and records prepared or obtained under cited statutes (relating to
investigation of health maintenance organizations) by the j\gency for Health
Care Administration or by an outside source, is confidential and exempt from s.
119.07(1).
Section 641.55(5)(c), ES. n Except as otherwise provided in this
subsection, any identifying information contained in the reports of a health
maintcnance organization filed with thc Agency for Health Care Administration
under this subsection is confidential and exempt from s. 119.07(1).
Section 641.55(6), ES. n Incident reports filed with the Agency for
Health Care Administration by a health maintenance organization pursuant to
this subsection arc confidential and excmpt from s. 119.()7(1).
Section 641.55(8), ES. n Identifying information in records of a health
maintenance organization which arc obtained by the ,\gency for Health Care
Administration pursuant to this section (internal risk management program) is
confidential and exempt from s. 119.07(1). Identifying information contained in
332
GOVERNMENT-IN-THE-S UNSHINE-MANUAL
records obtained under s. 456.071 is exempt to the extent that it is part of the record
of disciplinary proceedings made available to the public by the agency or appropriate
board.
Section 641.67, ES. -- The following information is confidential and
exempt and may not be released except as pr",;ded in the exemption: patient
records held by a district managed care ombudsman committee; the name or
identity of a complainant who files a complaint with a committee; and any
problem identified by a committee as a result of an invcstigation.
Section 641.68, ES. .- That portion of an ombudsman committee
meeting where patient records and information identifying a complainant are
discussed is exempt from open meetings requirements.
Section 648.26(3), ES. -- The Department of Financial Services'
investigatory records pertaining to bail bond agents and runners are confidential and
exempt from s. 119.07(1) until the investigation is completed or ceases to be "active,"
as that term is defined in the subsection.
Section 648.34(3), ES. -- Information in a character and credit report
furnished to the Department of Financial Services as part of an application for
licensure as a bail bond agent is confidential and exempt from s. 1 I 9,f)7 (I).
Section 648.39(1), ES. -- Information furnished to the Department
of Financial Services pursuant to this subsection regarding the termination of
appointment of mr a managing general agent, bail bond agent, or temporary bail
bond agent is confidential and exempt from s. 119.07(1).
Section 648.41, ES. n Information furnished to the Department
of Financial Services pursuant to this subsection regarding the termination of
appointment of temporary bail bond agents is confidential and exempt from s.
119.07(1).
Section 648.46(3), ES. -- The complaint and all information obtained
pursuant to the investigation of a bail bond agent or runner licensee by the
Department of Financial Sen;ces are confidential and exempt from s. 119.07(1)
until the investigation is completed or ceases to be "active," as defined in rhe
subsection.
Section 651.105(3), ES. -- Reports of the results of such financial
examinations or providers engaged in the execution of care contracts must be kept
on file by the Office of Insurance Regulation. Any investigatory records, reports or
documents hcld by the office are confidential and exempt from s. 119.07(1) until
the investigation is completed or ceases to be "active," as that term is defined in the
subsection.
Section 651.111(2), ES. n Unless the complainant who has filed a
complaint against a continuing care provider specifically requests otherwise, neither
the substance of the complainr which is provided to the provider nor any copy of the
complaint or any record which is published, releascd, or otherwise made available to
333
GOVERNMENT -IN- THE-S UNSHlNE-MANUAL
the provider shall disclose the name of any person mentioned in the complaint except
the names of Office of Insurance Regulation personnel conducting the investigation
or inspection pursuant to this chapter.
Section 651.121 (5)(c) , ES. u Except for proceedings conducted undcr
s. 651.018 (authorizing the Office of Insurance Regulation to place a facility in
administrative supervision), the books and records of the Continuing Care Advisory
Council to the Office of Insurance Regulation of the Jiinancial Services Commission
shall be open to inspection at all times.
Section 651.134, ES. -- ;\ny active investigatory record of the Office of
Insurance Regulation made or received under Ch. 651 (Continuing Care Contracts)
and any active examination record necessary to complete an active investigation is
confidential and exempt from s. 119.07(1) until the investigation is completed or
ceases to be "active," as that term is defined in the section.
Section 655.0321, ES. n The Office of FinanCial Regulation shall consider
the public purposes specificd in s. 119.14(4)(b) in determining whether the hearings
and proceedings conducted pursuant to s. 655.033 (cease and desist orders) and s.
655.037 (suspension or removal orders) shall be closed and exempt from s. 286.011,
and whether related documents shall be confidential and exempt from s. 119.07(1).
Section 655.033(6), ES. -- An emergency order entered by the Office of
Financial Regulation pursuant to this subsection (relating to the issuance of cease
and desist orders to financial institutions in certain circumstances) is confidential and
exempt from s. 119.07(1) until the order is made permanent, unless the office finds
that such confidentiality will tesult in substanual risk of financial loss to the public.
Section 655.057(1), ES. -- Except as othet\\~se provided in this seCl10n
and except for such pOrt1ons thereof which are otherwise public record, all records
and information relating to an investigation by the Office of Financial Regulation
are confidential and exempt from s. 119.07(1) until the investigation is completed or
ceases to be "active" as that term is defined in the section. ;\ fter the investigation
is completed or ceases to be active, portions of the rccords shall be confidential
and exempt from s. 119.07(1) to the extent that disclosure would cause any of the
consequences listed in the subsection.
Section 655.057(2), ES. n Except as otherwise provided in this
section and except for such portions thereof which are public record, reports of
examinations, operations, or condition, prepared by, or for the use of, the Office
of Financial Regulation or other agency responsible for regulation of banking
institutions in this state are confidential and excmpt from s. 119.07(1). Examination,
operation, or condition reports of a financial institution shall be released within 1
year after the appointment of a liquidator, receIVer, or conservator to such financial
institution. However, any portion of such reports which discloses the identities of
depositors, bondholders, members, borrowers, or stockholders, other than directors,
officers, or controlling stockholders of the institution, shall remain confidential and
exempt from s. 119.07(1).
Section 655.057(3), ES. -- i\ny confidential information or records
334
GOVERNMENT- IN- THE-SUNSHIN E- MANUAL
obtained from the Office of I'inancial Regulation pursuant to this subsection
(authorizing specified disclosures of records or information) shall be maintained as
confidential and exempt from s. 119.07(1).
Section 655.057(4)(b), ES. -- Confidential records and information
furnished pursuant to a legislative subpoena shall be kepr confidential by the
legislative body which received the records or information except in a case involving
an investigation of charges against a public official subject to impeachment in which
case the legislative body shall determine the extent of disclosure.
Section 655.057(5), ES. -- Except as otherwise provided in this
subsection, the list of members of a credit union or mutual association which is
submitted to the Office of Financial Regulation is confidential and exempt from
s. 119.07(1).
Section 655.057(6), ES. -- ":xcept as otherwise provided in this
subsection, any portion of rhe list of shareholders of a bank, trust company, and
stock association which is submitted to rhe Office of hnancial Regulation pursuant
to this subsection and which reveals the identities of the shareholders is confidential
and exempt from s. 119.07(1).
Section 655.057(7), ES. -- Confidential documents supplied to the
Office of hnancial Regulation or to employees of a financial institution by other
governmental agencies or by the Florida Credit Union C;uaranty Corporation Inc.,
shall be confidential and exempt from s. 119.07(1) and may be made public only with
the consent of such agency or corporation.
Section 655.50(7), ES. _. Except as provided in the exemption, all reports
and records filed with the Office of hnancial Regularion pursuant to this section
(I'lorida Control of Money Laundering in Financial Institutions Act) are confidential
and exempt from s. 119.07(1).
Section 681.1097(4), ES. -- A mediation conference conducted pursuant
to the RV Mediation and i\rbitration Program shall be confidential.
Section 687.144(6), ES. -- The material compiled by the Office
of Financial Regulation in an investigation or examination under this act
(relating to loan brokers) is confidential until the investigation or examination is
complete.
Section 688.006, ES. -. In an action under the Uniform Trade Secrets ;\ct,
a court shall preserve the secrecy of an alleged trade secret by reasonable means as
described in the section.
Section 717.117(8), ES. -- Social security numbers and property
identifiers contained in reports ro the Department of Financial Services concerning
abandoned and unclaimed property are confidential and exempt and may not be
released except social security numbers may be released to the entities specified
in the exemption for the limited purpose of locating owners of abandoned or
unclaimed property.
335
GOVERNMENT- IN - THE-sUNsHINE- MANUAL
Section 717.1301(5), ES. -- Material compiled by the Department
of Financial Services in an investigation under the Disposition of Unclaimed
Property Act is confidential until the investigation is complete; provided that such
material remains confidential if it is submitted to another agency for investigation
or prosecution and such investigation has not been completed or become inactive.
Section 721.071, ES. -- If a developer or other person filing material with
the Division of Condominiums, Timeshares and Mobile Homes of the Department
of Business and Professional Regulation pursuant to chapter 721 relating to time-
share plans expects the division to keep the material confidential on grounds that the
material constitutes a trade secret as defined in s. 812.081, that person shall file the
material together with an affidavit of confidentiality as provided in the section. If the
division is satisfied as to the facial validity of the claim of confidentiality, it shall keep
the affidavit and supporting documentation confidential and shall not disclose such
information except upon administrative or court order.
Section 723.006(3), ES. -- Except as otherwise provided in the subsection,
mobile home park financial records, as defined in the subsection, which are
acquired by the Division of Condominiums, Timeshares and Mobile Homes of the
Department of Business and Professional Regulation pursuant to an investigation
under this section are confidential and exempt.
Section 733.604(1)(b), ES. -- Any inventory of an estate filed with the
clerk of court in conjunction with the administration of an estate or of an elective
estate filed with the clerk of the court in conjunction with an election made in
accordance w;th Part II, Ch. 732, whether initial, amended, or supplementary, is
confidential and exempt. Any accounting, whether interim, final, amended, or
supplementary, filed in an estate proceeding is confidential and exempt.
Section 741.04(1), ES. -- Disclosure of a social security number required
in a marriage license certificate filcd with clerk of court pursuant to this section is
limited to child support enforcement purposes.
Section 741.29(2), ES. -- i\ law enforcement agency shall, without
charge, send a copy of the initial police report of domestic violence, as well as
any subsequent, supplemental, or related report, which excludes victim/witness
statements or other materials that are part of an active criminal investigation and
are exempt from disclosurc under Ch. 119 to the nearest locally ccrtified domestic
violence center within 24 hours after thc agency's receipt of the report.
Section 741.30(3)(b), ES. -- A petitioner seeking an injunction for
protection against domestic violence may furnish his or her address to the court in
a separate confidential filing for safety reasons if the petitioncr tequires the location
of his or her current residence to be confidential.
Section 741.313(7), ES. -- Personal Identifying information contained in
records documcnting an act of domcstic violence that is submitted to an agency by
an agency cmployee seeking to take leave as provided thercin as provided therein is
confidential and exempt. A written request for leave submitted by an agency employee
and any agency time shcet reflecting such request arc confidential and exempt until 1
336
GOVERNMENT- IN- THE-sUNsH INE- MANUAL
year after the leave has been taken.
Section 741.3165, ES. -- Information that is confidential or exempt and
that is obtained by a domestic violence fatality review tcam conducting activities
as described in s. 741.316 shall retain its confidential or exempt status when held
by the team. Information contained in a record created by a team pursuant to s.
741.316 that reveals the identity of a victim of domestic violence or the identity of
the victim's children is confidential and exempt. Portions of meetings of the team
regarding domestic violence fatalittes and their prevention, during which confidential
or exempt information, the identity of the victim, or the identity of the victim's
children are discussed, are exempt from s. 286.011, FS.
Section 741.406, ES. -- The name, address, and telephone number of a
participant in the Address Confidentiality Program for Victims of Domestic Violence
may not be included in any list of registered voters available to the public.
Section 741.465, ES. -- The addresses, corresponding telcphone numbers,
and social security numbers of program participants in the Address Confidentiality
Program for Victims of Domestic Violence held by the Office of the Attorney
General are exempt from disclosure, except that the information may be disclosed
under the following circumstances: to a law enforcement agency for purposes of
assisting in the execution of a valid arrest warrant; if directed by court order, to a
person identified in the order; or if the certification has been canceled. The names,
addresses, and telephone numbers of participants contained in voter registration
and voting records are exempt, except the information may be disclosed under the
following circumstances: to a law enforcement agency for purposes of assisting in the
execution of an arrest warrant or, if directed by court order, to a person identified in
the order.
Section 742.031(3), ES. -- Disclosure of a social security number obtained
as part of adjudication of paternity proceedings and as requircd by pertinent federal
law is limited to child support enforcement purposes.
Section 742.032(3), ES. -- Disclosure of the social security number
required to be filed with the tribunal in a paternity or child support proceeding
pursuant to s. 742.032(1) is limited to child support enforcement purposes.
Section 742.09, ES. -- It is unlawful for the owner, publisher, manager,
or operator of any ncwspaper, magazine, rawo station, or any other publication, to
publish the name of any parties to any court proceeding to determine paternity except
for the purpose of serving process by publication as prm;ded under s. 49.011 (15).
Section 742.091, ES. -- Records of any proceeding under the
determination of paternity statute which was subsequently dismissed when the
mother of the illegitimate child and reputed father marry thereby making the
child legitimate are sealed against public inspection.
Section 742.10(2), ES. -- Disclosure of the social security number of
parties to a proceeding to determine paternity for children born out of wedlock
which is obtained pursuant to this section shall be limited to child support
337
GOVERNMENT -IN- THE-sUNsHINE- MANUAL
enforcement purposes.
Section 742.16(9), ES. -- All papers and records pertaining to the
affirmation of parental status for gestational surrogacy, including the original birth
certificate, are confidential and exempt and subject to inspection only upon court
order.
Section 744.1076, ES. -- A court order appointing a court mOl11tor is
confidential and exempt from public disclosure requirements. Reports of a court
monitor relating to the medical condition, financial affairs, or mental health of
the ward are confidential and exempt. The reports may be subject to inspection as
determined by the court or upon a showing of good cause. Court determinations
relating to a finding of no probable cause and court orders finding no probable
cause are confidential; however, such determinations and findings may be subject to
inspection as determined by the court or upon a show;ng of good cause.
Section 744.3701, ES. -- Unless otherwise ordered by the court, any
initial, annual, or final guardianship report or amendment thereto is subject to
inspection only by the individuals specified in the section.
Section 744.708(2), ES. -- No report or disclosurc of the pcrsonal
or medical records of a ward of a public guardian shall be made, except as
authorized by law.
Section 744.7081, ES. -- All records held by the Statewide Public
Guardianship Office relating to the medical, financial, or mental health of
vulnerable citizens, persons v,,;th a developmental disability, or pcrsons with a
mental illness, are confidential and exempt from public disclosure requirements.
Section 744.7082(6), ES. -- The identity of a donor or prospective
donor of funds or property to the direct-support organization of the Statewide
Public Guardianship Office who wishes to remain anonymous and all information
identifying the donor or prospective donor is confidential and exempt from disclosure
requirements, and that anonymity must be maintained in any publication concerning
the direct -support organization.
Section 760.11(12), ES. -- Complaints filed with the Commission on
Human Relations and all records in the commission's custody which relate to and
identify a particular person, including, but not limited to, the entities specified in the
subsection are confidential and may not be disclosed except to the parties or in the
course of a hearing or proceeding under this section. This restriction does not apply
to any record which is part of the record of a hearing or court proceeding.
Section 760,34(1), ES. -- Nothing said or done in the course of informal
endeavors by the Commission on Human Relations to resolve complaints about
discriminatory housing practices may be made public or used as evidence in a
subsequent proceeding under ss. 760.20-760.37 \v;thout the written consent of the
persons concerned.
Section 760.36, ES. -- A conciliation agreement arising out of a
338
GOVERNMENT- IN- THE-sUNsHINE- MANUAL
complaint filed under the Fair Housing Act shall be made public unless the
complainant and the respondent otherwise agree and the Commission on Human
Relations determines that disclosure is not required to further the purposes of the
Act.
Section 760.40(2)(a), ES. -- Except as provided in the subsection, DNA
analysis results information held by a public entity is exempt from s. 119.c17(1).
Section 760.50(5), ES. -- Employers shall maintain the confidentiality
of information relating to the medical condition or status of any person covered
by health or life insurance benefits provided or administered by the employer.
Such information in the possession of a public employer is exempt from s.
119.07(1).
Section 765.51551, ES. -- Donor identifying information maintained in
the anatomical gifts donor registry is excmpt from the Public Records Law except as
providcd therein.
Section 766.101 (7)(c) , ES. -- Proceedings of medical review
committees are exempt from s. 286.011 and any advisory reports provided to the
Department of Health are confidential and exempt from s. 119.07(1), regardless
of whether probable cause is found.
Section 766.105(3)(e)2., ES. -- A claim file in the possession of the
Patient's Compensation Fund is confidential and exempt until termination of
litigation or sctdement of the claim, although medical records and other portions
of the claim file may rcmain confidential and excmpt as otherwise provided by law.
Section 766.106(6)(b)3., ES. -- An examination rcport on an injured
claimant which is made pursuant to this section relating to medical malpractice
claims is availablc only to the parties and thcir attorneys and may be used only for
the purpose of presuit screening. Otherwise, such report is confidential and exempt
froms.119.07(1).
Section 766.1115(4)(c), ES. -- All patient medical rccords and any
identifying information contained in adverse incident reports and treatment
outcomes which are obtained by governmcntal entities contracting with health care
prm;ders under tbis paragraph, are confidential and exempt.
Section 766.305(3), ES. -- Information furnished by a person seeking
compensation under the Florida Birth-Related Neurological Injury Compensation
Plan pursuant to this subsection shall remain confidential and exempt under the
provisions of s. 766.315(5)(b), FS.
Section 766.314(8), ES. -- Information obtained by the Florida Birth-
Related Neurological Injury Compensation I\ssociation to determine the actual cost
of maintaining the fund on an actuarially sound basis shall be utilized solely for thc
purpose of assisting the association. Such information shall otherwise be confidential
and exemptm
339
GOVERNMENT -IN-THE -5UNsHINE- MANUAL
.Section 766.315(5)(b), ES. -- 1\ claim file in thc possession of the Florida
Birth-Related Neurological Injury Compensation Association or its representative
is confidential and exempt until termination of litigation or settlemcnt of the claim,
although medical records and other portions of the claim file may remain confidential
and exempt as otherwise provided by law.
Section 768.28(16)(b), ES. -- Claims files maintained by any risk
management program administered by the state, its agencies and subdivisions are
confidential and exempt until termination of all litigation and sertlement of all
claims arising out of the same incident, although portions of the claims files may
remain exempt, as otherwise provided by law. Claims files records may be released to
other governmental agencies as provided in the paragraph; such records held by the
receiving agency remain confidential as provided in the paragraph.
Section 768.28(16)(c), ES. -- Portions of meetings and proceedings
conducted pursuant to a risk management program administered by the state, its
agencies or subdivisions relating solely to the evaluation of claims or relating solely
to offers of compromise of claims filed with the program are cxempt from s.
286.011.
Section 768.28(16)(d), ES. -- Minutes of the meetings and proceedings of
a risk management program administcred by the state, its agencies or its subdivisions
relating solely to the evaluation of claims or relating solely to offers of compromise
of claims filed with such risk management programs are exempt from s. 119.07(1)
until termination of all litigation and settlement of all claims arising out of the samc
incident.
Section 787.03(6)(c) 1., ES. -- The current address and telcphone number
of the person taking a child or incompetent person when fleeing from domestic
\;olence or to preserve the minor or incompetent person from danger and the
current address and telephone number of the minor or incompetent person which
are contained in the report made to a sheriff or state attorney under s. 787.03(6)
(b), by a person who takes such child or incompetent person, are confidential and
exempt from public disclosure requirements.
Section 790.0601, ES. -- Personal identifying information of an individual
who has applied for or receivcd a license to carry a concealed weapon or firearm
pursuant to s. 790.06 held by the Division of Licensing of the Department of
Agriculture and Consumer Services is confidential and excmpt from disclosure
requirements. Information made confidential and excmpt shall be disclosed with
express written consent of the applicant or licensee by court order, or upon request
by a law enforcement agency in connection \\;th the performance of lawful duties.
Section 790.065(4), ES. -- Any rccords containing information specified
in this section relating to a buver or transferee of a firearm who is not prohibitcd
under state or federal law from reccipt or transfer of a fircarm shall be confidential
and exempt from s. 119.07(1) and may not be disclosed by the Department of Law
Enforcement to any other person or agency.
Section 790.335(2), ES. -- Subjcct to specified cxceptions, no
340
GOVERNMENT - IN- THE-s UNsHINE -MANUAL
governmental agency or any other person, public or private, shall knowingly and
willfully keep or cause to be kept any list, record or registry of privately owned
firearms or any list, record, or registry of the owners of those firearms.
Section 794.024, ES. -- A public employee or officer having access to the
photograph, name or address of a person alleged to be a victim of an offense
described in this chapter (sexual battery), chapter 800 Qewdness, indecent exposure),
s. 827.03 (aggravated child abuse), s. 827.04 (child abuse), or s. 827.071 (sexual
performance by a child) may not willfully and knowingly disclose it to a person not
assisting in the investigation or prosecution of the alleged offense or to any person
other than the defendant, the defendant's attorney, a person specified in a court order
entered by the court having jUrIsdiction ovet the alleged offense, to organizations
authorized to receive such information madc cxempt by s. 119.071 (2) (h), or to a rape
crisis center or sexual assault counselor who will be offering sen;ces to the victim.
Section 794.03, ES. -- It is unlawful to print, publish, or broadcast or
cause or allow to be printed, published or broadcast in any instrument of mass
communication the name, address or other identifying fact or information of
the victim of any sexual offense. Such identifying information is confidential and
exempt.
Section 815.04(3)(a), ES. -- Data, programs or supporting information
which is a trade secret as defined in s. 812.081 which is part of a computer system
held by an agency as defined in Ch. 119 is confidential and exempt
Section 815.045, ES. -- It is a public necessity that trade secret
information as defined in s. 812.081, and as provided for in s. 815.04(3), be
expressly made confidential and exempt from the public records law because it is a
felony to disclose such records.
Section 828.30(5), ES. -- ,\n animal owner's name, street address,
phone number, and animal tag number contained in a rabies vaccination certificate
provided to the animal control authority is confidential and exempt from disclosure
except as provided in the exemption.
Section 877.19(3), ES. -- Certain information on hate crimes which is
reported to the Florida Department of Law Enforcement pursuant to this statute is
confidential and exempt. Data required pursuant to this section shall be used only
for research or statistical purposcs and shall not include any information that may
reveal the identity of a crime victim.
Section 893.0551(2), ES. -- Certain identification and location information
of a patient or patient's agcnt, a health care practitioner, a dispenser, an employee of
the practitioner who is acting on behalf of and at thc direction of the practitioner; a
pharmacist, or a pharmacy, that is contained in Department of Health records under
the electronic prescription drug monitoring program for monitoring the prescribing
and dispensing of controlled substances is confidential and exempt from disclosure.
Section 896.102(2), ES. -- Information and documents filed w;th the
Department of Revenue regarding certain currency transactions are confidential
341
GOVERNMENT -IN- THE-sUNsHINE-MANUAL
and exempt; however, the information may be released as providcd in the
subsection.
Section 905.17(1), ES. -- Stenographic records, notes and transcriptions
made by a court reporter during a grand jury session are confidential and exempt
from s. 119.07(1) and shall be filed with the clerk who shall keep them in a sealed
container not subject to public inspection.
Section 905.24, ES. -- Grand jury proceedings are secrct and a grand juror
or interpreter appointed pursuant to s. 90.6063(2) shall not disclosc the nature or
substance of the deliberations or vote of the grand jury.
Section 905.26, ES. -- Unless ordered by the court, a grand juror, reporter,
stenographer, interpreter, or officer of the court may not disclose the finding of an
indictment against a person not in custody or under recognizance, except by issuing
or cxecuting process on the indictment, until the person has been arrested.
Section 905.27(1) and (2), ES. -- A grand juror, state attorney, assistant
state attorney, reporter, stenographer, interpreter, or any other person appearing
before the grand jury may not disclose evidence received by it except when
required by a court. It is unlawful for any person knowingly to publish, disclose
or cause to be published or disclosed any witncss's testimony before a grand jury
unless such testimony is or has been disclosed in a court proceeding.
Section 905.28(1), ES. -- A report or presentment of a grand jury
relating to an individual which is not accompanied by a true bill or indictment
is confidential and exempt and shall not be made public until the individual
concerned has been furnished a copy and given 15 days to file a motion to repress
or expunge the report.
Section 905.395, ES. -- Unless pursuant to court order, it is unlawful
for any person knowingly to publish, broadcast, disclose, divulge, or communicate
or cause or permit such publication or communication to any person outside the
statewide grand jury room, any of the proceedings or identity of persons referred to
or being investigated by the statewide grand jury.
Section 914.27, ES. -- Information held by a law enforcement agency,
prosecutorial agency, or the Victim and Witness Protection Review Committee which
discloses the identity or location of a victim or witness who has been identified
or certified for protective or relocation services is confidential and exempt from
disclosure. Identity and location of immediate family members of such victims or
witnesses are also protected as are relocation sites, techniques or procedures utilized
or developed as a result of the victim and witncss protective services.
Section 916.107(8), F.S. -- Except as provided in the subsection, a
forensic client's clinical record is confidential and exempt from s. 119.07(1).
Section 918.16(1), ES. -- Except as provided in s. 918.16(2), in any civil
or criminal trial, when any person under 16 or any person with mental retardation as
defined in cited statute is testifying concerning any sex offense, thc court shall clear
342
GOVERNMENT- IN- THE-sUNsHINE-MANUAL
the courtroom of all persons except parties to the cause and their immediate families
or guardians, attorneys and their secretaries, officers of the court, jurors, newspaper
reporters or broadcasters and court reporters, and at the request of the victim, victim
or witness advocates designated by the state attorney's office.
Section 918.16(2), ES. -- When the victim of a scx offense is testif);ng
concerning that offense in any civil or criminal trial, the court shall clear the
courtroom of all persons upon the request of the victim, regardless of the \;ctim's
age or mental capacity, except that parties to the causc and their immediate families
or guardians, attorneys and their secretaries, officers of the court, jurors, newspaper
reporters or broadcasters and court reporters, and at the request of the victim, victim
or vv;tness advocates designated by thc state attorney may remain in the courtroom.
Section 925.055(2), ES. -- The names of confidential informants
that may be revealed to auditors of law enforcement investigative funds are
confidential and exempt.
Section 934.08(I)(b), ES. -- 1\ state or federal law enforcement official
who receives intelligence information as described in the paragraph is subject to any
limitations on the unauthorized disclosure of such information.
Section 934.09(8)(c), ES. -- Applications made and orders granted
authorizing interception of Mre, oral or electronic communications pursuant to cited
statutes shall be sealed by the judge and shall be disclosed only upon a shoMng of
good cause before a judge.
Section 934.33(7), ES. -- The record maintained by an investigative or law
enforcement agency which contains specified identifying information regarding the
installation and use of a pen register or trap and trace device must bc provided under
seal to the court.
Section 937.028(1), ES. -- \'</hen fingerprints are taken for the purpose
of identifying a child, should that child become missing, the state agency, public or
private organization, or other person taking such fingerprints shall not release the
fingerprints to any law enforcement agency or othcr person for any purpose other
than the identification of a missing child. Such records and data are exempt from
s. 119.07(1).
Section 943.03(2), ES. -- Records related to a Florida Department of Law
Enforcement investigation requested by the Governor concerning official misconduct
of public officials and employees, are confidential and exempt from s. 1 19.07(1) until
the investigation is completed or is no longer "active" as defined in the subsection.
Section 943.031(9) and (d), ES. -- The Florida Violent Crime and Drug
Control Council may close portions of meetings during which the council MIl hear
or discuss active criminal investigative information or active criminal intelligence
information and such portions of meetings are exempt from open meetings
requirements, provided that the conditions set forth in the subsection are met. j\ tape
recording of, and any minutes and notes generated during, the closed portion of a
meeting are confidential and exempt until thc criminal investigative or intelligence
343
GOVERNMENT- IN- THE -SUNSHINE-MANUAL
information ceases to be active.
Section 943.0314, ES. -- That portion of a meeting of thc Domestic
Security Oversight Council at which the council will hear or discuss active criminal
investigative information or active criminal intelligence information is exempt from
open meetings requirements provided that the conditions set forth in the exemption
are complied with. ;\n audio or video recording of, and any minutes and notes
generated during, a closed meeting are exempt from public disclosure requirements
until such time as the criminal investigative information or criminal intelligence
information heard or discussed therein ceases to be active.
Section 943.0321(4), ES. -- Information that is cxempt from public
disclosure under Ch. 119 when in the possession of the Florida Domestic Security
and Counter-Terrorism Intelligence Center retains its cxemption from public
disclosure after such information is revealed to a law enfofcement agency or
prosecutor, exccpt as othef\v;se provided by law. Exempt information obtaincd by
the center from a law enforcement agency or prosecutor retains its exemption from
public disclosure, except as othef\v;se provided by law.
Section 943.046(1), ES. -- Any state or local law enforcement agency
may release to the public any criminal history information and other information
regarding a criminal offender, including, but not limited to, public notification by the
agency of the information, unless the information is confidential and exempt from
disclosure. However, this section does not contravene any provision of s. 943.053
which relates to the method by which an agency or indi\;dual may obtain a copy of
an offender's criminal history record.
Section 943.053(5), (8), (9), and (10), ES. -- Sealed records received by a
court for the purpose of assisting judges in their case-related responsibilities, or by a
private entity under contract to operate a juvenile offender facility, county detention
facility Of state correctional facility pursuant to cited laws remain confidential and
exempt from disclosure.
Section 943.057, ES. -- This section (providing for access to criminal
justice information in the Department of Law Enforcement for research or
statistical purposes) does not requirc release of confidential information or require
the department to accommodate requests that would disrupt ongoing operations
beyond the extent required by s. 119.07.
Section 943.0585, ES. -- Norwithstanding any contrary provision of law,
a criminal justice agency may comply with laws, court orders and official rcquests
of other Jurisdictions relating to expunction, correction or confidential handling of
criminal history records or information derived therefrom.
Section 943.0585(4), ES. -- A criminal history record ordered expunged
that is retained by the Department of Law Enforcement pursuant to this section
is confidential and exempt and is not available to any person or entity except upon
court order.
Section 943.0585(4)(c), ES. -- Information relating to the existence of an
344
GOVERNMENT- IN - THE-sUNSHINE- MANUAL
expunged criminal history record which is provided in accordance with paragraph (a),
is confidential and exempt, except that the Florida Department of Law Enforcement
shall disclose the existence of an expunged record to the agencies set forth in the
paragraph for their respective licensing and employment purposes and to criminal
justice agencies for their respective criminal justice purposes. It is unlawful for any
employee of an entity identified in the paragraph to disclose such information except
to the person to whom the record relates or to persons having direct responsibility
for employment or licensure decisions.
Section 943.059, ES. -- Notwithstanding any contrary provision of law, a
criminal justice agency may comply with laws, court orders, and official requests of
other jurisdictions relating to sealing, correction, or confidential handling of criminal
history records or information derivcd therefrom.
Section 943.059(4), ES. -- ;\ criminal history record of a minor or an adult
which is ordered sealed by a court pursuant to this section is confidential and exempt
and available only to the person and entities identified in the subsection.
Section 943.059(4)(c), ES. -- Information relating to the existence of
such record that is provided in accordance with paragraph (a) is confidential and
exempt, except that the Florida Department of Law Enforcement shall disclose a
sealed record to the agencies set forth in the paragraph for their respective licensing
and employment purposes. It is unlawful for any emplovee of an entity identified
in the paragraph to disclose such information except to the person to whom the
record relates or to persons having direct responsibility for employmcnt or licensure
decisions.
Section 943. 1395(6)(b), ES. -- The report of misconduct and all records
or information provided to or developed by the Criminal Justice Standards and
Training Commission during the course of an investigation conducted by the
commission are exempt from s. 119.07 (1) and, except as otherwisc provided by law,
such information shall be subject to public disclosure only after a determination
as to probable cause has been made or until the investigation becomes inactive.
However, the officer being investigated or the officer's attorney may review records
as authorized in the exemption.
Section 943.173(3), ES. -- Examinations, asscssments, and instruments
and examination results, other than test scores on officer certification examinations,
including developmental materials and workpapers, administered pursuant to s.
943. I 3(9) or (10) and s. 943.17 are exempt from s. 119.07(1).
Section 943.325(14), ES. -- Thc results of a DNi\ analysis and the
comparison of analytic results submitted to rhe Department of Law Enforcement
under this section shall be released only to criminal justice agencies as defined
in s. 943.045(10), at the request of thc agencv. Otherwise, such information is
confidential and exempt.
Section 944.606(3)(d), ES. -- Sexual offender information received
from the Department of Corrections by the Departmcnt of Law Enforcement, the
sheriff, or the chief of police shall be providcd to a person who requests it and such
345
GOVERNMENT-IN -THE -sUNsHIN E- MANUAL
information may be released to the public in any manner deemcd appropriate, unless
thc information so received is confidcntial or exempt from disclosure.
Section 945.10(1), ES. -- Records of the Department of Corrections
relating to inmates, as set forth in the excmption, are confidential and exempt and
may not be released except as providcd in the excmption.
Section 945.602(7)(b), ES. -- Neither the provisions of this section
nor those of Ch. 119 or s. 154.207 (7) shall apply to any health care provider
under contract with the Department of Corrections except to the extent
such provisions would apply to any similar entity not under contract with thc
department.
Section 945.6032(3), ES. -- The findings and recommendations of a
medical review committec creatcd by the Correctional Medical Authority or the
Department of Corrections pursuant to s. 766.101 are confidential and exempt from
s. 119.07(1) and any proceedings of the committee are exempt from s. 286.01 I.
Section 946.517, ES. -- Proprietary confidential business information,
as defined in the statute, of the corporation created to opcrate correctional work
programs is confidential and exempt.
Section 951.27(2), ES. -- Except as otherwise provided in this subsection,
serologic blood test results for infectious disease which are obtained pursuant to s.
951.27(1) on inmates in county and municipal dctention facilities are confidcntial and
exempt.
Section 958.07, ES. -- The defendant, his attorncv, and the state shall be
entitled to inspect all factual material contained in the comprehensive presentence
report or diagnostic reports prepared or received by the Department of Corrections.
The victim may review the report as provided in s. 960.001(1)(g)2. The court may
withhold from disclosure to the defendant and his attorney sources of information
which have been obtained through a promisc of confidentiality.
Section 960.001 (1)(g) 2., ES. -- Any person who views a presentence
investigation report pursuant to this paragraph must maintain the confidentiality of
the report and shall not disclose its contents to any person except statements made
to the statc attorney or the court.
Section 960.001(8), ES. -- Information gained by a crime victim
pursuant to this chapter (providing guidelines for fair treatment of victims in the
criminal and juvcnile justJce systems), regarding any case handled in juvenile court,
must not be revealed to any outside party, exccpt as is reasonably necessary in
pursuit of legal rcmedies.
Section 960.003(3), ES. -- Results of human immunodeficiency virus
tests performed pursuant to this section on persons charged with or alleged by
delinquency petition with certain offenses are confidential and exempt and may not
be disclosed to any person othcr than the individuals and cntities identified in the
subsection.
346
GOVERNMENT -IN- THE-sUNsHINE-MANUAL
Section 960.15, ES. -- Any record or report obtained by the
Department of Legal Affairs or a hearing officer, pursuant to a claim for crime
v;ctim compensation, that is confidential or exempt from s. 119.07(1) shall retain
that status and shall not be subject to public disclosure.
Section 960.28(4), ES. -- Information received or maintained by the
Department of Legal Affairs identifying an alleged victim who seeks payment of
medical expenses under this section is confidential and exempt from s. 1 I 9'()7 (1).
Section 984.06(3) and (4), ES. -- :\11 information obtained pursuant
to Ch. 984 (families in need of services and children in need of services) in the
discharge of official duty by the officials specified in the subsection shall not be
disclosed to anyone other than persons and agencies entided under the chapter to
receive this information or upon court order. Court records required by Ch. 984 are
not open to public inspection.
Section 985.036, ES. -- Nothing in this chapter prohibits the victim of
the offense or a minor victim's parent or guardian from the right to be informed of,
and to be present during, all crucial stages of the proceedings involving the juvenile
offender. However, such person may not reveal to any outside party any confidential
information obtained under this subsection regarding the case, except as is reasonably
necessary to pursue legal remedies. A law enforcement agcncy may release a copy of
the juvenile offense report to the victim of the offense; however, information gained
by the victim under this chapter, including the next of kin of a homicide victim,
regarding any case handled in juvenile court must not bc revealed to any outside party,
except as is reasonably necessary in pursuit of legal remedies.
Section 985.04(1), ES. -- Except as other\visc provided in this section, all
information obtained under this chapter (relating to juvenile justicc) in the discharge
of official duty by any of the entities set forth in the subsection is confidential and
may be disclosed only to the entities specified in the subsection or upon court order.
Agencies entering into an agreement to share information about juvenile offenders
as authorized by this subsection must comply with s. 943.0525 and must maintain
the confidentiality of information otherwise exempt from s. 119.07(1), as provided
by law.
Section 985.04(6), ES. -- Rccords maintained by the Department of
Juvenile Justice pertaining to a child found to have committed a delinquent act
which, if committed by an adult, would be a crime specified in cited statutes may
not be destroyed for a period of 25 years aftcr the youth's final refcrral to the
department, except in cases of the child's death. However, such record shall be
sealed by the court and may be released only to meet screening requirements for
personnel in s. 402.3055 and the other mentioned statutes or department rules
although sexual offender and predator registration information is a public record.
Section 985.04(7)(a), ES. -- Records in the custody of the Department
of Juvenile Justice regarding children are not open to public inspection and may
be inspected only upon order of the Secretary of the department or the secretary's
authorized agent as provided therein.
347
GOVERNMENT- IN-THE-sUNsHINE - MANUAL
Section 985.045(2), ES. -- Thc clerk of court shall keep all official
records requircd by this section (delinquency) separate from other records of the
circuit court, except those records pertaining to motor vehicle violations, which
shall be forwarded to the Department of Highway Safety and Motor Vehicles.
Except as provided in ss. 943.053, and 985.04(6)(b) and (7), official rccords required
by this chapter are not open to inspection by the public, but may be inspected
only by persons and entities specified in the subscction or deemed by the court to
have a proper interest therein. The court may permit authorized representatives
of recognized organizations compiling statistics for proper purposes to inspect,
and make abstracts from, official tecords under whatever conditions upon the use
and disposition of such records the court may deem proper and may punish by
contempt proceedings any violation of those conditions.
Section 985.047(2)(a), ES. -- Notwithstanding any provision of law to
the contrary, confidentiality of records information does not apply to juveniles who
have been arrested for an offense that would be a crime if committed bv an adult,
regarding the sharing of information on such juveniles w;th the law enforcement
agency or county as well as other specified agencies and individuals. Neither these
records provided to the law enforcement agency or county nor the records developed
from these records for scrious habitual juvenile offenders nor the records provided
or developed from tecords providcd to the law enforcement agcncy or county on
juveniles at risk of becoming serious habitual juveniles offenders shall be available for
public disclosure under s. 119.07.
Section 985.11, ES. -- Except as provided in cited statutes, fingerprints
and photographs of juveniles are not available for public disclosure and inspection
under s. 119.07(I),except as providcd in ss. 943.053 and 985.04(2), but are available
to specified entities or to any other person authorizcd by the court to have access to
such records. Thc records may, in the discretion of the court, be open to inspection
by anyone upon a showing of cause.
Section 985.47(11), ES. -- Results of blood and urine tests obtaincd
pursuant to this subsection on serious or habitual juvenilc offendcrs are cxempt
from disclosure and may be rcleased only to thosc persons authorized under the
section. The assessmcnt and treatment records of such offenders are confidential
and exempt from disclosure and may bc relcascd only as provided in the subsection.
The principlcs of confidentiality of records as providcd in s. 985.04 apply to the
assessment and treatmcnt records of scrious Ot habitual juveniJc offendcrs.
Section 985.483(11), ES. -- Serologic blood test and urinalysis
results obtained on children who are eligible for the intensive residential
treatment program provided in this section for offenders less than 13 years old
are confidential and may not be disclosed except as authorizcd in the section.
Assessment and treatment records of such children are confidential and exempt
from disclosure and no part of such records may be released except as authorized
in the section. The principles of confidentiality of records as provided in s. 985.04
apply to the assessment and treatment records of children who are eligible for an
intensive residential treatment program for offenders less than 13 years of age.
Section 985.534(4) and (5), ES. -- The original order of the appellate
court in a case affecting a party to a case involving a child undcr this chapter
~ 348
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
(delinquency) and all papers filed in the case on appeal shall remain in the office
of the clerk of the court, sealed and not open to inspection except by order of the
appellate court. The case on appeal shall be docketed, and any papers filed in the
appellate court shall be entitled with the initials but not the name of the child.
Section 1001.24(4), ES. -- The identity of donors to a Department
of Education direct-support organization, and all information identifying
donors and prospective donors, is confidential and exempt from s. 119.07(1)
and that anonymity shall be maintained in the auditor's report. ,\11 records of
the organization other than the auditor's report, management letter, and any
supplemental data requested by the Auditor Ceneral and the Office of Program
Policy Analysis and Government Accountability shall be confidential and exempt.
Section 1001.453(4), ES. -- The identity of donors and all information
identifying donors and prospcctive donors are confidential and exempt from s.
119.07 (1) and that anonymity shall be maintained in the auditor's report of a district
school board direct-support organization.
Section 1002.22(2), ES. -- The rights of students and their parents with
respect to education records created, maintained, or used by public educational
institutions and agencies shall be protccted in accordance with the Family Educational
Rights and Privacy Act, 20 U.S.e. s. 1232g, the implementing regulations, and this
section. Students and their parents have a right of privacy with respect to their
education records and to access such records or challenge thc contcnt of such
records to ensure that the records are not inaccurate, misleading, or otherwise a
violation of privacy or other rights.
Section 1002.221, ES. -- Education records, as defined in the Familv
Educational Rights and Privacy Act, 20 USe:. s. 1232g, and the federal regulations,
are confidential and exempt. An agency, as defined in s. 1002.22(1)(a), or a public
school, center, institution, or other entity that is part of Florida's education system
under s. 1000'()4(1), (3), or (4), may not release a student's education rccords without
the written consent of the student or parent except in accordance as permitted by the
federal act or to the Auditor General or the Office of Program Policy Analysis and
Government Accountability, which are nccessary for such agencies to perform their
official duties and responsibilities as provided therein.
Section 1002.225, ES. -- All public postsecondary cducational institutions
shall comply v,,;th the Family Educational Rights and Privacy Act, 20 USe. s. 1232g,
with respect to the education records of students. A public postsecondary educational
institution may charge fees for furnishing copies of education records that are
requested under this section but may not exceed the actual cost incurred by the
institution for producing such copies and may not include the costs of searching for
or retrieving the education records.
Section 1002.36(7)(d), ES. -- The criminal records, private investigator
findings, and information from reference checks obtained by the Florida School
for the Deaf and the Blind for determining the moral character of employees of
the school are confidential and cxempt from disclosure.
349
GOVERNMENT -IN-THE-S UNsHINE-MANUAL
Section 1002.72, ES. -- Except as provided in the exemption, individual
records of children enrolled in the Voluntary Prekindergarten Education Program
are confidential.
Section 1003.25(1), ES. -- The cumulative record of a public school pupil
that is requircd by this section is confidential and exempt from s. 119.07(1) and is
open to inspection only as provided in Ch. 1002.
Section 1003.53(6), ES. -- School districts and other agencies receiving
information contained in student records and juvenile justice records shall use
such information only for official purposes connected \v;th the certification of
students for admission to and for the administration of the dropout prevention and
academic intervention program, and such agencies shall maintain the confidentiality
of such information unless otherwise provided by law or rule. Such information is
confidential and exempt from s. 119.07(1).
Section 1003.57(1)(b), ES. -- Hearings on exceptional student placement
or denial of placement in special education programs are exempt from s. 286.011,
except to the extent that the State Board of Education adopts rules establishing
other procedures, and any records created as a result of such hearings are
confidential and exempt.
Section 1004.22(2), ES. -- Materials relating to methods of manufacture or
production, potential or actual trade secrets, potentially patentable material, business
transactions, or proprietary information received, generated, ascertained or discovered
during the course of research conducted within state universities are confidential
and exempt from s. 119.07(1), except that a division of sponsored research shall
make available, upon request, title and description of a research project, name of the
researcher, and amount and source of funding for the project.
Section 1004.24(4), ES. -- The claims files of a self-insurance program
adopted by the Board of Governors, or the board's designee, pursuant to this
section arc confidential and exempt from s. 119.07(1), and are only for the use of
the program in fulfilling its duties.
Section 1004.226 -- Matcrials held by the Florida Technology, Research,
and Scholarship Board that relate to manufacture or production methods, trade
secrets, patentable material, or proprietary information received or discovered
through state university research projects submitted for funding under the State
University Research Commercialization ,\ssistance G rant Program; information
identifying an investor in projects reviewed by the Board wishing to remain
anonymous; or information received from a person, state, nation or Federal
Government which is othef\\;se confidential or exempt under the laws of that state,
nation or federal law is confidential and exempt. That portion of a meeting of the
Board at which confidential and exempt information is discussed is exempt and any
records generated during the exempt meeting are confidential and exempt.
Section 1004.28(5), ES. -- Records of a university direct-support
organization other than the auditor's report, management letter, and any supplemental
data requested by the Board of Governors, the university board of trustees, the
350
GOVERNMENT -IN- THE-sUNsHINE-MANUAL
Auditor General, and the Office of Program Policy Analysis and Government
Accountability shall be confidential and exempt from s. 119.07(1). The identity of
donors who desire to remain anonymous shall be protected, and that anonymity shall
be maintained in the auditor's report.
Section 1004.30, ES. -- Certain records of university health serv;ces
support organizations are made confidential; however, some records become public
records at a specified time in the future. j\ny portion of a governing board or peer
review panel or committee meeting during which a confidential and exempt contract,
document, record, marketing plan, or trade secret is discussed is exempt from s.
286.011, as well as any records generated during the closed portion of a governing
board or peer rev;ew panel or committee meeting which contain information relating
to contracts, documents, records, marketing plans, or trade secrets which are made
confidential and exempt by this section. .-\ pcrson may petition a court for release
of certain documents upon a finding of compelling public interest for release. The
organization may petition a court for continucd confidentiality upon a showing of
good cause.
Section 1004.43(8), ES. -- Proprietary confidential business information,
as defined in the subsection, of the not-for-profit corporation organized pursuant
to this section for the purpose of operating thc H. Lee Moffitt Cancer Center and
Research Institute, and the corporation's subsidiaries, is confidential and exempt from
disclosure, except that the j\uditor General, Office of Program Policy Analysis and
Government j\ccountability, and the Board of C;overnors must be given access and
must maintain the confidentiality of the information so received.
Section 1004.43(9), ES. -- Meetings of the governing body of the not-
for-profit corporation operating the H. Lee Moffitt Cancer Center and Research
Institute, or its subsidiaries are exempt from open meeting requirements except that
meetings at which expenditures of dollars appropriated to the corporation by the
state are discussed must remain open to the public.
Section 1004.4472, ES. -- Specified materials held by the Florida
Institute for Human and Machine Cognition, Inc., or its subsidiary, including
certain donor information, as well as trade secrets, patentable material, proprietary
information received or generated from research, and exempt information received
from other states or the federal government, are confidcntial and exempt from
disclosure requirements. Portions of meetings where confidential information is
discussed are exempt from open meetings requirements.
Section 1004.45(2)(h), ES. -- Information that, if released, would identify
donors who desire to remain anonymous, is confidential and exempt. Information
which, if released, would identify prospective donors to the museum is confidential
and exempt unless the direct-support organization has obtained the name from
another source. Identities of such donors and prospective donors shall not be
revcaled in the auditor's report.
Section 1004.70(6), ES. -- Records of community college direct-support
organizations other than the auditor's report, any information necessary for the
auditor's report, any information related to the expenditure of funds, and any
351
GOVERNMENT- IN-THE-5UNsHINE -MANUAL
supplemental data requested by the board of trustees, the Auditor General, and the
Office of Program Policy Analysis and Government Accountability are confidential
and exempt from s. 1 19.07(1). The identity of donors who desire to remain
anonymous shall be protccted, and that anonymity shall be maintained in the auditor's
teport.
Section 1004.71(6), ES. -- The identity of a donor or prospective
donor to a statewide community college direct -support organization who desires
to remain anonymous, and all information identifying such donor or prospective
donor are confidential and exempt from disclosure. Such anonymity shall be
maintained in the auditor's report.
Section 1004.78(2), ES. -- Materials relating to methods of manufacture or
production, potential or actual trade secrets, potentially patentable material, business
transactions, or proprietary information receivcd, generated, ascertained or discovered
during the course of activities conducted within a community college are confidential
and exempt from s. 119,()7 (1) prO\;ded that a community college shall make available,
upon request, the title and description of a project, the name of the investigator and
the amount and source of the funding provided for the project.
Section 1005.36(3), ES. -- Confidentiality of student records of closed
non public postsecondary institutions which are furnished to the Commission for
Independent Education in accordance with this section shall be maintained, to the
extent required by law.
Section 1005.38(6), ES. -- Investigatory records held by the Commission
for Independent Education, including minutes and findings of an exempt probable
cause panel meeting convened in conjunction with such investigation, are exempt
from public disclosure requirements for a period not to exceed 10 days after the panel
makes a determination regarding probable cause. Those portions of meetings of the
probable cause panel at which exempt records arc discussed are exempt from open
meeungs reqwrements.
Section 1006.07(1)(a), ES. -- Student expulsion hearings are exempt
from s. 286.011. However, the student's parent must be given notice of the
Sunshine Law and may elect to have the hearing held in compliance with that
sectIon.
Section 1006.52(1), ES. -- Each public postsecondary educational
institution may prescribe the content and custody of records which the university
may maintain on its students. A student's education records, as defined in the Family
Educational Rights and Privacy Act, 20 U.S.e. s. 1232g, and the federal regulations,
and applicant records as defined by this section are confidential and exempt.
Section 1006.52(2), ES. -- A public postsecondary educational institution
may not release a student's education records without the written consent of the
student to any individual, agency, or organization, except as permitted by the Family
Educational Rights and Privacy l\ct, 20 USe. s. 1232g, or to the Auditor General or
the Office of Program Policy Analysis and Government Accountability, which are
necessary for such agencies to perform their official duties and responsibilities as
352
GOVERNMENT- IN- THE-sUNSHINE- MANUAL
provided in the statute.
Section 1008.23, ES. -- 1\11 examination and assessment instruments
,
including developmental materials and workpapers directly related thereto, which are
prepared, prescribed or administered pursuant to cited statutes, shall be confidential
and exempt from s. 119.07, and from s. 1001.52.
Section 1008.24(3)(b), ES. -- The identity of a school or postsecondary
educational institution, the personally identifiable information of any personnel of
any school district or postsecondary educational institution, or any specific allegations
of misconduct obtained or reported pursuant to an investigation conducted by the
Department of Education of a testing impropriety are confidential and exempt until
the conclusion of the investigation or until such time as the investigation ceases to be
actlve.
Section 1008.345(8)(h), ES. -- Tests and related documents developed
to measure and diagnose student achievement of college- level communication and
mathematics skills are exempt from s. 119.07(1).
Section 1008.39(3), ES. -- The Florida Education and Training Placement
Information Program must not make public any information that could identify an
individual or the individual's employer.
Section 1008.41 (1)(b) , ES. -- Uniform management information systems
for workforce education coordinated by the Commissioner of Education pursuant
to this section must provide for compliance with state and federal confidentiality
requirements except that the department shall have access to certain unemployment
reports to collect and report placement data about former students. Such placement
reports must not disclose the individual identities of former students.
Section 1009.98(6), ES. -- Information that identifies the purchasers or
beneficiaries of a prepaid college plan and their advance payment account activities
is exempt from s. 119.07(1). Information which is authorized to be released to
postsecondary institutions shall be maintained as exempt from s. 119.07(1).
Section 1009.981(6), ES. -- Information that identifies the benefactors or
the designated beneficiary of any account initiated pursuant to the Florida College
Savings Program is confidential and exempt from public disclosure requirements.
However, the board is authorizcd to release such information to a community college,
college, or university in which a designated beneficiary may enroll or is enrolled. The
receiving institution shall maintain the confidentiality of such information.
Section 1009.983(4), ES. -- The identity of donors who desire to remain
anonymous shall be confidential and exempt from disclosure, and such anonymity
shall be maintained in the auditor's report of the direct-support organization of
the Florida Prepaid College Program. Information received by the direct -support
organization that is otherwise confidential or exempt shall retain such status and
any sensitive, personal information regarding contract beneficiaries, including their
identities, is exempt from disclosure.
353
GOVERNMENT -IN- THE -sUNsHINE- MANUAL
Section 1012.31(3), ES. -- Public school system employee personnel
files are subject to the provisions of s. 119.07(1) except that any complaint
and material relating to the investigation of a complaint against an employee is
confidential and exempt until the conclusion of the preliminary investigation or
until the preliminary investigation ceases to be active; employee evaluations are
confidential until the end of the school year immediately follow;ng the school
year during which the evaluation was made, but no evaluations made prior to
July 1, 1983, shall be made public; payroll deduction records of the employee
and medical records are confidential and exempt. However, an employee's
personnel file shall be open at all times to the officials designated in the
subsection.
Section 1012.56(1), ES. -- Disclosure of the social security numbcr of
an applicant for certification which is submitted to the Department of Education is
limited to child support enforcement purposes.
Section 1012.56(9)(e), ES. -- For any examination developed by
this state, the Department of Education and the State Board of Educa60n
shall maintain confidentiality of the cxamination, developmental materials, and
workpapers, which are exempt from s. 119.07(1).
Section 1012.56(9)(g), ES. -- Examination instruments, including
developmental materials and workpapers directly related thereto, which are
prepared, prescribed, or administered pursuant to this section arc confidential and
exempt from s. 119.07(1) and from s. 1001.52. Provisions governing access to,
maintcnance of, and destruction of such instruments and related materials shall be
prescribed by rules of the Statc Board of I ':ducation.
Section 1012.796(4), ES. -- The complaint against a teacher or
administrator and all information obtained pursuant to the investigation by the
Department of Education shall be confidential and exempt from s. 1 19.07(1) until
the conclusion of thc preliminary investigation, until such time as the prcliminary
investigation ceascs to be active, or until such time as otherwise provided by
s. 1012.798(6). However, the complaint and all material assembled during the
investigation may be inspected and copied by the certificate holder or thc certificate
holder's designee, after the investigation is concluded, but prior to the determination
of probable cause.
Section 1012.798(9), ES. -- Information obtaincd by the recovery network
program (established v,,;thin the Department of Education to assist impaired
educators) from a treatment proy;der which relates to a person's impairment and
participation in the program is confidential and exempt from disclosure.
Section 1012.798(11), ES. -- Medical records released pursuant to
paragraph (8)(e) of this section relating to the impaired educators recovery network
program may be disclosed only to the entities specificd only as required for
purposes of this section, or as otherwise authorized by law. Thc medical rccords are
confidential and exempt from disclosure
Section 1012.81, ES.-- Rules of the State Board of Education shall
354
GOVERNMENT-IN - THE-sUNsHINE-MANUAL
prescribe the content and custody of limited-access records which a community
college may maintain on its employees. Such records are limited to information'
reflecting evaluations of employee performance and are open to inspection only by
the employcc and officials of the college rcsponsible for supervising the emplovee.
Such limited acccss employee records are confidential and exempt from s. 119.07(1).
The custodian of limited access employee records may release information from
such records only as authorizcd in the section.
Section 1012.91, ES. -- Each university board of trustees shall adopt
rules prescribing the content and custody of limited-access records maintained
on its employees. Such limited-access records are limited to the records
described in the section. l,imited access records are confidential and cxempt
from s. 119.07(1) and may not be released except as authorized in the section.
For more information, please see thc discussion on university personnel rccords
found at Part II section I.2.b. The page number may be found in the Table of
Contents.
Section 1013.14(I)(a), ES. -- In any case where a board, pursuant to the
provisions of Ch. 1013, seeks to purchase real property for educational purposes,
all appraisals, offcrs, or counteroffers are 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 agrcement for purchase is considered for approval by the board. If a
contract or agreement for purchase is not submitted to the board for approval, then
the exemption from s. 119.07(1) expircs 30 days after the negotiations end.
E. RULE 2.420 , PUBLIC ACCESS TO JUDICIAL BRANCH RECORDS,
FLA. RULES OF JUDICIAL ADMINISTRATION
(a) Scope and Purpose. Subject to the rulemaking power of the lilorida
Supremc Court provided by article V, section 2, Florida Constitution, the follcm;ng
rule shall govern public access to the records of the judicial branch of government.
The public shall have access to all records of the judicial branch of government,
except as provided below.
(b) Definitions.
(1) "Records of the judicial branch" are all records, rcgardless of
physical form, characteristics, or means of transmission, made or received in
connection w;th the transaction of official business by any judicial branch entity and
consist of:
(A) "court records," which are the contents of the court file,
including the progress docket and other similar rccords generated to document
activity in a case, transcripts filed with the clerk, documentary exhibits in the custody
of the clerk, and electronic records, videotapes, or stenographic tapes of depositions
or other proceedings filed w;th the clerk, and electronic records, videotapes, or
stenographic tapes of court proceedings; and
(B) "administrative records," which are all other records made
355
GOVERNMENT- IN- THE-s UNsHINE -MANUAL
or received pursuant to court rule, law, or ordinance, or in connection w;th the
transaction of official business by any judicial branch entity.
(2) "Judicial branch" means the Judicial branch of government,
which includes the state courts system, the clerk of court when acting as an arm
of the court, The Florida Bar, the Florida Board of Bar Examiners, the Judicial
Qualifications Commission, and all other entities established by or operating under
the authority of the supreme court or the chief justice.
(3) "Custodian." The custodian of all administrative records of any
court is the chief justice or chief judge of that court, except that each judge is
the custodian of all records that are solely within the possession and control of
that judge. i\S to all other records, the custodian is the official charged \vith the
responsibility of maintaining the office having the care, keeping, and supervision of
such records. All references to "custodian" mean the custodian or the custodian's
designee.
(c) Exemptions. The following records of the judicial branch shall be
confidential:
(1) Trial and appellate court memoranda, drafts of opinions and orders,
court conference records, notes, and other written materials of a similar nature
prepared by judges or court staff acting on behalf of or at the direction of the court
as part of the court's judicial decision-making process utilized in disposing of cases
and controversies before Florida courts unless filed as a part of the court record;
(2) Memoranda or advisory opinions that relate to the
administration of the court and that require confidentiality to protect a compelling
governmental interest, including, but not limited to, maintaining court security,
facilitating a criminal investigation, or protecting public safety, which cannot
be adequately protected by less restrictive measures. The degree, duration, and
manner of confidentiality imposed shall be no broader than necessary to protect
the compelling governmental interest involved, and a finding shall be made that
no less restrictive measures are available to protect this interest. The decision that
confidentiality is required with respect to such administrative memorandum or written
advisory opinion shall be made by the chief judge;
(3) (A) Complaints alleging misconduct against judges until probable
cause is established;
(B) Complaints alleging misconduct against other entities or
individuals licensed or regulated by the courts, until a finding of probable cause or no
probable cause is established, unless otherwise provided. Such finding should be made
\\,;thin the time limit set by law or rule. If no time limit is set, the finding should be
made within a reasonable period of time;
(4) Periodic evaluations implemented solely to assist judges in
improving their performance, all information gathered to form the bases for the
evaluations, and the results generated therefrom;
356
GOVERNMENT -IN- THE-sUNsHIN E-MANUAL
(5) Only the names and qualifications of persons applying to serve or
serving as unpaid volunteers to assist the court, at the court's request and direction,
shall be accessible to the public. All other information contained in the applications
by and evaluations of persons applying to serve or serving as unpaid volunteers
shall be confidential unless made public by court order based upon a showing of
materiality in a pending court proceeding or upon a shmv;ng of good cause;
(6) Copies of arrest and search warrants and supporting affidavits
retained by judges, clerks, or other court personnel until execution of said warrants or
until a determination is made by law enforcement authorities that execution cannot be
made;
(7) All records made confidential under the Florida and United States
Constitutions and Florida and federal law;
(8) All rccords presently deemed to be confidential by court rule,
including the Rules for Admission to the Bar, by Florida Statutes, by prior casc law of
the State of Florida, and bv the rules of the Judicial Oualifications Commission;
. .,
(9) Any court record determined to be confidential in case decision or
court rule on the grounds that
(A) confidentiality is required to
(i) prevent a serious and imminent threat to the fair, impartial, and
orderlv administration of justice;
(ii) protect trade secrets;
(iii) protect a compelling governmental interest;
(iv) obtain evidence to determine legal issues in a casc;
(v) avoid substantial injury to innocent third parties;
(vi) avoid substantial injury to a party by disclosure of matters
protected by a common law or privacy right not generally inherent in the specific type
of proceeding sought to be closed;
(vii) comply with established public policy set forth in the Florida
or United States Constitution or statutes or r'lorida rules or case law;
(B) the degree, duration, and manner of confidentiality ordered
by the court shall be no broader than necessary to protect the interests set forth in
subdivision (i\) and
(C) no less restrictive measures are available to protect the interests
set forth in subdivision (1\).
357
GOVERNMENT- IN -THE-SUN SHIN E- MANUAL
(10) The names and any identifying information of judges mentioned in
an advisory opinion of the Committee on Standards of Conduct for Judges.
(d) Request to Make Circuit and County Court Records in Noncriminal Cases
Confidential.
(1) :\ request to make circuit and county court records in noncriminal
cases confidential under subdivision (c)(9) must be made in the form of a
written motion captioned "Motion to Make Court Records Confidential." J\
motion made under this subdivision must:
(A) identify the particular court records the movant seeks to make
confidential with as much spccificity as possible without revealing the information to
be made confidential; and
(B) specify the bascs for making such court records confidential.
Any motion made under this subdivision must include a signed certification by the
party making the request that the motion is being made in good faith and is supported
by a sound factual and legal basis. The court records that are subject to a motion made
under this subdivision must be treated as confidential by the clerk pending the court's
ruling on the motion. Notwithstanding any of the forcgoing, the court may not make
confidential the case number, docket number, or other number used by the clcrk's
officc to identify the case file.
(2) Except when a motion filed under subdivision (d)(I) represents that
all parties agree to all of the relief requestcd, the court must, as soon as practicable but
no later than 30 days aftcr the filing of a motion under this subdivision, hold a hcaring
before ruling on the motion. Whether or not any motion filed under subdivision (d)(I)
is agreed to by the parties, the court may in its discretion hold a hearing on such motion.
J\ny hearing held under this subdIvision must be an open procceding, except that any
party mav request that the court conduct all or part of the hearing in camera to protect
the interests set forth in subdi,;sion (c) (9) (A). The moving party shall be responsible
for ensuring that a complete record of any hearing held pursuant to this subdivision be
created, either by use of a court reporter or by any recording device that is provided
as a matter of right by the court. The court may in its discretion require prior public
notice of the hearing on such a motion in accordance w1th the procedure for providing
public notice of court ordcrs set forth in subdivision (d)(4) or by providing such other
public notice as the court deems appropriate.
(3) Any order granting in whole or in part a motion filed under
subdivision (d)(I) must state the following with as much specificity as possible
without revealing information made confidential:
(A) The type of case in which the order is being entered;
(B) The particular grounds under subdivision (c)(9)(A) for making
the court records confidential;
358
--"--,--,~",_,,,,"'..,_....._-
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
(C) Whether any party's name is to be made confidential and, if so,
the particular pseudonym or other term to be substituted for the party's name;
(D) Whether the progress docket or similar records generated to
document activity in the case are to be made confidential;
(E) The particular court records that are to be made confidential;
(1<) The names of those persons who are permitted to view the
confidential court records;
(G) That the court finds that:
(i) the degree, duration, and manner of confidentiality ordered by
the court is no broader than necessary to protect the interests set forth in subdivision
(c) (9) (A); and
(il) no less restrictive measures are available to protect the interests
set forth in subdivision (c) (9) (A); and
(H) That the clerk of the court is directed to publish the order in
accordance with subdivision (d) (4).
(4) Except as provided by law or court rule, notice must be given of
any order granting a motion made under subdivision (d)(l) as follows Within 10 days
following the entrv of thc order, the clerk of court must post a copy of the order on
the clerk's website and in a prominent, public location in the courthouse. The order
must remain posted in both locations for no less than 30 days.
(5) If a nonparty requests that the court vacate all or part of an order
issued under subdivision (d)(3), the request must be made in the form of a written
motion that states with as much specificity as possible the bases for the request.
The movant must serve all parties in the action with a copy of the motion. In the
event that the subject order specifies that the names or addresses of one or more
parties are to be made confidential, the movant must state prominently in the caption
of the motion "Confidential Party -- Court Service Requested." When a motion
so designated is filed, the court shall be responsible for prcwiding a copy of the
motion to the parties in such a way as to not reveal the confidential information to
the movant. Except when a motion filed under this subdivision represents that all
parties agree to all of the relief requested, the court must hold a hearing before ruling
on the motion. Whether or not any motion filed under this subdivision is agreed to
by the parties, the court may in Its discrction hold a hearing on such motion. l\ny
hearing held under this subdivision must be an open proceeding, exccpt that any party
may rcquest that the court conduct all or part of the hearing in camera to protect
the interests set forth in subdivision (c) (9) (;\). The movant shall be responsible for
ensuring that a complctc record of any hearing held under this subdivision be created,
either by use of a court reporter or by any recording device that is prov;ded as a
matter of right by the court.
359
GOVERNMENT- IN- THE-sUNsHINE-MANUAL
(6) If the court determines that a motion made under subdivision (d)
(1) was not made in good faith and supported by a sound legal and factual basis, the
court may impose sanctions upon the movant.
(7) Court records made confidential under this rule must be treated
as confidential during any appellate proceedings. In any case where an order making
court records confidential remains in effect as of the time of an appeal, the clerk's
index must include a statement that an order making court records confidential has
been entered in the matter and must identify such order by date or docket number.
(e) Judicial Review of Denial of Access Request. Expedited review of denials
of access to records of the judicial branch shall be provided through an action for
mandamus, or other appropriate appellate remcdy, in the following manner:
(1) Where a judge who has denied a request for access to records is the
custodian, the action shall be filed in the court having appellate jurisdiction to review
the decisions of the Judgc denying access. Upon order issued by the appellate court, the
judge denying access to records shall file a sealed copy of the requested records with
the appellate court.
(2) All other actions under this rule shall be filed in the circuit court of
the circuit in which such denial of access occurs.
(I) Procedure. Requests and responscs to requests for access to records under
this rule shall be madc in a reasonable manner.
(1) Requests for access to records shall be in writing and shall be directed
to the custodian. The rcquest shall provide sufficient specificity to enable the custodian
to identify the requested records. 'fhe reason for the request is not required to be
disclosed.
(2) The custodian shall be solely responsible for providing access to
records of the custodian's entity. The custodian shall determine whether the requested
record is subject to this rule and, if so, whether the record or portions of the record are
exempt from disclosure. The custodian shall determine the form in which the record
is provided. I f the rcquest is denied, the custodian shall state in writing thc basis for
the denial.
(3) Fees for copies of records in all entities in the judicial branch of
government, exccpt for copies of court records, shall be the same as those provided
in section 119.07, Florida Statutes (20Cll).
360
GOVERNMENT- IN - THE-s UNsHINE - MANUAL
F. SECTION 11.0431, FLORIDA STATUTES - LEGISLATIVE RECORDS;
EXEMPTIONS FROM PUBLIC DISCLOSURE
11.0431 Legislative records; intent of legislation; exemption from public
disdosure.--
(1) It is the policy of the Legislature that evcry person has the right to inspect and
copy records of the Senate and the House of Representatives reccived in connection
with the official business of the Legislature as provided for by the constitution of this
state. To that end, public records shall be open to personal inspection and copying at
reasonable times exccpt when specific public necessity justifies that public records be
exempt from such inspection and copying.
(2) The following public records are exempt from inspection and copying:
(a) Records, or information contained therein, held by the legislative branch of
government which, if held by an agency as defined in s. 119.011, or any other unit
of government, would be confidential or exempt from the provisions of s. 1 19.07 (1),
or otherwise exempt from public disclosure, and records or information of the same
type held by the Legislature.
(b) 1\ formal complaint about a member or officer of the Legislature or about a
lobbyist and the records relating to the complaint, until the complaint is dismissed,
a determination as to probable cause has been made, a determination that there are
sufficient grounds for review has been made and no probable cause panel is to be
appointed, or the respondent has rcquested in writing that the Presidcnt of the Senate
or the Speaker of the House of Representatives make public the complaint or other
records relating to the complaint, whichever occurs first.
(c) "\ legislatively produced draft, and a legislarive request for a draft, of a bill,
resolution, memorial, or legislative rule, and an amendment thereto, which is not
provided to any person other than the member or members who requested the draft,
an employee of the Legislature, a member of the Legislature who is a supervisor of
the legislative employee, a contract employee or consultant retained by the Legislature,
or an officer of the Legislature.
(d) A draft of a bill analysis or fiscal note until the bill analysis or fiscal note is
prov;ded to a person other than an employee of the Legislature, a contract employee
or consultant retained by the Legislature, or an officer of the Legislature.
(e) A draft, and a request for a draft, of a reapportionment plan or redistricting plan
and an amendment thereto. l\nv supporting documents associated with such plan or
amendment until a bill implementing the plan, or the amendment, is filed.
(I) Records prepared for or used in executive sessions of the Senate until 10 years
after the date on which the executive session was held.
(g) Portions of records of former legislative investigating committees whose records
are sealed or confidential as of June 30, 1993, which may reveal the idcntity of any
v,,;tness, any person who was a subject of the inquiry, or any person referred to in
testimony, documents, or evidencc retained in the committee's records; however,
this exemption does not apply to a member of the committee, its staff, or any public
official who was not a subject of the inquiry.
(h) Requests by mcmbers for an advisory opinion concerning the application of the
rules of either house pertaining to ethics, unless the member requesting thc opinion
authorizes in writing the release of such information. :\11 advisory opinions shall
be open to inspection except that the identity of the member shall not be disclosed
361
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
in the opinion unless the member requesting the opinion authorizes in writing the
release of such information.
(i) Portions of correspondence held by the legislative branch which, if disclosed,
would reveal: information otherw;se exempt from disclosure by law; an indi,,;dual's
medical treatment, history, or condition; the identity or location of an individual if
there is a substantial likelihood that releasing such information would jeopardize the
health or safety of that individual; or information rcgarding physical abuse, child
abuse, spouse abuse, or abuse of the elderly.
(3) i\ny record created prior to July 1, 1993, which was not available to the public
from the house, commission, committee, or office of the legislative branch that
created the record, is exempt from inspection and copying until July 1, 1993. Prior
to July 1, 1993, the presiding officer of each house shall determine which records
held by that house should remain exempt from inspection and copying. The
presiding officers of both houses shall jointly determine which records held by joint
committees should remain exempt from inspection and copying. No later than July
1, 1993, the presiding officers shall publish a list of records that remain exempt from
inspection and copying.
(4) For purposes of this section, "public record" means all documents, papers,
letters, maps, books, tapes, photographs, films, sound recordings, or other material,
regardless of physical form or characteristics, made or received pursuant to law or
ordinance or in connection with the transaction of official business by the legislative
branch.
(5) Nothing herein shall be construed to limit the authority of each house of the
Legislature to adopt rules pursuant to Art. I, s. 24 of the State Constitution.
G. TABLE OF CASES (GOVERNMENT IN THE SUNSHINE
LAW AND THE PUBLIC RECORDS ACT)
(s) denotes case cited in Part I, Sunshine Law
(pr) denotes case cited in Part II, Public
Records Act
Alexis v. State, 732 So. 2d 46 (Fla. 3d DCA 1999) (pr)
Alice P v. Miami Daily News, Inc., 440 So. 2d 1300 (Fla. 3d DCAI983), review denied,
467 So. 2d 697 (Fla. 1985) (pr)
Allstate Floridian Ins. Co. v. Office of Ins. Regulation, 981 So. 2d 617 (Fla. 1st DCA
2008), review denied, 987 So. 2d 79 (Fla. 2(08) (pr)
Alston v. City of Riviera Beach, 882 So. 2d 436 (Ha. 4th Del, 20(4) (pr)
Alterra Healthcare Corporation v. Estate of Shelley, 827 So. 2d 936 (Fla. 2(02) (pr)
Alvarez v. Reno, 587 So. 2d 664 (Fla. 3d DCA 1991) (pr)
Amendments to the Florida Family Law Rules of Procedure, 723 So. 2d 208 (Fla. 1998)
(s),(pr)
362
GOVERNMENT-IN- THE-sUNsHINE-MANUAL
Amendments to the Florida Family Law Rules of Procedure, 853 So. 2d 303 (Fla. 2003)
(pr)
Arbelaez v. State, 775 So. 2d 909 (Fla. 20(0) (pr)
Areizaga v. Board of County Commissioners of Hills borough County, 935 So. 2d 640 (Fla.
2d DCA 2(06), review denied, 958 So. 2d 918 (Fla. 2007) (pr)
Askew v. City of Ocala, 348 So. 2d 308 (Fla. 1977) (s)
Atkins v. State, 663 So. 2d 624 (Fla. 1995) (pr)
Atwell v. Sacred Heart HosPital of Pensacola, 520 So. 2d 30 (Fla. 1988) (pr)
B & S Utilities, Inc. v. Baskerville-Donovan, Inc. 988 So. 2d 17 (Fla. 1 st DCA 2008),
review denied, 4 So. 3d 1220 (Fla. 2(09) (pr)
HB. v. Department of Children and Family Services, 731 So. 2d 30 (Fla. 4th DCA 1999)
(pr)
Baker v. Florida Department of Agriculture and Consumer Services, 937 So. 2d 1161 (Fla.
4th DCA 2006), review denied, 954 So. 2d 27 (Fla. 2007) (s)
Baker v. Eckerd Corporation, 697 So. 2d 970 (Fla. 2d DC/I, 1997) (pr)
Baker County Press, Inc. v. Baker County Medical Services, Inc., 870 So. 2d 189 (Fla. 1st
DC/I, 20(4) (s), (pr)
Baker v. Mitchell- Wtzters, 826 N.E.2d 894, 899 (Ohio Ct. f\pp. 2005) (pr)
B.M.Z Corporation v. City of Oakland Park, 415 So. 2d 735 (Fla. 4th DC/I, 1982) (s)
Barfield v. City of Fort Lauderdale Police Department, 639 So. 2d 1012 (Fla. 4th DCA),
review denied, 649 So. 2d 869 (Fla. 1994) (pr)
Barfield v. City of West Palm Beach, No. 94-2141-AC (Fla. 15th Cir. Ct. May 6,1994) (s)
Barfield v. Florida Department of Law Enftrcement, No. 93-1701 (Fla. 2d Cir. Ct. May
19, 1994) (pr)
Barfield v. Orange County, No. C192-5913 (Fla. 9th Cir. Ct. August 4, 1992) (pr)
Barfield v. Town of Eatonville, 675 So. 2d 223 (Fla. 5th DCA. 1996) (pr)
Barron v. Florida Freedom Newspapers, 531 So. 2d 113 (Fla. 1988) (s), (pr)
Bassett v. Braddock, 262 So. 2d 425 (Fla. 1972) (s)
Bay County School Board v. Public Employees Relations Commission, 382 So. 2d 747 (Fla.
363
GOVERNMENT - IN- THE-sUNsHINE-MANUAL
1 st DCA 1980) (pr)
Baynard v. City of Chi efland, Florida, No. 38-2002-C\-00078 (Fla. 8th Cir. Ct. July 8,
2003) (s)
BDO Seidman v. Banco Espirito Santo International, Ltd., 34 EL.W D739 (Fla. 3d
DCA 2(09) (s)
Bennett v. Warden, 333 So. 2d 97 (Fla. 2d DCA 1976) (s)
Bevan v. Wanicka, 505 So. 2d 1116 (Fla. 2d DCA 1987) (pr)
Bigelow v. Howze, 291 So. 2d 645 (Fla. 2d DC\ 1974) (s)
Blackftrd v. School Board of Orange County, 375 So. 2d 578 (Fla. 5th DC\ 1979) (s)
Bland v. Jackson County, 514 So. 2d 1 I 15 (I-Ia 1 st DC\ 1 9~7) (s)
Bludworth v. Palm Beach Newspapers, Inc., 476 So. 2d 775 (Fla. 4th Del, 1985), review
denied, 488 So. 2d 67 (Fla. 1986) (pr)
Board of County Commissioners of Highlands County v. Colby, 976 So. 2d 31 (Fla. 2d
DCA 2008) (pr)
Board of County Commissioners of Palm Beach County v. D.B., 784 So. 2d 585 (Fla. 4th
DCA 2001) (pr)
Board of County Commissioners of Sarasota County v. Webber, 658 So. 2d 1069 (Fla. 2d
DCA 1995) (s)
Board of Public Instruction of Broward County v. Doran, 224 So. 2d 693 (Fla. 1969) (s)
Board of Trustees, Cut Bank Public Schools v. Cut Bank Pioneer Press, 160 P.3d 482
(Mont. 2(07) (pr)
Booksmart Enterprises, Inc. v. Barnes & Noble College Bookstores, Inc., 718 So. 2d 227
(Fla. 3d DCA 1998), review denied, 729 So. 2d 389 (Fla. 1999) (pr)
Borreca v. Fasi, 369 F Supp. 906 (0. Hawaii 1974) (s)
Bostic v. State, 875 So. 2d 785 (Fla. 2d DCA 20(4) (pr)
Boyles v. Mid-FloriM Television Corp., 431 So. 2d 627 (Fla. 5th DCA 1983), approved,
467 So. 2d 282 (Fla. 1985) (pr)
Brevard County v. Nash, 46~ So. 2d 240 (Fla. 5th DCA 1984) (pr)
Briggs v. Bd. of Trustees of Columbus State Community College, No. 2:08-CV-644, 2009
WL 2047899 (S.D. Ohio July 8, 2(09) (pr)
364
GOVERNMENT- IN- THE-sUNsHlNE- MANUAL
Broward County v. Conner, 660 So. 2d 288 (I'la. 4th DC\ 1995), review denied, 669 So.
2d 250 (Fla. 19%) (s)
Brown v. City of Lauderhill, 654 So. 2d 302 (Fla. 4th DC\ 1995) (s)
Browning v. Walton, 351 So. 2d 380 (Fla. 4th DCA 1977) (pr)
Bruckner v. City of Dania Beach, 823 So. 2d 167 (Fla. 4th DCA 2002) (s)
Brunson v. Dade County School Board, 525 So. 2d 933 (Fla. 3d DCA 1988) (pr)
Bryan v. State, 753 So. 2d 1244 (Fla. 2000) (pr)
Buchanan v. Miami Herald Publishing Company, 206 So. 2d 465 (Fla. 3d DCA 19(8),
modified, 230 So. 2d 9 (Fla. 19(9) (pr)
Bundy v. State, 455 So. 2d 330 (Fla. 1984), cert. denied, 106 S. Ct. 1958 (1986) (s)
Butterworth v. Smith, 110 S.Ct. 1376 (1990) (s), (pr)
Buxton v. City of Plant City, Florida, 871 F2d 1037 (11th Cir. 1989) (pr)
Campus Communications, Inc. v. Criser, No. 862280 C\-.1 (Fla. 8th Cir. Ct. Septcmber
19, 1986) (pr)
Campus Communications, Inc. v. Earnhardt, 821 So. 2d 388 (Fla. 5th DCA 2002),
review denied, 848 So. 2d 1153 (Fla. 2(03) (pr)
Campus Communications, Inc. v. Shands Teaching Hospital and Clinics, Inc., 512 So. 2d
999 (Fla. 1st DCA 1987), review denied, 531 So. 2d 1352 (Fla. 1988) (s)
Canney v. Board of Public Instruction of Alachua County, 278 So. 2d 260 (l'la. 1973) (s),
(pr)
Cannon v. City of West Palm Beach, 250 F 3d 1299 (11 th Cir. 2001) (pr)
Cantanese v. Ceros-Livingston, 599 So. 2d 1021 (Fla. 4th DCA 1992), review denied, 613
So. 2d 2 (Fla. 1992) (pr)
Cape Coral Medical Center, Inc. v. News-Press Publishing Company, Inc., 390 So. 2d
1216 (Fla. 2d DC\ 1980) (s)
Cape Publications, Inc. v. City of Palm Bay, 473 So. 2d 222 (Fla. 5th DCA 1985) (s)
Cape Publications, Inc. v. Hitchner, 549 So. 2d 1374 (Fla. 1989), appeal dismissed, 110
S.Ct. 296 (1989) (pr)
Capeletti Brothers, Inc. v. Department of Transportation, 499 So. 2d 855 (Fla. 1 st DCA
1986), review denied, 509 So. 2d 1117 (Fla. 1987) (s)
365
GOVERNMENT- IN- THE-s UNsHINE -MANUAL
Carden v. Chief of Police, 696 So. 2d 772 (Fla. 2d DCA 1996) (pr)
Caswell v. Manhattan Fire & Marine Insurance Company, 399 F2d 417 (5th Cir. 19(8)
(pr)
Cebrian v. Klein, 614 So. 2d 1209 (Fla. 4th DCA 1993) (pr)
Chandler v. School Board of Polk County, No. 2008CA-004389 (Fla. 10th Cir. Ct.
October 9, 2008) (pr)
Chiaro v. State, 1 FL.W Supp. 70 (Fla. 17th Cir. Ct. May 8, 1 ()92) (s)
Christy v. Palm Beach County Sheri.ff's Office, 698 So. 2d 1365 (Fla. 4th DCA 1997) (pr)
Church of Scientology Flag Service Org., Inc. v. Wood, No. 97-688CI-07 (Fla. 6th Cir. Ct.
February 27, 1997) (pr)
Cincinnati Gas and Electric Company v. General Electric Company, 854 F2d 900 (6th
Cir. 1988), cert. denied, 109 S. Ct. 1171 (1989) (s)
Citizensftr a Better Royal Palm Beach, Inc. v. Village of Royal Palm Beach, No. CL 91-
14417 AA (Fla. 15th Cir. Ct. May 14, 1992) (s)
City of Delray Beach v. Barfield, 579 So. 2d 315 (Fla. 4th DCA 1991) (pr)
City of Dunnellon v. Aran, 662 So. 2d 1026 (Fla. 5th DCA 1995) (s)
City of Fort Myers v. News-Press Publishing Company, Inc., 514 So. 2d 408 (Fla. 2d DCA
1987) (s)
City of Gainesville v. Gainesville Sun Publishing Company, No. 96-3425-C\ (Fla. 8th
Cir. Ct. October 28, 1996) (pr)
City of Gainesville v. State ex rei. International Association of Fire Fighters Local No.
2151, 298 So. 2d 478 (Fla. 1 st DCA 1974) (pr)
City of Hallandale v. Rayel Corporation, 313 So. 2d 113 (Fla. 4th DCA 1975), cause
dismissed sua sponte, 322 So. 2d 915 (Fla. 1975) (s)
City of Hollywood v. Hakanson, 866 So. 2d 106 (Fla. 4th DCA 2004) (s)
City of Miami v. Post-Newsweek Stations Florida, Inc., 837 So. 2d 1002 (Fla. 3d DCA
2002), review dismissed, 863 So. 2d 1190 (Fla. 2(03) (pr)
City of Miami v. Metropolitan Dade County, 745 F Supp. 683 (S.D. Fla. 1990) (pr)
City of Miami Beach v. Berns, 245 So. 2d 38 (Fla. 1971) (s)
366
GOVERNMENT- IN- THE-SUNSHiNE-MANUAL
City of Miami Beach v. DeLapp, 472 So. 2d 543 (Fla. 3d DCA 1985)(pr)
City of Miami Beach v. Public Employees Relations Commission, 937 So. 2d 226 (Fla. 3d
DCA 2006) (pr)
City of North Miami v. Miami Herald Publishing Company, 468 So. 2d 218 (Fla. 1985) (pr)
City of Orlando v. Desjardins, 493 So. 2d 1027 (Fla. 198()) (pr)
City of Pinellas Park v. Times Publishing Company, No. 00-008234CI-19 (Fla. 6th Cir.
Ct. January 3, 2001) (pr)
City of Riviera Beach v. Barfield, 642 So. 2d 1135 (Fla. 4th DC/I 1994), review denied,
651 So. 2d 1192 (Fla. 1995) (pr)
City of St. Petersburg v. Romine, 719 So. 2d 19 (Fla. 2d DC\ 1998) (pr)
City of St. Petersburg v. St. Petersburg Junior College, No. 93-0004210-CI-13 (Fla. 6th
Cir. Ct. January 3, 1994) (pr)
City of Sunrise v. News and Sun-Sentinel Company, 542 So. 2d 1354 (Fla. 4th DCA
1989) (s)
City of Tarpon Springs v. Garrigan, 510 So. 2d 1198 (Fla. 2d DCA 1987) (pr)
Clein v. State, 52 So. 2d 117 (Fla. 1951) (s)
Coconut Grove Playhouse, Inc. v. Knight-Ridder, Inc., 935 So. 2d 597 (Fla. 3d DCA
2006) (pr)
Coleman v. Austin, 521 So. 2d 247 (Fla. 1st DCA 1988) (pr)
Cone & Graham Inc. v. State of Florida, No. 97-4047 (Fla. 2d Cir. Ct. October 7,1997) (pr)
Cooper v. Dillon, 403 F 3d 1208 (11 th Gr. 2(05) (pr)
Cox Broadcasting Corporation v. Cohn, 95 S.Ct. 1029 (1975) (pr)
Crespo v. Florida Entertainment Direct Support Organization, No. 94-4674 (Fla. 11 th
Cir. Ct April 10, 1995) (pr)
Critical Intervention Services, Inc. v. City of Clearwater, 908 So. 2d 1195 (Fla. 2d DC\
2005) (pr)
Cruger v. Love, 599 So. 2d 111 (Fla. 1992) (pr)
Cubic Transportation Systems, Inc. v. Miami-Dade County, 899 So. 2d 453 (Fla. 3d DCA
20(5) (pr)
367
GOVERNMENT -IN-THE -sUNsHINE- MANUAL
Curry v. State, 811 So. 2d 736 (Fla. 4th DCA 2002) (pr)
Dade Aviation Consultants v. Knight Ridder, Inc., 800 So. 2d 302 (Fla. 3d DC\ 2(01) (pr)
Daniels v. Bryson, 548 So. 2d 679 (Fla. 3d DC\ 1989) (pr)
Dascott v. Palm Beach County, 877 So. 2d 8 (Fla. 4th DCA 2004) (s)
Dascott v. Palm Beach County, 988 So. 2d 47 (Fla. 4th DCA 2008), review denied, 6 So.
3d 51 (Fla. 2(09) (s)
Davis v. Sarasota County Public Hospital Board, 480 So. 2d 203 (Fla. 2d DCA 1985),
review denied, 488 So. 2d 829 (Fla. 1986), appeal after remand, 519 So. 2d 75 (I'la. 2d
DCA 1988) (pr)
Deerfz'eld Beach Publishing, Inc. v. Robb, 530 So. 2d 510 (Fla. 4th DCA 1988) (s)
Department of Children and Family Services v. Florida Statewide Advocacy Council, 884
So. 2d 1162 (Fla. 2d DCA 2004) (pr)
Deininger v. Palm Beach County, 922 So. 2d 1102 (Fla. 4th DCA 2(06) (s) Department
of Health v. Grinberg, 795 So. 2d 1136 (Fla. 1 st DCA 2001) (pr)
Department of Health & Rehabilitative Services v. Gainesville Sun Publishing Company,
582 So. 2d 725 (Fla. 1st DC\ 1991) (pr)
Department of Health & Rehabilitative Services v. Martin, 574 So. 2d 1223 (Fla. 3d
DCA 1991) (pr)
Department of Professional Regulation v. Spiva, 478 So. 2d 382 (Fla. 1 st DCA 1985) (pr)
Dickerson v. Hayes, 543 So. 2d 836 (Fla. I st DCA 1989) (pr)
Doe v. State, 901 So. 2d 881 (Fla. 4th DCA 2(05) (pr)
Donner v. Edelstein, 415 So. 2d 830 (Fla. 3d Dell, 1982) (pr)
Dore v. Sliger, No. 90-1850 (Fla. 2d Cir. Ct. July 11, 1990) (s)
Douglas v. Michel, 410 So. 2d 936 (Fla. 5th DCA 1982),questions answered and
approved, 464 So. 2d 545 (Fla. 1985) (pr)
Downs v. Austin, 522 So. 2d 931 (l'la. 1st DC\ 1988) (pr)
Downs v. Austin, 559 So. 2d 246 (J!la. 1st DCA), review denied, 574 So. 2d 140 (Fla.
1990) (pr)
Edelstein v. Donner, 450 So. 2d 562 (Fla. 3d DC\ 1984), approved, 471 So. 2d 26 (Fla.
1985) (pr)
368
GOVERNMENT -IN- THE-sUNsH INE- MAN UAL
Ellis v. Cleveland Municipal School District, 309 F Supp. 2d 1019 (N.D. Ohio 20(4)
(pr)
Evergreen the Tree Treasurers of Charlotte County, Inc. v. Charlotte County Board of
County Commissioners, 810 So. 2d 526 (Fla. 2d DCA 2002) (s)
Express Track Data, L.L. C v. Town of Orange Park, No. 03-858-CA (Fla. 4th Cir. Ct.
January 20, 2004) (pr)
Fadjo v. Coon, 633 F2d 1172 (5th Cir. 1981) (pr)FA. Tv. State, 690 So. 2d 1347 (Fla.
1 st DCA 1997) (pr)
FA. T v. State, 690 So. 2d 1347 (Fla. 1 st DC\ 1997) (pr)
Finch v. Seminole County School Board, 995 So. 2d 1068 (Fla. 5th DCA 2008) (s)
Florida Bar v. Committe, 916 So. 2d 741 (Fla. 2005) (s) (pr)
Florida Board of Bar Examiners Re: Amendments to the Rules of the Supreme Court of
Florida Relating to Admissions to the Bar, 676 So. 2d 372 (Fla. 1996) (pr)
Florida Department of Children and Families v. Sun-Sentinel, Inc., 865 So. 2d 1278 (Fla.
20(4) (pr)
Florida Department of Corrections v. Abril, 969 So. 2d 210 (Fla. 2007) (pr)
Florida Department of Education v. Cooper, 858 So. 2d 394 (Fla. 1 st DCA 2003) (pr)
Florida Department of /:;{;fucation v. NYT Management Services, Inc., 895 So. 2d 1151
(Fla. 1 st DCA 2(05) (pr)
Florida Department of Revenue v. WHI Limited Partnership, 754 So. 2d 205 (Fla. 1 st
DCA 20(0) (pr)
Florida Freedom Newspapers, Inc. v. Dempsey, 478 So. 2d I 128 (I.'la. 1 st DCA 1985) (pr)
Florida Freedom Newspapers, Inc. v, McCrary, 520 So. 2d 32 (Fla. 1988) (pr)
Florida Health Sciences Center, Inc. v. Tribune Company, No. 99-580 (I.'la. 13th Cir. Ct.
October 22, 1999), affirmed per curiam, 785 So. 2d 481 (Fla. 2d DC\ 2001), review
dismissed, 790 So. 2d 1103 (Fla. 2(01) (s), (pr)
Florida Hospital Waterman v. Buster, 984 So. 2d 478 (Fla. 2008) (pr)
Florida Institutional Legal Services v. Florida Department of Corrections, 579 So. 2d 267
(Fla. 1 st DCA 1991), review denied, 592 So. 2d 680 (Fla. 1991) (pr)
Florida Keys Aqueduct Authority v. Board of County Commissioners, Monroe County,
369
GOVERNMENT -IN- THE-s UNsHINE -MANUAL
Florida, No. C\-K-00-1170 (Fla. 16th Cir. Ct. May 16,2(01) (s)
Florida Parole and Probation Commission v. Baranko, 407 So. 2d 1086 (PIa. 1 st DC\
1982) (s)
Florida Parole and Probation Commission v. 7homas, 364 So. 2d 480 (Fla. 1st DCA
1978) (s)
Florida Publishing Company v. State, 706 So. 2d 54 (Fla. 1 st DCA 1998), review
dismissed, 717 So. 2d 531 (Fla. 1998) (pr)
Florida Society of Newspaper Editors, Inc. v. Florida Public Service Commission, 543 So.
2d 1262 (Fla. 1st DCA), review denied, 551 So. 2d 461 (Fla. 1989) (s), (pr)
Florida Star v. B.j.F, 109 S.Ct. 2603 (1989) (pr)
Florida State University v. Hatton, 672 So. 2d 576 (Fla. 1 st Del, 1996) (pr)
Florida Sugar Cane League, Inc. v. Florida Department of Environmental Regulation,
No. 91-2108 (Fla. 2d Cir. Ct. Scptember 20, 1991), per curiam affirmed, 606 So. 2d
1267 (Fla. 1 st DC\ 1992) (pr)
Florida Sugar Cane League, Inc. v. Florida Department of Environmental Regulation,
No. 91-4218 (Fla. 2d Cir. Ct. June 5, 1992) (pr)
fOrehand v. School Board of Gulf County, Florida, 600 So. 2d 1187 (Fla. 1st DCA 1992)
(s)
Forsberg v. Housing Authority of City of Miami Beach, 455 So. 2d 373 (Fla. 1984) (pr)
Fort Lauderdale Fraternal Order of Police Lodge No. 31, Inc. v. Gretsas, Case No. 08-
32515 (17th Judicial Gr., Broward Co.) (pr)
Fox v. News-Press Publishing Co., Inc., 545 So. 2d 941 (Fla. 2d DCA 1989) (s), (pr)
Frankenmuth Mutual Insurance Company v. Magaha, 769 So. 2d 1012 (Fla. 2000) (s)
Fraternal Order of Police, Consolidated Lodge 5-30, Inc. v. 7he Consolidated City of
Jacksonville, No. 2000-4718-C\ (Fla. 4th Cir. Ct. December 21, 2(01) (pr)
Freeman v. Times Publishing Company, 696 So. 2d 427 (Fla. 2d DC\ 1997) (s)
Friend v. Friend, 866 So. 2d 116 (Fla. 3d DCA 2(04) (pr)
Friedberg v. 7iJwn of Longboat Key, 504 So. 2d 52 (Fla. 2d Del, 1987) (pr)
Fuller v. State ex rei. O'Donnell, 17 So. 2d 607 (l'la. 1944) (pr)
Gadd v. News-Press Publishing Company, Inc., 412 So. 2d 894 (Fla. 2d DCA), review
370
GOVERNMENT-IN- THE-sUNsHINE-MAN UAL
denied, 419 So. 2d 1197 (Fla. 1982) (pr)
Gannett Co., Inc. v. Goldtrap, 302 So. 2d 174 (Iila. 2d DC\ 1974) (pr)
Garcia v. Walder Electronics, Inc., 563 So. 2d 723 (Fla. 3d DCA), review denied, 576 So.
2d 287 (Fla. 1990) (pr)
Garner v. Florida Commission on Ethics, 415 So. 2d 67 (!'la. 1 st DCA 1982), review
denied, 424 So. 2d 761 (Fla. 1983) (pr)
Garrison v. Bailey, 4 So. 3d 683 (!'la. 1 st DCA 2009) (pr)
Gateway Southeast Properties, Inc. v. Town of Medley, 14 F.] "W Supp. 20a (Fla. 11 th Cir.
Ct. October 24, 2(06) (s)
Gay v. State, 697 So. 2d 179 (Fla. 1 st DC\ 1997) (pr)
Gilliam v. State, 996 So. 2d 956 (Fla. 2d Del, 20(8) (pr)
Gillum v. TImes Publishing Company, No. 91-2689-CA (I'la. 6th Cir. Ct. July 10, 1991) (pr)
Goodyear Tire & Rubber Co. v. Schalmo, 987 So. 2d 142 (Fla. 2nd DCA 2(08) (pr)
Goosby v. State, Case No. GF05-(001122-001130,001135)-BA (Fla. 10th Cir. Ct.
December 22, 20(6), cert. denied, Case No. 2D07-281 (Fla. 2d DCA May 25, 2007) (s)
Grace v. jenne, 855 So. 2d 262 (Fla. 4th DC\ 2003) (pr)
Grapski v. Machen, Case No. 01-2005CA-4005 J (Fla. 8th Cir. Ct. May 9, 2(06),
affirmed per curiam, 949 So. 2d 202 (Fla. 1 st DC\ 2(07) (pr)
Greater Orlando Aviation Authority v. Nejame, 4 So. 3d 41 (!'la. 5th DCA 2(09)
Greenbarg v. Metropolitan Dade County Board of County Commissioners, 618 So. 2d 760
(Fla. 3d DCi\ 1993) (s)
Halifax Hospital Medical Center v. News-Journal Corporation, 724 So. 2d 567 (Fla.
1999) (s), (pr)
Hall v. Liebling, 890 So. 2d 475 (Ha. 2d DC\ 2(04) (pr)
Harold v. Orange County, 668 So. 2d 1010 (Fla. 5th DC\ 1996) (pr)
Henderson v. Perez, 835 So. 2d 390 (Fla. 2d DCA 2003) (pr)
Henderson v. State, 745 So. 2d 319 (Fla. 1999) (pr)
Herskovitz v. Leon County, No. 98-22 (Fla. 2d Cir. Ct. June 9, 1998) (pr)
371
GOVERNMENT- IN- THE-sUNsHINE- MANUAL
Hill v. Prudential Insurance Company of America, 701 So. 2d 1218 (Fla. 1 st DCA 1997),
review denied, 717 So. 2d 536 (Fla. 1998) (pr)
Hillier v. City of Plantation, 935 So. 2d 105 (Fla. 4th DCA 2006) (pr)
Hillsborough County v. Buccaneers Stadium Limited Partnership, No.. 99-0321 (Fla. 13th
Cir. Ct. February 5, 1999), affirmed per curiam, 758 So. 2d 676 (Fla. 2d DCA 2000)
(pr)
Hillsborough County v. Morris, 730 SQ. 2d 367 (Fla. 2d DCA 1999) (pr)
Hillsborough County Aviation Authority v. Azzarelli Construction Company, 436 SQ. 2d
153 (Fla. 2d DCA 1983) (pr)
Holt v. Allen, 677 So. 2d 81 (Fla. 2d DCA 1996), review denied, 684 So. 2d 1351 (Fla.
1996) (pr)
Homeside Lending, Inc. v. Butterworth, No. 00-2781 (Fla. 2d Cir. Ct. December 22,
2000) (pr)
Homestead-Miami Speedway, LLe. v. City of Miami, 828 So. 2d 411 (Fla. 3d DC\
2002) (s)
Hough v. Stembridge, 278 SQ. 2d 288 (Fla. 3d DCA 1973) (s)
Housing Authority of the City of Daytona Beach v. Gomillion, 6.19 SQ. 2d 117 (Fla. 5th
DC\ 1994) (pr)
Human Rights Advocacy Committee v. Lee County School Board, 457 So. 2d 522 (Fla. 2d
DCA 1984) (pr)
IDS Properties, Inc. v. Town of Palm Beach, 279 So. 2d 353 (Fla. 4th DCA 1973),
certified question answered sub nom., Town of Palm Beach v. Gradison, 296 So. 2d 473
(Fla. 1974) (s)
Indian River County Hospital District v. Indian River Memorial Hospital, Inc., 766 So.
2d 233 (Fla. 4th DC\ 200()) (s) (pr)
In re Adoption of H YT, 458 So. 2d 1127 (Fla. 1984) (s)
In reAdvisory Opinion of the Governor, 334 So. 2d 561 (I'la 1976) (s)
In re Amendments to Fla. R. Jud Admin., Public Access to Judicial Records, 608 So. 2d
472 (Fla. 1992) (pr)
In re Amendments to Fla. R. Jud. Admin. 2.051, Public Access to Judicial Records, 651
So. 2d 1185 (Fla. 1995) (pr)
In re Amendments to the Ra. Rules of Judicial Administration ii Reorganization of the
372
GOVERNMENT-IN- THE -SUNSHINE - MANUAL
Rules, 939 So. 2d 966 (Fla. 2006) (pr)
In re Amendments to the Florida Rules of judicial Administration and the Florida Rules
of Appellate Procedure--Implementation of Commission on Trial Court Perftrmance and
Accountability Recommendations, 13 So.3d 1044 (Fla. 2009) (pr)
In re Amendments to Florida Rule of judicial Administration 2.420--Sealing of Court
Records and Dockets, 954 So. 2d 16 (Fla. 20(7) (pr)
In re Grandjury, Fall Term 1986,528 So. 2d 51 (Fla. 2d DCA 1988) (s), (pr)
In re Grandjury Investigation Spring Term 1988,543 So. 2d 757 (Fla. 2d DCA), review
denied, 547 So. 2d 1210 (Fla. 1989) (pr)
In re: Guardianship of Cosio, 841 So. 2d 693 (Fla. 2d DC\ 2003) (pr)
In re Interest of D.P, No. 97-4001 (Fla. 18th Cir. Ct. November 6,1997) (Pr)
In re Investigative Subpoena of Linda Getty, 427 So. 2d 380 (Fla. 4th DCA 1983) (s)
In re: Petition of the Alternative Dispute Resolution Rules and Policy Committee on
Amendments to Florida Rules for Certified and Court-Appointed Mediators, 931 So. 2d
877 (Fla. 2006). (s)
In re Records of the Childrens Advocacy Center of Southwest Florida Relating to Michele
Fontanez, No. 06-DR-001850 (Fla. 20th Cir. (:t. June 16,20(6) (pr)
In re Records of the Department of Children and Family Services, 873 So. 2d 506 (Fla. 2d
DCA 20(4) (pr)
In re Report of the Supreme Court Workgroup on Public Records, 825 So. 2d 889 (Fla.
2002) (pr)
In re Subpoena to Testify Before Grand jury Directed to Custodian of Records, 864 F2d
1559 (11 th Gr. 1989) (s) (pr)
In the Interest of Gay, etc., Petition No. 94-8481 (Fla. 6th Cir. Ct. Juv. Div. December
30, 1994) (pr)
jacksonville Television, Inc. v. Shorstein, 608 So. 2d 592 (Fla. I st DCA 1992) (pr)
james v. Loxahatchee Groves Water Control District, 820 So. 2d 988 (Fla. 4th DCA
2002) (pr)
jennings v. Dade County, 589 So. 2d 1337 (Fla. 3d DCA 1991), review denied, 598 So.
2d 75 (Fla. 1992) (s)
jennings v. State, 626 So. 2d 1324 (Fla. 1993) (pr)
II. v. Department of Children and Families, 922 So. 2d 405 (Fla. 4th DCA 2(06) (s)
373
GOVERNMENT- IN-THE-sUNsHINE-MANUAL
Johnson v. Butterworth, 7 I3 So. 2d 985 (Fla. 1998) (pr)
Johnson v. Deluz, 875 So. 2d 1 (Fla. 4th DCA 2004) (pr)
Johnson v. State, 769 So. 2d 990 (l'la. 2(00) (pr)
Jones v. Goodyear Tire & Rubber Company, 871 So. 2d 899 (l'la. 3d DC\ 2(03), review
denied, 886 So. 2d 227 (Fla. 20(4) (pr)
Jones v. Heyman, 888 F.2d 1328 (11 th Cir. 1989) (s)
Jordan v. Jenne, 938 So. 2d 526 (Fla. 4th DCA 2(06) (s)
Jordan v. School Board ofBroward County, 531 So. 2d 976 (Fla. 4th DCA 1988) (pr)
Kanner v. Frumkes, 353 So. 2d 196 (Fla. 3d DC\ 1977) (s) (pr)
Kever v. Gilliam, 886 So. 2d 263 (I'la. 1st DCA 2(04) (pr)
Kight v. Dugger, 574 So. 2d 1066 (Fla. 1990) (pr)
Killearn Properties, Inc. v. City of Tallahassee 366 So. 2d 172 (Fla. 1st DC\ 1979), cert.
denied, 378 So. 2d 343 (Fla. 1979) (s)
King v. State, 840 So. 2d 1047 (Fla. 2003) (pr)
Knight Ridder, Inc. v. Dade Aviation Consultants, 808 So. 2d 1268 (Fla. 3d DCA 2002) (pr)
Knight-Ridder, Inc. v. Staffird, No. 01-937 (Fla. 4th Cir. Ct. February 27, 20(1) (pr)
Knox v. District School Board of Brevard, 821 So. 2d 311 (Fla. 5th DCA 2(02) (s)
Kovaleski v. State, 854 So. 2d 282 (Fla. 4th DCA 2003), cause dismissed, 860 So. 2d 978
(Fla. 2003) (pr)
Krause v. Reno, 366 So. 2d 1244 (Fla. 3d DC\ 1979) (s)
Krischer v. D'Amato, 674 So. 2d 909 (Fla. 4th DCA 1996) (pr)
Kyser v. State, 647 So. 2d 183 (Fla. I st DCA 1994) (pr)
L.R. v. Department of State, Division of Archives, History and Records Management, 488
So. 2d 122 (Fla. 3d DC\ 1986) (pr)
Lakeland Ledger Publishing Corporation v. School Board of Polk County, No. GC-(;-91-
3803 (Fla. 10th Cir. Ct. November 21,1991) (pr)
Lang v. Reedy Creek Improvement District, No. CJ-5546 (Fla. 9th Cir. Ct. October 2,
374
GOVERNMENT- IN- THE-SUNSHINE - MAN UAL
1995), affirmed per curiam, 675 So. 2d 947 (Fla. 5th DCA 1996) (pr)
Langlois v. City of Deerfield Beach, Florida, 370 E Supp. 2d 1233 (S.D. Fla. 2005) (pr)
Law and InfOrmation Services, Inc. v. City of Riviera Beach, 670 So. 2d 1014 (Fla. 4th
DCA 1996) (s)
Layton v. Florida Department of Highway Safety and Motor Vehicles, 676 So. 2d 1038
(Fla. 1 st DCA 1996) (pr)
Leach-We!!s v. City of Braden ton, 734 So. 2d 1168 (Fla. 2d DCA 1999) (s)
Lee County v. Pierpont, 693 So. 2d 994 (Fla. 2d DCA 1997), affirmed, 710 So. 2d 958
(Fla. 1998) (s)
Lee County v. State Farm Mutual Automobile Insurance Company, 634 So. 2d 250 (Fla.
2d Del, 1994) (pr)
Lewis v. Schreiber, No. 92-8005(03) (Fla. 17th Cir. CtJune 12, 1992), per curiam
affirmed, 61 I So. 2d 531 (Fla. 4th DCA 1993) (pr)
Lewis v. State, 958 So. 2d 1027 (Fla. 5th DC\ 20(7) (pr)
LiftcareInternational, Inc. v. Barad, 573 So. 2d 1044 (Fla. 3d DCA 1991) (pr)
Lightbourne v. McCo!!um, 969 So. 2d 326 (Fla. 2007)(pr)
Locke v. Hawkes, 595 So. 2d 32 (Fla. 1992) (pr)
Lopez v. Singletary, 634 So. 2d 1054 (Fla. 1993) (pr)
Lopez v. State, 696 So. 2d 725 (Fla. 1997) (pr)
Lorei v. Smith, 464 So. 2d 1330 (Fla. 2d DCA 1985), review denied, 475 So. 2d 695
(Fla. 1985) (pr)
Los Angeles Police Department v. United Reporting Publishing Corporation, 120 S.Ct. 483
(1999) (pr)
Lozman v. City of Riviera Beach, 995 So. 2d 1027 (Fla. 4th DCA 2008) (pr)
Lyon v. Lake County, 765 So. 2d 785 (Fla. 5th DC\ 2000) (s)
Mae Volen Senion Center, Inc. v. Area Agency on Aging, 978 So. 2d 191 (Fla. 4th DC\
2(08), review denied, 1 So. 3d 172 (Fla. 2(09) (pr) (s)
Malone v. City ofSate!!ite Beach, No 94-10557-CA-D (Fla. 18th Gr. Ct. December 15,
1995), per curiam affirmed, 687 So. 2d 252 (Fla. 5th DCA 1997) (pr)
375
""--.,.,.-...--
~,.__._"--~-,-".~-
GOVERNMENT -IN- THE -SUNSHINE-MANUAL
Maraia v. State, 685 So. 2d 851 (Fla. 2d DCj\ 1995) (pr)
Marston v. Gainesville Sun Publishing Company, Inc., 341 So. 2d 783 (Fla. 1 st DCA
1976), cert. denied, 352 So. 2d 171 (Fla. 1977) (s)
Mathis v. State, 722 So. 2d 235 (Fla. 2d DCA 1998) (pr)
Maxwell v. Pine Gas Corporation, 195 So. 2d 602 (Fla. 4th DC\ 1967) (pr)
Mayer v. State, 523 So. 2d 1171 (Fla. 2d DCA), review dismissed, 529 So. 2d 694 (Fla.
1988) (s)
Mazer v. Orange County, 811 So. 2d 857 (Fla. 5th DCA 2002) (pr)
McCoy Restaurants, Inc. v. City of Orlando, 392 So. 2d 252 (Fla. 1980) (s)
McDougall v. Culver, 3 So. 3d 291 (Iila. 2d DCA 2(09) (s)
Media General Convergence, Inc. v. Chief Judge of the Thirteenth Judicial Circuit, 840
So. 2d 1008 (Fla. 2003) (pr)
Media General Operation, Inc. v. Feeney, 849 So. 2d 3 (Fla. 1 st DCA 2003) (pr)
Media General Operations, inc. v. State, 933 So. 2d 1199 (Fla. 2d DCA 2(06) (pr)
Media General Operations, Inc. v. State, 12 So. 3d 239 (Fla. 2d DC\ 20(9) (pr)
Memorial Hospital- west Volusia, Inc. v. News-Journal Corporation, 729 So. 2d 373 (Fla.
1999) (s), (pr)
Memorial Hospital- west Valusia, Inc. v. News-Journal Corporation, 784 So. 2d 438 (Fla.
20(1) (pr)
Memorial Hospital- west Valusia, inc. v. News-Journal Corporation, 927 So. 2d 961 (Fla.
5th DCA 2006) (s) (pr)
Metropolitan Dade County v. San Pedro, 632 So. 2d 196 (Fla. 3d DCA 1994) (pr)
MHM Correctional Services, inc. v. State, Department of Corrections, Case No. 2009 C\
2105 (Fla. 2dJud. Cir. June 10,2(09) (pr)
Miami-Dade County v. Proftssional Law Enftrcement Association, 997 So. 2d 1289 (Fla.
3d DCA 2009) (pr)
Miami Herald Media Co. v. Sarnoff, 971 So. 2d 915 (Fla. 3d DCA 2007) (pr)
Miami Herald Publishing Company v. Gridley, 510 So. 2d 884 (Fla. 1987), cm. denied,
108 S.Ct.1224 (1988) (s) (pr)
376
GOVERNMENT- IN-THE -SUNSHINE-MANUAL
Miami Herald Publishing Company v. Lewis, 426 So. 2d 1 (Fla. 1982) (s) (pr)
Michel v. Douglas, 464 So. 2d 545 (Fla. 1985) (pr)
Microdecisions, Inc. v. Skinner, 889 So. 2d 871 (Fla. 2d DCA 2004), review denied, 902
So. 2d 791 (Fla. 2005), cert. denied, 126 S.Ct. 746 (2005) (pr)
Mills v. Doyle, 407 So. 2d 348 (Fla. 4th DCA 1981) (pr)
Mills v. State, 684 So. 2d 801 (Fla. 1996) (pr)
Minasian v. State, 967 So. 2d 454 (Fla. 4th Del, 2007)(pr)
Mintus v. City of West Palm Beach, 711 So. 2d 1359 CFla 4th DC\ 1998) (pr)
Mitchell v. School Board of Leon County, 335 So. 2d 354 (Fla. 1st DC\ 1976) (s)
Molina v. City of Miami, 837 So. 2d 462 (Fla. 3d DCA 2(02) (s)
Mobile Press Register, Inc. v. Witt, 24 Med. L. Rptr. 2336, No. 95-06324 CACE (13)
(Fla. 17th Cir. Ct. May 21,2(06) (pr)
Monroe County v. Pigeon Key Historical Park, Inc., 647 So. 2d 857 (Fla. 3d DCA 1994)
(s)
Morgan v. State ex reI. Shevin, 383 So. 2d 744 (Fla. 4th DC \ 1980) (pr)
Morris Communications Company, LLC v. State, 844 So. 2d 671 (Fla. 1 st DCA 2003)
(pr)
Morris Publishing Group, LLC v. State, 13 So.3d 120 (Fla. 1 st DC\ 20(9) (Fla. 1 st
DC\ 2009) (pr)
Morris Publishing Group, LLC v. Ihomason, No. 16-2005-C\-7052-XXXX-i'vL\ (Fla.
4th Cir Ct. October 14, 2005) (pr)
Morris v. Whitehead, 588 So. 2d 1023 (Fla. 2d DCA 1991) (pr)
Multimedia Holdings Corporation Inc. v CRSPE, Inc., No. 03-CA-3474-G (Fla. 20th
Cir. Ct. December 3, 2003) (pr)
National Collegiate Athletic Association v. 7he Associated Press, Case No. ID09-4385
(Fla. 1 st DCA October 1, 2009) (pr)
Natural Parents oflB. v. Florida Department of Children and Family Services, 780 So.
2d 6 (Fla. 2(01) (s)
Neu v. Miami Herald Publishing Company, 462 So. 2d 821 (Fla. 1985) (s)
377
GOVERNMENT-IN-THE -sUNsHINE- MANUAL
Neumann v. Palm Beach County Police Benevolent Association, 763 So. 2d 1181 (Fla. 4th
DC\ 20(0) (pr)
New Times, Inc. v. Ross, No. 92-5795 CIV 25 (Fla. 11 th Cir. Ct. ""larch 17, 1992) (pr)
New York Times Company v. PHH Mental Health Services, Inc., 616 So. 2d 27 (Fla.
1993) (s), (pr)
New York Times Company v. Florida Department o/juvenile justice, No. 03-46-C\ (Fla.
2d Cir. Ct. March 20, 20(3) (pr)
News-journal Corporation v. Memorial Hospital- \.Vest Volusia, lnc., 695 So. 2d 418 (Fla.
5th DCA 1997), approved, 729 So. 2d 373 (Fla. 1999) (s) (pr)
News-Press Publishing Company, Inc. v. Carlson, 410 So. 2d 546 (Fla. 2d DCA 1982) (s)
News-Press Publishing Company v. D'Alessandro, No. 96-2743-C-\-RWP (Fla. 20th Gr.
Ct. April 24, 1996) (pr)
News-Press Publishing Company, Inc. v. Gadd, 432 So. 2d 689 (Fla. 2d DCA 1983) (pr)
News-Press Publishing Company, Inc. v. Kaune, 511 So. 2d 1023 (Fla. 2d DCA 1987) (pr)
News-Press Publishing Company, Inc. v. Lee County, Florida, 570 So. 2d 1125 (Fla. 2d
DCA 1990) (s)
News-Press Publishing Company, Inc. v. McDougaf!, No. 92-1193CA- WCM (Fla. 20th
Gr. Ct. February 26, 1992) (pr)
News-Press Publishing Company, Inc. v. McDougaf!, No. 94-4664-CA-JRT (Fla. 20th
Gr. Ct. July 21, 1994) (pr)
News-Press Publishing Company, Inc. v. Sapp, 464 So. 2d 1335 (Fla. 2d DC\ 1985) (pr)
News-Press Publishing Company, Inc. v. Wisher, 345 So. 2d 646 (Fla. 1977) (pr), (s)
News and Sun-Sentinel Company v. Cox, 702 F Supp. 891 (S.D. Fla. 1988) (s)
News and Sun-Sentinel Company v. Palm Beach County, 517 So. 2d 743 (Fla. 4th DCA
1987) (pr)
News and Sun-Sentinel Company v. Schwab, Twitty & Hanser Architectural Group, Inc.,
596 So. 2d 1029 (Fla. 1992) (8) (pr)
Nicolai v. Baldwin, 715 So. 2d 1161 (Fla. 5th DCA 1998) (pr)
Nocera v. School Board o/Lee County, Florida, No. 91-1828 CA-WCM (Fla. 20th Cir.
Ct. November 25, 1991) (s)
378
GOVERNMENT- IN- THE-sUNsHINE-MANUAL
Nolan v. Integrated Real Estate Processing, LP, No. 3:08-cv-642-j-34HTS, 2009 WL
635799 (M.D. Fla. March 11, 20(9) (pr)
NYT Management Services, Inc. v. Florida Department of Revenue, Case No. 2006-Ci\-
0896 (Fla. 2d Cir. Ct. i\pril 25, 2006) (pr)
Ocala Star Banner Corp. v. McGhee, 643 So. 2d 1196 (Fla. 5th DCA 1994) (pr)
Ocala Star-Banner v. State, 697 So. 2d 1317 (Fla. 5th DCA 1997) (pr)
Occidental Chemical Company v. Mayo, 351 So. 2d 336 (Fla. 1977) (s)
Office of the State Attorney ftr the Ihirteenth Judicial Circuit of Florida v. Gonzalez, 953
So. 2d 759 (Fla. 2d DCA 2007) (pr)
Orange County v. Florida Land Company, 450 So. 2d 341 (lila. 5th DC\ 1984), review
denied, 458 So. 2d 273 (Fla. 1984) (pr)
Osborn v. Board of Regents of University of Wisconsin System, 647 NW 2d 158, 168n.ll
(Wis. 2002) (pr)
Palm Beach Community College Foundation, Inc. v. WFTv, 611 So. 2d 588 (Fla. 4th
DC\ 1993) (pr)
Palm Beach County Classroom Teacher's Association v. School Board of Palm Beach
County, 411 So. 2d 1375 (Fla. 4th DCA 1982) (s)
Palm Beach County Police Benet'olent Association v. Neumann, 796 So. 2d 1278 (Fla. 4th
DCA 2001) (pr)
Palm Beach Daily News v. Terliuese, No. CL-91-3954-AF (Fla. 15th Cir. Ct. AprilS,
1991) (pr)
Palm Beach Newspapers, Inc. v. Burk, 504 So. 2d 378 (Fla. 1987), cert. denied, 108 S.Ct.
346 (1987) (s) (pr)
Parole Commission v. Lockett, 620 So. 2d 153 (Fla. 1993) (pr)
Parsons &- Whittemore, Inc. v. Metropolitan Dade County, 429 So. 2d 343 (Fla. 3d DC\
1983) (pr)
Patton v. State, 784 So. 2d 380 (Fla. 2000) (pr)
Pinellas County School Board v. Suncam, Inc., 829 So. 2d 989 (Fla. 2d DCA 2002) (s)
Potts v. State, 869 So. 2d 1223 (Fla. 2d DCA 2004) (pr)
Potts v. State, 869 So. 2d 1223 (Fla. 2d C\ 2004) (pr)
379
GOVERNMENT- IN-THE -sUNsHINE- MANUAL
Port Everglades Authority v. International Longshoremens Association, Local 1922-1, 652
So. 2d 1169 (Fla. 4th DC\ 1995) (s)
Post-Newsweek Stations, Florida Inc. v. Doe, 612 So. 2d 549 (Fla. 1992) (pr)
Post-Newsweek Stations, Florida Inc. v. State, 510 So. 2d 896 (Fla. 1987) (s)
Prison Health Services, Inc. v. Lakeland Ledger Publishing Company, 718 So. 2d 204
(I'la. 2d DCA 1998), review denied, 727 So. 2d 909 (Fla. 1999) (pr)
Pritchett v. State, 566 So. 2d 6 (Fla. 2d DCJ\), review dismissed, 570 So. 2d 1306 (Fla.
1990) (s)
PuIs v. City o/Port St. Lucie, 678 So. 2d 514 (Fla. 4th DCA 1996) (pr)
Putnam County Humane Society v. Woodward, 740 So. 2d 1238 (Fla. 5th DCA 1999)
(pr)
Quad-City Community News Service, Inc. v. jebens, 334 F Supp 8 (S.D. Iowa 1971) (s)
Rackleff v. Bishop, No. 89-235 (I'la. 2d Cir. Ct. March 5, 1990) (s)
Radfird v. Brock, 914 So. 2d 1066 (Fla. 2d DC1\ 2(05) (pr)
Ragsdale v. State, 720 So. 2d 203 (Fla. 1998) (pr)
Ragusa v. Malvern Union Free School District, 54'} I': Supp. 2d 288 (ED. N.Y 20(8) (pr)
Rameses, Inc. v. Metropolitan Bureau o/Investigation, 954 So. 2d 703 (lila. 5th DC\
2007) (pr)
Rantel v. City 0/ Fort Lauderdale, No. 88-6676-ClV-Rocttger (S.D. Fla. November 30,
1990) (pr)
Rea v. Sansbury, 504 So. 2d 1315 (Fla. 4th DCA), review denied, 5 I 3 So. 2d 1063 (Fla.
1987) (pr)
Rechler v. Town 0/ Manalapan, No. CL 94-2724 AD (Fla. 15th Cir. Ct. November 21,
1994), affirmed, 674 So. 2d 789 (4th DCA), review denied, 684 So. 2d 1353 (Fla. 1996)
(pr)
Rhea v. City o/Gainesville, 574 So. 2d 221 (Fla. 1st DCA 1991) (s)
Rhea v. Schoo! Board of Alachua County, 636 So. 2d 1383 (Fla. 1 st DCA 1994) (s)
Roberts v. Butterworth, 668 So. 2d 580 (Fla. 1996) (pr)
Roberts v. News-Press Publishing Company, Inc., 409 So. 2dl 089 (Fla. 2d DC\), review
denied, 418 So. 2d 1280 (Fla. 1982) (pr)
380
GOVERNMENT - IN- THE-SUNsHINE- MANUAL
Roberts v. Singletary, No. 96-603 (Fla. 2d Cir. Ct. July 28, 1997) (pr)
Roesch v. State, 633 So. 2d 1 (Fla. 1993) (pr)
Rogers v. Hood, 906 So. 2d 1220 (Fla. 1 st DCA 2005), review denied, 919 So. 2d 436
(PIa. 2005) (pr)
Roscow v. Abreu, No. 03-C\-1833 (Fla. 2d Cir. Ct. August 6, 2004) (s)
Rose v. D'Alessandro, 380 So. 2d 419 (Fla. 1980) (pr)
Rowe v. City of Cocoa, Florida, 358 F3d 800 (1 I th Cir. 20(4) (s)
Rowe v. Pinelfas Sports Authority, 461 So. 2d 72 (Fla. 1984) (s)
Ruffv. School Board ofCoffier County, 426 So. 2d 1015 (Fla. 2d DCA 1983) (s)
Salcines v. Tampa 7efevision, 454 So. 2d 639 (Ha. 2d Del, 1984) (pr)
Salvador v. Fennelly, 593 So. 2d 1091 (Fla. 4th DC\ 1992) (pr)
Salvadore v. City of Stuart, No. 91-812 CA (Fla. 19th Cir. Ct. December 17,1991) (pr)
Sarasota Herald-Tribune Company v. Community Health Corporation, Inc., 582 So. 2d
730 (Fla. 2d DCA 1991) (pr)
Sarasota Herald-Tribune v. Florida Department of Children and Families, No. 2001-CA-
002445 (Fla. 2d Cir. Ct. April 8, 2002) (pr)
Sarasota Herald-Tribune Co. v. Sarasota County Sheriffs Office, No. 96-1026-Ci\-01
(Fla. 12th Cir. Ct. March 13, 1996) (pr)
Sarasota Herald-Tribune Company, Inc. v. Schaub, No. Cr\87-2949 (Fla. 12th Cir. Ct.
July 20, 1988), affirmed per curiam, 539 So. 2d 478 (Fla. 2d DCA 1989) (pr)
Sarasota Herald- Tribune v. State, 916 So. 2d 904 (Fla. 2d DCA 2(05) (pr)
Sarasota Herald- Tribune v. State, 924 So. 2d 8 (Fla. 2d DCA 2(05), review denied, 918
So. 2d 293 (Fla. 2005), pet. for cert. dismissed, 126 S. Ct. 1139 (2006) (pr)
Satz v. Blankenship, 407 So. 2d 396 (Fla. 4th DCA 1981), review denied, 413 So. 2d 877
(Fla. 1982) (pr)
Satz v. Gore Newspapers Company, 395 So. 2d 1274 (Fla. 4th DCA 1981) (pr)
School Board of Alachua County v. Rhea, 661 So. 2d 331 (Fla. 1 st DCA 1995), review
denied, 670 So. 2d 939 (Fla. 1996) (s)
School Board of Duval County v. Florida Publishing Company, 670 So. 2d 99 (Fla. 1 st
381
GOVERNMENT-IN-THE -SUNSHINE-MANUAL
DC\ 1996) (s)
Schwartzman v. Merritt Island Volunteer Fire Department, 352 So. 2d 1230 (Fla. 4th
DCA 1977), cert. denied, 358 So. 2d 132 (Fla. 1978) (pr)
SCI Funeral Services of Florida, Inc. v. Light, 811 So. 2d 796 (Fla 4th Del, 2(02) (s)
Scott v. Butterworth, 734 So. 2d 391 (Fla. 1999) (pr)
Seigle v. Barry, 422 So. 2d 63 (Fla. 4th DCA 1982), review denied, 431 So. 2d 988 (Fla.
1983) (pr)
Seminole County, Florida v. WOod, 512 So. 2d 1000 (Fla. 5th DC\ 1987), review denied,
520 So. 2d 586 (Fla. 1988) (pr)
Sentinel Communications Company v. School Board of Osceola County, No. CI92-0045
(Fla. 9th Cir. Ct. April 3, 1992), Order ModifYing Final Injunction (J'vlay 13, 1992) (s)
Sentinel Communications, Inc. v. Anderson, No. 01-48 C\-SW (Fla. 20th Cir. Ct.
January 19,2001) (pr)
Sepro Corporation v. Department of Environmental Protection, 839 So. 2d 781 (Fla. 1 st
DCA. 2003), review denied sub nom., Crist v. Department of Environmental Protection,
911 So. 2d 792 (Fla. 2(05) (pr)
Seta Corporation of Boca, Inc. v. Office of the Attorney General, 756 So. 2d 1093 (Fla. 4th
IXj\ 2(00) (pr)
Shea v. Cochran, 680 So. 2d 628 (Fla. 4th DCA 1996) (pr)
Shevin v. Byron, Harless, Schaffir, Reid and Associates, Inc., 379 So. 2d 633 (Fla. 1980)
(pr)
Silver Express Company v. District Board of Lower Tribunal Trustees, 691 So. 2d 1099
(Fla. 3d DCA 1997) (s)
Sipkema v. Reedy Creek Improvement District, No. CI96-114 (Fla. 9th Cir. C t. May 29,
1996), per curiam affirmed, 697 So. 2d 880 (Fla. 5th DCA 1997), review dismissed, 699
So. 2d 1375 (Fla. 1997) (pr)
Sireci v. State, 587 So. 2d 450 (Fla. 1991), cert. denied, 112 S.Ct. 1500 (1992) (s)
Skeen v. D'Alessandro, 681 So. 2d 712 (Fla. 2d DC\ 1995) (pr)
Smith v. State, 696 So. 2d 814 (Fla. 2d DC\ 1997) (pr)
Smith & Williams, PA. v. \Vest Coast Regional water Authority, 640 So. 2d 216 (Fla. 2d
DCA 1994) (pr)
382
GOVERNMENT- IN- THE-sUNsHINE- MANUAL
Smithwick v. Television 12 o/jacksonville, Inc., no So. 2d 795 (Fla. 1st DCA 1999) (pr)
Southern Bell Telephone &- Telegraph Company v. Beard, 597 So. 2d 873 (Fla. 1st DCA
1992) (pr)
Southern Coatings, Inc. v. City o/Tamarac, 916 So. 2d 19 (Fla. 4th Del, 2005) (pr)
Southwestern Newspapers Corporation v. Curtis, 584 S.W2d 362 (Texas App. 1979) (s)
Spillis Candela &- Partners, Inc. v. Centrust Savings Bank, 535 So. 2d 694 (Fla. 3d DCA
1988) (s)
Stanfield v. Florida Department o/Children and Families, 698 So. 2d 321 (Fla. 3d DCA
1997) (s)
Stanfield v. Salvation Army, 695 So. 2d SOl (i'la. 5th Del, 1997) (s), (pr)
State v. Adams, No. 91-175-CC (Fla. Sumter Co. Ct. July 15, 1992) (s)
State v. Allen, 14 EL.W Supp. 172a (Fla. 7th Cir. Ct. November 2, 2006) (pr)
State v. American Tobacco Company, No. CL 95-1466-AH (Fla. 15th Cir. Ct. July 28,
1997) (pr)
State v. Bartholomew, No. 08-5656CFIOA (Fla. 17th Cir. Ct. August 7, 2(09) (pr)
State v. Bee Line Entertainment Partners Ltd., No. CIO 00-5358 (Fla. 9th Cir. Ct.
October 25, 20(0) (pr)
State v. Buenoano, 707 So. 2d 714 (Fla. 1998) (pr)
State v. Childers, No. 02-21939-MMC; 02-21940-MMB 0~scambia Co. Ct. June 5,
2(03), per curiam affirmed, 886 So.2d 229 (Fla. 1st DCA 2(04) (s)
State v. City 0/ Clearwater, 863 So. 2d 149 (Fla. 2003) (pr)
State v. Coca-Cola Bottling Co. 0/ Miami, Inc., 582 So. 2d 1 (Fla. 4th DC/I, 1990) (pr)
State v. Colby, No. MM96-317J\-XX (Fla. Highlands Co. Ct. May 23,1996) (pr)
State v. Foster, 12 FL.W Supp. 1194a (Fla. Broward Co. Ct. September 26, 2(05) (s)
State v. Foster, 13 FL.W Supp. 385a (Fla. 17th Cir. Ct. January 25, 2(06) (s)
State v. Globe Communications Corporation, 648 So. 2d 110 (Fla. 1994) (pr)
State v. Gudinas, No. CR 94-7132 (Fla. 9th Cir. Ct. June 1, !999)(pr)
State v. johnson, 814 So. 2d 390 0-'1'1. 2002) (pr)
383
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
State v. Knight, 661 So. 2d 344 (Fla. 4th DCA 1995) (pr)
State v. Kokal, 562 So. 2d 324 (Fla. 1990) (pr)
State v. Natson, 661 So. 2d 926 (Fla. 4th DCA 1995) (pr)
State v. Spalding, 13 FL.W Supp. 627 (Fla. 15th Cir. Ct. February 28, 20(6) (pr)
State v. Webb, 786 So. 2d 602 (Fla. 1st DCA 2001) (pr)
State v. Wright, 803 So. 2d 793 (Fla. 4th DCA 2001), review denied, 823 So. 2d 125
(Fla. 2(02) (pr)
State, Department of Health and Rehabilitative Services v. Southpointe Pharmacy, 636
So. 2d 1377 (Fla. 1 st DC\ 1994) (pr)
State, Department of Highway Safety and Motor Vehicles v. Krejci Company, Inc., 570 So.
2d 1322 (Fla. 2d DCA 1990), review denied, 576 So. 2d 286 (Fla. 1991) (pr)
State, Department of Highway Safety and Motor Vehicles v. Kropf!, 445 So. 2d 1068 (Fla.
3d DCA 1984) (pr)
State, Department of Management Services v. Lewis, 653 So. 2d 467 (Fla. 1st DC\ 1995) (s)
State ex rei. Christian v. Rudd, 302 So. 2d 821 (Fla. 1 st DC\ 1974) (s)
State ex reI. Clayton v. Board of Regents, 635 So. 2d 937 (Fla. 1994) (pr)
State ex re!. Cummer v. Pace, 159 So. 679 (Fla. 1935) (pr)
State ex rei. Davidson v. Couch, 156 So. 297 (Fla. 1934) (pr)
State ex rei. Davidson v. Couch, 158 So. 103 (Fla. 1934) (pr)
State ex reI. Davis v. McMillan, 38 So. 666 (Fla. 19(5) (pr)
State ex reI. Miami Herald Publishing Company v. McIntosh, 340 So. 2d 904 (Fla. 1977)
(s) (pr)
State ex rei. Veale v. City of Boca Raton, 353 So. 2d 1194 (Fla. 4th DCA 1977), cert.
denied, 360 So. 2d 1247 (Fla. 1978) (pr)
Staton v. McMillan, 597 So. 2d 940 (Fla. 1 st DCA 1992), review dismissed sub nom.,
Staton v.Austin, 605 So. 2d 1266 (Fla. 1992) (pr)
Sullivan v. City of New Port Richey, No. 86-1129 CA (Fla. 6th Gr. Ct. May 22,1987),
affirmed, 529 So. 2d 1124 (Fla. 2d DC\ 1988) (pr)
384
GOVERNMENT- IN- THE-sUNsHINE- MANUAL
Suncam, Inc. v. Worrall, No. CI97-3385 (Fla. 9th Cir. Ct. May 9,1997) (s)
Sun-Sentinel Company v. City of Hallandale, No. 95-13528(05) (Fla. 17th Cir. Ct.
October 11, 1995) (pr)
Sun-Sentinel, Inc. v. Florida Department of Children and Families, 815 So. 2d 793 (Fla.
3d DCA 2002) (pr)
Tal-Mason v. Satz, 614 So. 2d 1134 (Fla. 4th DCA), review denied, 624 So. 2d 269 (Fla.
1993) (pr)
Tallahassee Democrat, Inc. v. Florida Board of Regents, 314 So. 2d 164 (Fla. 1 st Del,
1975) (pr)
Tampa Television, Inc. v. Dugger, 559 So. 2d 397 (Fla. 1 st DCA 1990) (pr)
Tampa Television v. School Board of Hil/sborough County, 659 So. 2d 331 (Fla. 2d DCi\
1995) (pr)
Tedesco v. State, 807 So. 2d 804 (Fla. 4th DC\ 20(2) (pr)
The Florida Bar Re: Rules of Appellate Procedure, 463 So. 2d 1114 (Fla. 1984) (pr)
The Florida Bar, In re Advisory Opinion Concerning the Applicability of Ch. 119, F s.,
398 So. 2d 446 (Fla. 1981) (pr)
The Justice Coalition v. The First District Court of Appeal Judicial Nominating
Commission, 823 So. 2d 185 (Fla. 1 st DCA 2002) (pr)
Times Publishing Co. v. Acton, No. 99-8304 (Fla. 13th Cir. Ct. November 5,1999) (pr)
Times Publishing Co. v. Ake, 660 So. 2d 255 (Fla. 1995) (pr)
Times Publishing Co. v. AI, 626 So. 2d 1314 (Fla. 1993) (pr)
Times Publishing Co. v. City of St. Petersburg, 558 So. 2d 487 (Fla. 2d DCA 1990) (pr)
Times Publishing Co. v. Corrections Corporation of America, No. 91-429 CA 01 (5th Cir.
Ct. December 4,1991), per curiam affirmed, 611 So. 2d 532 (Fla. 5th DCA 1993) (pr)
Times Publishing Co. v. Patterson, 451 So. 2d 888 (Fla. 2d DCA 1984) (pr)
Times Publishing Co. v. State, 827 So. 2d 1040 (Fla. 2d DCA 2002) (pr)
Times Publishing Co. v. Tampa General Hospital, No. 93-03362 (Fla. 13th Gr. Ct. May
27, 1993) (pr)
7lmes Publishing Co. v. State, 903 So. 2d 322 (Fla. 2d DC\ 2(05) (pr)
385
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
Times Publishing Co. v. Williams, 222 So. 2d 470 (Fla. 2d DCA 1969) (s)
Timoney v. City of Miami Civilian Investigative Panel, 917 So. 2d 885 (Fla. 3d DCA
2005) (pr)
Tober v. Sanchez, 417 So. 2d 1053 (Fla. 3d DC;\ 1982), review denied sub nom.,
Metropolitan Dade County Transit Agency v. Sanchez, 426 So. 2d 27 (Fla. 1983) (pr)
Tolar v. School Board of Liberty County, 398 So. 2d 427 (Fla. 1981) (s)
Town of Manalapan v. Rechler, 674 So. 2d 789 (Fla. 4th DCA 1996), review denied, 684
So. 2d 1353 (Fla. 1996) (pr)
Town of Palm Beach v. Gradison, 296 So. 2d 473 (Fla. 1974) (s) (pr)
Trepal v. State, 704 So. 2d 498 (Fla. 1997) (pr)
Tribune Company v. Cannella, 438 So. 2d 516 (Fla. 2d DCA 1983), reversed on other
grounds, 458 So. 2d 1075 (I'la. 1984), appeal dismissed sub nom., DePerte v. Tribune
Company, 105 S.Ct. 2315 (1985) (pr)
Tribune Company v. D.M.L., 566 So. 2d 1333 (Fla. 2d DC;\ 1990), review denied, 577
So. 2d 1330 (Fla. 1991) (s)
Tribune Company v. Florida Residential Property & Casualty Joint Underwriting
Association, No. 95-4954 (Fla. 2d Cir. Ct. February 7,1996) Cpr)
Tribune Company v. Hardee Memorial Hospital, No. Ci\-91-370 (Fla. 10th Cir. Ct.
August 19, 1991) (pr)
Tribune Company v. Public Records, 493 So. 2d 480 (Fla. 2d DCA 1986), pet. for rev.
denied sub nom., Gillum v. Tribune Company, 503 So. 2d 327 (Fla. 1987) (pr)
Tribune Company v. School Board of Hillsborough County, 367 So. 2d (,27 (Fla. 1979) (s)
TSI Southeast, Inc. v. Royals, 588 So. 2d 309 (Fla. 1st DCA 1991) (s)
T T v. State, 689 So. 2d 1209 (Fla. 3d DCA 1997) (pr)
Turner v. Wainwright, 379 So. 2d 148 (Fla. 1 st DCA 1980), affirmed and remanded, 389
So. 2d 1181 (Fla. 1980) (s) (pr)
Unincorporated Operating Division of Indiana Newspapers, Inc., v. Trustees of Indiana
University, 787 N.E.2d 893 (Ind. i\pp. 2003) (pr)
United States v. Miami University, 294 F.3d 797, 824 (6th Cir. 2002) (pr)
United Teachers of Dade v. Dade County School Board, No. 92-17803 (01) (Fla. 11 th Cir.
Ct. November 30, 1992) (pr)
386
GOVERNMENT-IN- THE-sUNsHINE-MANUAL
Valle v. State, 705 So 2d 1331 (Fla. 1997) cpr)
Vaughn v. Rosen, 484 F2d 820 (D.c:. Cir. 1973), cert. denied, 94 S.Ct. 1564 (1974) cpr)
Villarreal v. State, 687 So. 2d 256 (Fla. 1st DCA 1996), review denied, 694 So. 2d 741
(Fla. 1997), cert. denied, 118 S.Ct. 316 (1997) (pr)
Wagner v. Orange County, 960 So. 2d 785 (Fla. 5th De:.I, 2007) (pr)
wait v. Florida Power & Light Company, 372 So. 2d 420 (Fla. 1979) cpr)
wallace v. Cranbrook Education Community, No. 05-73446,2006 WL 2796135 (E.D.
Mich. September 27, 2(06) cpr)
Wallace v. Guzman, 687 So. 2d 1351 (Fla. 3d DC\ 1997) (pr)
Walton v. Dugger, 634 So. 2d 1059 (Fla. 1993) (pr)
Weekly Planet v. Hillsborough County Aviation Authority, 829 So. 2d 970 (Fla. 2d DCA
2002) (pr)
Warden v. Bennett, 340 So. 2d 977 (Fla. 2d DCA 1976) (pr)
Weeks v. Golden, 764 So. 2d 633 (Fla. 1 st DCA 2000) (pr)
Weeks v. Golden, 798 So. 2d 848 (Fla. 1 st DCA 2001) (pr)
Weeks v. Golden, 846 So. 2d 1247 (Fla. 1st DCA 2003) (pr)
Wells v. Aramark Food Service Corporation, 888 So. 2d 134 (Fla. 4th DCA 2004) (pr)
Wells v. Sarasota Herald Tribune Company, Inc., 546 So. 2d 11 05 (Fla. 2d DCi\ 1989)
(pr)
WESH Television, Inc. v. Freeman, 691 So. 2d 532 (Fla. 5th DCA 1997) cpr)
WFSH of Niceville v. City of Niceville, 422 So.2d 980 (Fla. 1 st DC\ 1982) cpr)
WFTV, Inc. v. Fallik, No. CL-92-6507-AF (Fla. 15th Cir. Ct. June 25, 1992), affirmed
per curiam, 620 So. 2d 772 (Fla. 4th DCA 1993) (pr)
WFTV, Inc. v. Martin County, 26 Med. L. Rptr. 1118, No. 97-72 CA (Fla. 19th Cir. Ct.
April 16, 1997) (s)
WFTV, Inc. v. Robbins, 625 So. 2d 941 (Fla. 4th DCA 1993) (pr)
WFTV, Inc. v. School Board of Palm Beach County, No. CL 94-8549~AD (Fla. 15th Cir.
Ct. March 29, 1995), per curiam affirmed, 675 So. 2d 945 (Fla. 4th DCA 1996) cpr)
387
GOVERNMENT - IN- THE-sUNsHINE-MANUAL
WfTV, Inc. v. School Board of Seminole County, Florida, 874 So. 2d 48 (Ha. 5th DCA
2(04), review denied, 892 So. 2d 1015 (Fla. 2004) (pr)
WFTV, Inc. v. Wilken, 675 So. 2d 674 (Fla. 4th DCA 1996) (pr)
White v. City of Fort Lauderdale, Case No. 08-60771-CIV, 2009 WL 1298353 (S.D. Fla.
May 8, 20(9) (pr)
Wille v. McDaniel, 18 Med. L. Rptr. 2144, No. CL-91-154-AE (Fla. 15th Gr. Ct.
February 18, 1991) (pr)
Williams v. City of Minneola, 575 So. 2d 683 (Fla. 5th DC\ 1991), review denied, 589
So. 2d 289 (Fla. 1991), appeal after remand, 619 So. 2d 983 (Fla. 5th DC\ 1993) (pr)
Williams v. State, 741 So. 2d 1248 (Fla. 1999) (pr)
Winter v. Playa del Sol Inc. , 353 So. 2d 598 (Fla. 4th DCA 1977) (pr)
Wisner v. City of Tampa, 601 So. 2d 296 (Fla. 2d DCA 1992) (pr)
Wolfinger v. Sentinel Communications Company, 538 So. 2d 1276 (Fla. 5th DC\ 1989)
(pr)
Wolfson v. State, 344 So. 2d 611 (Ha. 2d DC\ 1977) (s)
Wood v. Marston, 442 So. 2d 934 (Fla. 1983) (s)
Woodard v. State, 885 So. 2d 444 (Fla. 4th DC\ 2004) (pr)
Woodftulk v. State, 935 So. 2d 1225 (Fla. 5th DCA 2(06) (pr)
Woolling v. Lamar, 764 So. 2d 765 (Fla. 5th DCA 20(0), review denied, 786 So. 2d
1186 (Fla. 2001) (pr)
Wootton v. Cook, 590 So. 2d 1039 (Fla. 1st DCA 1991) (pr)
Yanke v. State, 588 So. 2d 4 (Fla. 2d DCA 1991), review denied, 595 So. 2d 559 (Fla.
1992), cert. denied, 112 S.Ct. 1592 (1992) (pr)
Yarbrough v. Young, 462 So. 2d 515 (Fla. 1 st DC\ 1985) (s)
Yeste v. Miami Herald Publishing Company, 451 So. 2d 491 (Fla. 3d DCA), review
denied, 461 So. 2d 115 (Fla. 1984) (pr)
Zorc v. City ofVero Beach, 722 So. 2d 891 (Ha 4th DCA 1998), review denied, 735 So.
2d 1284 (Fla. 1999) (s)
388
GOVERNMENT - IN- THE-SUNSHINE-MANUAL
INDEX TO EXEMPTIONS'
A
Fs. Page
ABANDONED CHILDREN
Death of a child
Exemption summaries... ...............
Names of person reporting, releasing
Exemption summaries..
Parents who leave a newborn infant, identity of
Exemption summaries ....
.39.202(2)(0) 271
.39.202(5) 271
...........383.51 299
ABSENTEE BALLOTS. See: ELECTIONS
ABUSE (Miscellaneous)
Agency for Health Care Administration
Medicaid providers
Exemption summaries..
Central abuse holline
Exemption summaries ..
Child abuse. See that subject
Correspondence held by the legislative branch
Disclosure revealing individual's identity.
Department of Children and Family Services
Information about abuse
Exemption summaries '" ........."....
ABUSE OF CHILDREN. See: CHILD ABUSE
..409.913(12) 310
...39.201(1)(b) et seq. 270
......39.202(1) et seq. 271
A3509 313
... 110431(2) 268
...402.165(8) et seq. 306
ABUSE OF VULNERABLE ADUU'S
Central abuse registry and tracking system
Exemption summaries ......
Correspondence held by the legislative branch
Disclosure revealing individual's identity .."
Medicaid providers
Exemption summaries .....
Names of persons reporting
Exemption summaries.
........415.107(1) et seq. 312
. ...11.0431(2) 268
A09.913(12) et seq. 310
......415.107(6) 312
ACCIDENTS
Accidental Release Prevention Program
Trade secret infonnation
Exemption summaries ..........
Crash reports. See that subject
Health and accident plan, physician's fee schedule
Exemption summaries
Liquified petroleum gas accidents
Exemption summaries ,..
.......252.943
284
.....110.123(5)(a)
276
.....527.062(1)
323
ACCOUNTING
Certified public accountants
Department of Revenue, entering into contracts with
Exemption summaries .........
....213.28(6)
283
*Note _ All index entries refer to Appendix D, unless othenvise noted as Appendix C, which consist of
references to exemptions. The Table of Contents is a uSl;;ful tool to locate topics outside the realm of exemptions.
389
GOVERNMENT-IN-THE-sUNsHINE- MANUAL
ADDRESSES
County tourism promotion agencies
Exemption summaries ....
Department of State
Residence address of certain licensees
Exemption summaries. ................ ........................
Domestic violence
Address of petitioner
Exemption summaries ......
Emergency services, persons requesting
Exemption summaries....
Lottery winners
Exemption summaries..
Motor vehicle registration records, persons requesting
Exemption summaries..
Public Service Commission
Exemption summaries ..........
..... 125.0104(9)(d)1.
......493.6122
........ 741.30(3)(b)
..365171(12)
24105(12)(b)
........32005(2)
427.705(6)
....121.031(5) 278
Retirees
Exemption summaries.. .
Victims
Child abuse
Exemption summaries .........
...........................9256 274
.794.024 et seq. 341
Indecent assault, etc.
Exemption summaries ".
....92.56 274
.......794.024 et seq. 341
Lewdness
Exemption summaries
. .............92.56 274
794.024 el seq. 341
Sexual battery
Exemption summaries ...........
......................92.56
............... .794.024 et seq.
278
321
336
293
269
291
312
274
341
ADMINISTRATION COMMISSION
Discussions between Department of Administration and Administration Commission
Exemption summaries...... ...110.201(4) 276
ADMINISTRATION, STATE BOARD OF
Investments
Exemption summaries ".""....
Real property transactions
Exemption summaries ""..."..
Reports of insured values
Exemption summaries ................... ..............."
Audit report. ....................... ........................
21544(8)(b)
....21544(8)(a)
............. ...........215.557
..........215.555(4)(1)
ADOPTION
Florida Adoption Act
Hearings held under
Exemption summaries.
Minors, adoption of
Exemption summaries...
283
283
283
283
...63.162(1) 274
63.022(4)Q) 273
...... 63089(8) 273
63.102(1) 273
...63.162(1) et seq. 274
........382.017(1) 298
. . . . . . . . . . . . . . . . . . . . . . . .. .
State registry of adoption
Authority to release information
Exemption summaries ............
..63165(1)
390
274
GOVERNMENT -IN- THE-sUNsHINE-MANUAL
ADVERTISING
Department of Citrus
Exemption summaries ................ .......................
International marketing or advertising research projects
Trade secrets
Exemption summaries ....... ..............
Tourism promotion agencies, county
Exemption summaries..
d601.15(7)(d) 325
'dd'dd'd.288.1224(7) 288
d..125.0104(9)(d)1. 278
ADVISORY BOARDS, COMMITTEES, ETC. See: BOARDS, COMMISSIONS,
AGENCIES, AUTHORITIES
AGED PERSONS. See: ELDERLY PERSONS
AGENCIES, AUTHORITIES. See: BOARDS, COMMISSIONS, AGENCIES, AUTHORITIES
AGENCY FOR HEALTH CARE ADMINISTRATION. See: HEALTH CARE
AGRICULTURE
Consumer fraud
Division of Consumer Services
Exemption summaries..
Department of Agriculture and Consumer Services
Exemption summaries ....
Division of Fruit and Vegetable Inspection
Exemption summaries ............ ................. .................
Florida Agriculture Center and Horse Park Authority
Exemption summaries .......... . ..,......... .
...570.544(7)
dd.500.148(3)
d.570.48(3)
325
322
325
ddd570.953
325
AGRICULTURE AND CONSUMER SERVICES, DEPARTMENT OF
Board of Professional Surveyors and Mappers
Exemptions summaries.,
................,............ .....................
. dd.472.0131(5) 320
472.0201(1) and (2) 320
..570544(7) 325
'd570903(6) 325
dd527.0201(8) 323
dd 527.062( I) 323
.487041(6) 321
dddd.487.031(5) 321
d601.76 326
'd.403.067(7)(c)5 307
dd.502.222 323
dddd 526.311 (2) 323
573123(2) 325
Exemption summaries..
Donors
Liquified petroleum gas, accidents involvingd
Pesticide registration ............. ............n"........
Product fonnula infonnation ,..n. ...nn......
Records and financial infoonation...
Trade secrets .............
AIDS (Human immunodeficiency virus)
Test results
Disclosure to persons other than defendant, etc.
Exemption summaries """............" ..."""""..........
Disclosure to unauthorized persons
Exemption summaries. "".......... ...
Exemption summaries .........
Inmate blood test results
Exemption summaries ,.....,
.... 960.003(3) 346
381.004(3)-(6) 296
....384.287(6) 299
.. 951.27(2) 346
AIRPORTS
Security plans
Exemption summaries d.
..331.22 292
ALCOHOLIC BEVERAGE LICENSES
391
GOVERNMENT- IN -THE -sUNsHINE- MANUAL
Drawing results to detennine applicants
Exemption summaries ...,.....
....561.19(2)(b) 324
ALCOHOLISM
Alcoholics, intoxicated persons
Exemption summaries ........
.... 397.50 I (7) 305
ALIEN BUSINESS ORGANIZATIONS
Department ef Legal Affairs
Testimony obtained by
Exemption summaries
...607.0505(6)
326
ALZHEIMER'S DISEASE
Alzheimer's Disease programs
Exemption summaries..
.....430.504
313
AMBULATORY SURGICAL CENTERS
Meetings of committees and governing board
Exemption summaries ...... ............. .. 395.0197( 14) 302
Prescribing contents and custody of limited access records
Exemption summaries.. . ................ .....395.3025(9) 303
ANIMALS
Communicable diseases
Exemption summaries .....
Rabies vaccination certificates
Exemption summaries .....
Racing of animals
Positive test results91
Exemption summaries.. .
Reports from veterinarians
Exemption summaries.. .
ANTITRUST INVESTIGATIONS
Exemption summaries ...
..381.0031(4) 296
...828.30(5) 341
...... 550.2415(1)(a) 324
.......381.0031(4) 296
........................... .......54228(9) 323
ANTITRUST NO-ACTION LETTER
Request for, trade secrets
Exemption summaries
..408185
308
APALACHICOLA-CHATTAHOOCHEE-FLlNT RIVER BASIN COMPACT
Mediator, exemption summaries ..
373.71 (8) 294
APPEALS
Dependency proceedings, appeals
Exemption summaries ,..........
Parental rights, hearings
Exemption summaries -,-
....39.510(4) 271
....... 39.815(4) 272
APPELLATE COURT
Dependency proceedings, appeals
Exemption summaries...
Tenninatien of parental rights
Exemption summaries.. . .
......39.510(4) 271
..39815(4) 272
APPLICATIONS
Department of Financial Services
Bail bondsman licensure application
Exemption summaries ...... .
.64834(3)
333
392
GOVERNMENT- IN- THE-SUN sHINE- MANUAL
Title insurance agents
Applications
Exemption summaries ......."....
Transportation, department of
Application and financial information required for certification
Exemption summaries. .................... .............................. 339.0805(1)(c)
.....626.842(3)
328
293
APPRAISER, PROPERTY. See: PROPERTY APPRAISER
ARRESTS
Inmates arrested for sexual offenses, blood test
Victim is a minor
Exemption summaries.
Sex offenses, inmates arrested for
Blood test results
Exemption summaries..
....951.27(2)
346
.... 951.27(2)
346
ARTS
Cultural Endowment Program Trust Fund
Exemption summaries.. ...
....265.605(2) 286
ASSESSMENTS
Criminal Justice Standards and Training Commission
Assessments administered by commission
Exemption summaries..
.....943.173(3) 345
ATTORNEYS
Attorney general
Department of Legal Affairs, testimony obtained by
Exemption summaries ......... ............,......
Consultations with legal counsel
Pending litigation
Exemption summaries ...,..... ........................... .
Judicial records
Maintaining secrecy of evidence, testimony, etc.
Exemption summaries. .............
State attorney. See that subject
..607.0505(6) 326
.286.011(8) 287
....542.28(9) 323
AUDITOR GENERAL
Disabled persons
Records of gross income produced by taxpayer claiming
Exemption summaries. ............. .. 196.IOI(4)(c)
Exchange of information among Department of Revenue, Auditor General, etc.
Exemption summaries.. ............. .195.084(1)
Information form for sale or purchase of property
Exemption summaries.. ...............
Medicaid fraud, theft
Exemption summaries ..
Returns of property, etc., in hands of Auditor
Exemption summaries ........... ......193.074
Risk-analysis information, internal policies and procedures, etc.
Exemption summaries.. .....282.318(2)(a)
Taxpayer's records
Exemption summaries"
281
281
.......195.027(6)
281
.......409.91 O( 17)(d)
309
280
238
...193.074
...195027(3)
280
281
AUDlTORIUMS
Booking business records
Exemption summaries.
.......255.047(2) 284
393
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
Audit reports compiled by Auditor General
Exemption summaries ...
Birth centers, inspection reports of
Exemption summaries... ............. ..................... ..............383.325
Complaints or information. revealing name or identity of individual
Exemption summaries ...... ........... ... ...... ................... ...... 20.055(5)(b)
Investigations by Department of Revenue, Department of Law Enforcement
Exemption summaries .............. ................. .........206.27(2)
Joint Underwriting Association
Exemption summaries
Mortgage brokerage and lending
Exemption summaries ....................
Patient's Compensation Fund
Exemption summaries.. ................. ....................
Public Records Act (Section C)
Exemption summaries... ......................
AUDITS
B
BAIL BOND REGULATORY BOARD
Exemption summaries...
BAIL BONDSMEN
Exemption summaries ....
......11.45(4)(c)
....627.351(4)(g)
..............494.0021
.. 766.105(3)(e)2.
.. ....1190713(3)
...648.46(3)
............... ..............648.26(3)
.... .........648.34(3)
..... ................648.46(3)
BALLOTS. See: ELECTIONS
FINANCIAL SERVICES, DEPARTMENT OF
All classes of records filed with Department open to public
Exemption summaries ... ....... ......
Appointment of liquidator, receiver or conservator
Exemption summaries.. ............... .. ...........
Audited statements re mortgage brokerage and lending
Exemption summaries ..... ............ ..............
Confidential information
Exemption summaries.... .................
Control of Money Laundering in Financial Institutions Act
Exemption summaries ........................... ...............
Credit union, members
Exemption summaries ............. ................
Currency transaction reports
Exemption summaries .........................
Department of Financial Services
Exemption summaries ....
Direct deposit records
Exemption summaries.. .
Funeral and Cemetery Services Act
Investigation
Exemption summaries ...................
Probable cause panel
......655.057(1 )
...655.057(2)
....494.0021
......560.4041
..........624.23
..........655.057(3)
.. ... 717.117(8)
....655.50(7)
.. ....655057(5)
... ... ..... ..... ..................17.0401
........517.12(14)
394
.. .... ...... 17.076(5)
......497.172
268
299
269
281
329
322
339
103
333
333
333
333
334
334
322
324
326
334
335
335
335
323
268
269
322
GOVERNMENT-IN - THE-sUNsHINE-MANUAL
Exemption summaries
...497.172(2)
322
Insolvency, etc.
Conduct likely to cause
Exemption summaries .............
Investigations or examinations
Exemption summaries.
.......655.033(6)
....... .............. ...................... ......517.2015
.............. ........................ .......717.1301 (5)
Loan brokers
Exemption summaries
Money Transmitters Code
Exemption summaries ...... ....................... .................
Money transmitters, investigation or examination of
Exemption summaries... .......... ..................... ....... .........................560.129
Records and infonnation obtained pursuant to investigation or examination by
Exemption summaries. ............ .............................494.00125
.................................517.2015
........687.144(6)
...560.129
Shareholders
Exemption summaries
.......655.057(6)
BANKS. See: FINANCIAL INSTITUTIONS
BARGAINING
Collective bargaining. See that subject
BATTERY
Sexual battery. See that subject
Victims. See that subject
BIDS, BIDDING
Contracts. See also that subject
Department of Environmental Protection
Pollution response action construction contracts
Exemption summaries ..................... ..................................287.0595(3) 287
Department of Lottery
Exemption summaries.. .............. .......24.105(12)(a) 269
Department of Transportation bid analysis, etc.
Exemption summaries... ............... ..............337.168 293
Public Records ACI (Section C)
Exemption summaries .... ......................... ............ ............ 119.071(1)(b) 104
BILL DRAFTS
Exemption summaries ......
......110431(2)
BIRTH CENTERS
Clinical records
Exemption summaries
........383.32(3)
.........383.325
Inspection reports
Exemption summaries
..383.325
.............383.325
BIRTH CERTIFICATES, RECORDS
Birth records considered confidential
Exemption summaries
................ ...... .....382.013(4)
. ...... ....................... .. ...... ...................382.013(5)
. . . . ............... ..................... ............382.025( I)
.................. ...... ............. ........................... ....382.025(4)
395
334
323
336
335
324
324
322
323
335
268
299
299
299
299
298
298
298
298
GOVERNMENT- IN- THE -SUNSHINE-MANUAL
Foreign births
Exemption summaries .................
Gestational surrogacy
Exemption summaries..
.. ...382.017(1)
.................. ........ .........742.16(9)
BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIArION
Exemption summaries .................... .............. ........ ........ 766.315(5)(b) 340
BLIND SERVICES, DIVISION OF
Exemption summaries,
.............413.012(1)
BLOOD AND URINE TESTS
DNA analysis results or infonnation
Exemption summaries
Inmates, blood test results
Exemption summaries ......... .....
Juvenile offenders, results of blood and urine tests
Exemption summaries ....................
......... 943.325( 14)
....... 951.27(2)
....985.47(11) et seq.
BLOOD BANKS
AIDS testing
Exemption summaries
.....3810041(9)
BLUE PRINTS
Public Records Act (Section C)
Exemption summaries
........ 119.071(3)(b) 248
BOARD OF COUNTY COMMISSIONERS
Acquiring real property
Approval by board
Exemption summaries
....125.355(1)
BOARD OF EDUCATION
Exceptional student placement hearings
Exemption summaries....... .......................... .................1003.57(1)(b) 350
H. Lee Moffitt Cancer Center and Research Institute
Confidential business information
Exemption summaries ..................... ..................... ...........1004.43(8) 351
Records of university direct-support organization
Exemption summaries .................... ...... ....... .. .......... ..1004.28(5) 350
Rules of the State Board of Education
Exemption summaries.. ................1006.52 352
BOARDS, COMMISSIONS, AGENCIES, AUTHORITIES
(Boards, commissions, etc., of state, county, municipal corporation, political subdivision)
Board of Funeral, Cemetery and Consumer Services
Exemption summaries ..............
In-hospital medical staff committces
Exemption summaries .......
Meetings. See: PUBLIC MEETINGS
Proceedings and records of committees or governing bodies of licensed facilities
Exemption summaries.... ............................395.0193(7)
Provisions re specific boards, commissions, etc. See within this index specific entries
Public meetings. See that subject
...497.172
......405.02
BOOKING BUSINESS RECORDS
Exemption summaries
.... .... 125.0104(9)(d)1.
.........255.047(2)
396
298
338
311
345
346
348
297
279
322
307
302
278
284
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
BRAIN RESEARCH CENTER
Exemption summaries
..................381.8531
BUDGETS
Department of Natural Resources
Expiration budgets
Exemption summaries
.......377.2408(3)
BUILDING PLANS
Public Records Act (Section C)
Exemption summaries .....
.................119.071(3)(c)
BUSINESS AND PROFESSIONAL REGULATION. DEPARTMENT OF
Complaints filed with
Exemption summaries ............. . ....... .... ... .................
Dismissal of complaints
Exemption summaries ...................... .............
Division of Florida Land Sales, Condominiums and Mobile Homes
Time-share plans
Exemption summaries..
Infonnation required by
Exemption summaries .............
...... 455.225(1 0)
.......455.225(2)
..... ....721.071
......... .....455.229(1)
...... ........ .......455.229(2)
....471.038(7)
Licenses and permits
Alleged violations of state profcssionallicensing laws
Exemption summaries ................ .............................
Reviewing licensure examination questions
Exemption summaries ................... ...............
......337.162
..............455.217(5)
......... ..........471.038(7)
Medical review committee advisory reports provided to
Exemption summaries ... ............ ...................
....766.101(7)(c)
Records
Exemption summaries.
.......455 .32( 15)
BUSINESS DAMAGES
Business records provided to governmental condemning authority
Exemption summaries. .. .... . .... ....... .... ..73.0155 274
BUSINESS TRANSACTIONS
Trade secrets. See that subject
c
CANCER REGISTRY
Statewide cancer registry
Identity of persons reported
Exemption summaries .......n...........
.....................385.202(3)
CANDIDATES. See: ELECTIONS
CEASE AND DESIST ORDERS
Exemption summaries
....... 655.033(6)
CEMETERIES
Board of Funeral, Cemetery and Consumer Services
397
297
295
249
316
316
336
316
316
320
292
315
320
339
316
300
334
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
Exemption summaries .....
............497.172
322
CENTRAL ABUSE HOTLINE
Exemption summaries ............. .......39.201(1)(b) et seg.
.................... .............. .......................39.202(1) et seg.
..................M5M
CERTIFICATES, CERTIFICATION
Birth certificates, records. See that subject
Certification of law enforcement officer, revocation
Exemption summaries ............. .......... ...... ......................... 943.1395(6)(b)
Death certificates. See: DEATHS
Osteopathic physicians accepting certificates to practice medicine
Exemption summaries ............. ................ ........................... ....459.017(3)
Rabies vaccination certificates
Exemption summaries..
............828.30(5)
CHARGE CARD NUMBERS
Exempt from public disclosure.
...119.071(5)(b)
CHARITABLE ORGANIZATIONS. See: NONPROFIT CORPORATIONS, ORGANIZATIONS
CHECKS
Tolls
Personal identifying information related to payment
Exemption summaries ....................... ....... .......................... .....338.155(6) 293
CHIEF INSPECTOR GENERAL
The Public Records Act
Exemptions....
.. .......112.31901
CHILD ABUSE
Central abuse hotline. See also that subject
Exemption summaries ........ ...................
............ 39.20 I (I )(b)
....435.09
Correspondence held by the legislative branch
Disclosure revealing individual's identity..
Identity of victims
Exemption summaries ..... .......... .. ............
.. 11.0431(2)
................... ......... .. ......92.56
............... .......794.024 et seg.
Interview with child
Exemption summaries ................... ............. .....................39.301(19)
Summer day camps or other agencies releasing criminal records
Exemption summaries ........................ ................................409.175(12)
CHILD PROTECTION
Disclosure of information....
............ 39.0 I 32(4)(a) I
.............. .............. 39.0132(4)(a)2
................. .........125.901(11)
Records, reports
Exemption summaries
......39.202(6)
CHILD PROTECTION RECORDS
Certain records prohibited from publicly available internet website ..... ... ......28.2221 270
Clerk keeping official records ....................... ................... ................ ...39.0132(3) 270
CHILD PROTECTION TEAM
Records. reports
Exemption summaries ...................
....39.202(6)
398
270
271
313
345
319
341
261
277
270
313
268
274
341
271
309
270
270
279
271
271
GOVERNMENT-IN- THE-sUNsHINE-MANUAL
CHILD SUPPORT
Client infonnation n.
.61.13 (7) and (8)
........................ ...............61.1827
CHILDREN. See: MINORS
CHILDREN AND FAMILY SERVICES, DEPARTMENT OF
Adoption files
Exemption summaries
Child care facility
Exemption summaries .......
Child protection records
Clerk keeping official records
Community Care for Disabled Adults Act
Exemption summaries... ............... ...................
Community help centers and facilities, records of
Exemption summaries
Disabled adults or elderly persons
Exemption summaries .................... . .................
Disabled adults, persons volunteering services to
Exemption summaries ............... ............. .... ......
Disclosure of information
Exemption summaries..
Domestic violence centers
Exemption summaries .................. .............................................. .....39.908
Drug and Cosmetic Act
Complaints, investigations
Exemption summaries
Foster care parents
Licensing file of the Department of Children and Family Services
Exemption summaries ................ .... . . ........ ........409.175(16)
Interdisciplinal)' teams providing specified services to students
Exemption summaries .................. .... .... ...... .......402.22(3)
Public Records Act (Section C)
Exemplion summaries. .......................... ......... ...... 119.071(4)(d)1
Substance abuse services ...................... ..................... ..... .......397.419(5)
Temporary cash assistance, records relating to
Exemption summaries .............................. ............ ...... ...414.295(1)
Workforce Florida, Inc.
Exemption summaries ................
..........................63.162(1)
..................... ...... 402.308(3 )(a)
..39.0132(3)
..............410.605
......... 394.907(7)
....410.037
...410.605
...125.901(11)
.......................... 499.051 (7)
.........................414.106
CIRCUIT COURTS
Department of Health
Filing petition for enforcement
Exemption summaries ..................
......474.214(1 )(h)
CITIZEN DISPUTE SETTLEMENT CENTERS
Exemption summaries ..................
..... .......44.201(5)
CITIZENS PROPERTY INSURANCE CORPORATION
Exemption summaries.. ............... .
..627.351(6)(x)1
CITIZEN REVIEW PANEL
Independent not-for-profit agency authorized 10 administer panel
Exemption summaries .............................................................. 39.702(5)(d) 271
399
273
273
274
307
270
310
301
310
310
279
272
322
309
307
251
305
312
311
321
272
329
GOVERNMENT- IN- THE-sUNSHINE- MANUAL
CITRUS, DEPARTMENT OF
Exemption summaries.. ....... .................... ............................. 601.152(8)(c) 325
Noncommodity advertising, promotional programs .....60 1.15(7)(d) 325
Trade secrets
Exemption summaries .................. .................... .......601.10(8) et seq. 325
CIVIL ACTIONS
Agency for Health Care Administration
Obtaining reports and records in civil actions
Exemption summaries ............... ............... ............. ...................64 I .515(2) 332
Court orders. See also that subject
Division of Worker's Compensation of Department of Labor
Exemption summaries ..... .......... .. .............. ..................440.125 314
CIVIL PROSECUTION
Department of Financial Services
Exemption summaries
.........520.9965
................... ......717.1301(5)
Office of Financial Regulation
Exemption summaries...
Exemption summaries .....
......................... .....288.99(15)
........... ............. ............. .......... .....517.2015
CIVIL TRIALS. See: TRIALS
CLAIM FILES, REPORTS
Crime victim compensation
Exemption summaries ....................
Department of Financial Services
Exemption summaries ...
Division of Risk Management
Exemption summaries....
Injured workers
Exemption summaries ..
Medical claims
Exemption summaries. ................ .................
Risk management program
Exemption summaries ................. ................ .............. 768.28( 16)(b) et seq.
Settlement or resolution of claims
Exemption summaries.
..................................960.15
627.9122(2)(e)
...284.40(2)
.......440.125
.... 110.123(9)
.......69.081(8)
CLEAN AIR. See: POLLUTION
CLIENTS
Central records of developmentally disabled clients
Exemption summaries ................ .......................
Collaborative client iofonnation system
Exemption summaries
Runaway youth centers
Infonnation about clients
Exemption summaries ....... ............,..
......393. I 3(4)(i)l.
.. 163.64
.. ... ..........................409.441(5)
CLINICAL RECORDS. See also: MEDICAL RECORDS
Persons subject to "The Baker Act"
Exemption summaries.. .................... ........................ .......394.46 I 5( I)
....... ...... ....................... ........... .......................... ...........394.4615(7)
COLISEUMS
400
323
336
290
323
347
330
287
314
276
340
274
301
280
309
301
301
GOVERNMENT- IN- THE-sUNsHINE- MANUAL
Booking business records
Exemption summaries
. .... ....................255.047(2) 284
COLLECTIVE BARGAINING
Discussions between chief executive officer, etc., and legislative body
Exemption summaries ................... .................................. ..........447.605(1) 3 I 5
Discussions between Department of Administration and Governor
Exemption summaries... .............. ................. ....... .110.123(9) 276
Exemption summaries ........ ................ ................ .........447.307(2) 315
Signatures on petitions for certification as bargaining unit, etc.
Exemption summaries.... .... ......... .............. ...................447.307(2) 315
Work products
Exemption summaries.. .......... ........... ........................... .. .....447.605(3) 315
COLLEGES. See: SCHOOLS
COLOR DISCRIMINATION. See: DISCRIMINATION
COMMISSIONS. See: BOARDS, COMMISSIONS, AGENCIES, AUTHORITIES
COMMITTEES. See: BOARDS, COMMISSIONS, AGENCIES, AUTHORlTIES
COMMUNICABLE DISEASES. See: DISEASES
COMMUNICATIONS, INTERCEPTION OF
Exemption summaries ...............
...............934.09(8)(c)
COMMUNITY CARE FOR THE ELDERLY ACT
Functionally impaired elderly persons
Exception reprint.. .............
................ .430.207
COMMUNITY COLLEGES. See: SCHOOLS
COMPELLED TESTIMONY. See: TESTIMONY
COMPENSATION. See: SALARIES
COMPLAINTS
Agency for Health Care Administration
Complaints against hospital pursuant to investigation by depanmeni
Exemption summaries.. ................... . ...................500.148(3)
Bail bond licensee
Exemption summaries ............... ........ .........
Board of Architecture and Interior Design
Exemption summaries ......... ................
Chief inspector general receiving complaints
Exemption summaries
Commission on Human Relations
Exemption summaries ..........................
......648.46(3)
......... . . .. . ... 481.205(3)(a)
................112.3188(1)
................................760.11(12)
......... 760.34( 1)
Continuing care provider, complaints against
Exemption summaries. ................... ....... ............................... ...651.111(2)
Dentist, investigation of complaints against
Exemption summaries ....... ........................ .......................466.0275(2)
Department of Agriculture and Consumer Services
Exemption summaries .......... ... ............ .... 500.148(3)
Department of Financial Services, investigations of
Exemption summaries....... ............. ..494.00125
401
343
313
322
333
321
277
338
338
333
320
322
322
GOVERNMENT-IN - THE-sUNsHIN E- MANUAL
Exemption summaries .............................. ........................... ........520.9965
Department of Business and Professional Regulation
Complaints filed with
Exemption summaries .......
Dismissal of complaints
Exemption summaries ................. .................. ........................455.225(2)
Department of Financial Services
Exemption summaries ............... ........................ ........................626.601(6)
Department of Transportation
Exemption summaries.. ...............
Discrimination complaints
Exemption summaries.. ...............
Division of Elections, etc.
Filing complaints
Exemption summaries ...
Drug and Cosmetic Act
Exemption summaries .... ................
Ethics Commission or Commission on Ethics and Public Trust....
Executive branch lobbyists, investigations of sworn complaints
Exemption summaries ....... .........................
Inspector audit workpapers and reports, receiving complaints
Exemption summaries ..................................
Law enforcement officers. complaints filed against
Exemption summaries. ................ .................
Legislature
Exemption summaries
Lobbyists
Exemption summaries
Long-term care ombudsman councils
Exemption summaries .........
Medicaid provider, investigations of
Exemption summaries .,.. """""".........
Medical examiners, investigations of complaints
Exemption summaries """"...".....P
Medical telecommunication
Complaints concerning alleged violation
Exemption summaries P.".""...""....
Money transmitters, investigation of complaints
Exemption summaries .......
Retail installment sales
Investigations, provisions re complaints
Exemption summaries ,.. ""..........
....................455.225( I 0)
.. .. ...........337.162
. . . ... .... 760.34( I)
......106.25(7)
...499.051 (7)
.....112.324(2)(a)
........ 112.08(8)
... 20055(5)(b)
... ..............112.533(2)(a)
...........11.0431(2)
.. 11.0431(2)
...............................400.0077( I)
...409.913(12)
.....406.075(3)(b)
....401.414(3)
. ...560.129
... ..517.2015
COMPUTERS (Computer data, software, tenninals, etc.)
Abuse, neglect or exploitation of aged persons, etc.
Central abuse hotline
Exemption summaries.... ......................... . ................ 415.111(2)
Department of State, data processing software
Exemption summaries. ............................... ............... 101.5607(1)(d)
Trade secrets
Exemption summaries ....... ....... ......................... . .............. 815.04(3)(a)
CONCEALED WEAPONS LICENSES
Exemption summaries
........790.0601
CONDEMNATION
Governmental condemning authority
Business records provided to
Exemption summaries" ..............
...................73.0155
402
323
316
316
328
292
338
275
322
278
276
269
278
268
268
305
310
308
306
324
323
312
275
341
340
274
GOVERNMENT -IN- THE-sUNsHIN E-MANUAL
CONDOMINIUMS
Division of Florida Land Sales, Condominiums and Mobile Homes
Investigation conducted by
Time-share plans
Exemption summaries....... ................ ................. ............. ......721.071 336
Trust fund, books and financial records
Exemption summaries ................. ............ . ................ .............. 723.006(3) 336
CONFIDENTIAL INFORMANTS
Identity
Governmental efficiency hOlline
......................... .....17325(3)
CONFIDENTIAL MATERIAL
Banking and Financing, Department of
Exemption summaries ....... .........................
Child support services information ....
Jurors notes............... .................
Taxation
................. ......... 655 .057(3)
............ ............. 655.057(7)
.............. . ....................61.1827
.................. 40.50(2)
Taxpayers records..............
..............192.01 05( 4)
CONSTITUTIONAL REVISION COMMISSION
Exemption summaries ............ ..................
... 112.3215(8)(b)
CONSTRUCTIVE YOUTH PROGRAMS
Vocational instruction. See: VOCATIONAL INSTRUCTION
CONTINUING CARE FACILITIES
Exemption summaries
Complaints against continuing care provider.. .. ...............651.111(2) 333
Continuing care contracts.... ............................... ............ ...............651.134 334
Exemption summaries.... ....................... .... 651.111(2) 333
Results of financial examinations... .....651.105(3) 333
CONTRACTS
Acquiring property by municipality generally
Exemption summaries ......... .............................
Acquiring property by purchase, etc.
Exemption summaries ............. ..................
Bids, bidding. See also that subject
Board of Trustees........ ........................ ...................
Board of Trustees of Intemallmprovement Trust Fund
Exemption summaries ....... ...................,......
. 166.045( I)
.........125.355(1 )
.253.034(6)(g)
......... 253.025(6)(d)
.....259.041(7)(e)
Land acquisition
Exemption summaries.
Offers or counteroffers
Exemption summaries.
Certified public accountants
Department of Revenue, entering into contracts with
Exemption summaries ...... ....... ... .............
Community Care for Disabled Adults Act
Contracts with Department of Children and Family Services
Exemption summaries. .................. .......................... ............410.605
Continuing Care Contracts
Exemption summaries. ............................. ......................................651.134
Department of Business and Professional Regulation
... ..... 259.041(8)(c)
.................... ....... 253.025(7)( d)
... ......213.28(6)
403
269
334
335
273
272
280
277
280
279
284
284
285
285
284
283
310
334
GOVERNMENT- IN- THE-s UNsHINE- MAN UAL
Persons under contract with
Exemption summaries.. ....... ...... ...............
Department of Corrections
Health care provided under contract with
Exemption summaries ................. .. ...... ......... .......
Department of Environmental Protection
Pollution response action construction contracts
Exemption summaries .................. ................
Department of Lottery
Information concerning bids or other contractual data
Exemption summaries ..... ............... ... 24.105(]2)(a)
Prepaid limited health service organizations
Proprietary financial information
Exemption summaries ....... ............. ........... .................. 636.064( I) and (2)
Records identifying individual participants in contract
Exemption summaries... ..................
...455.232( I)
......945.602(7)(b)
........287.0595(3)
............ 1]2.21(1)
CONTROLLED SUBSTANCES. See: DRUGS
CONVENTION CENTERS
Booking business records
Exemption summaries.
............. ...................... 125.0104(9)(d)1. 278
... . . .............. ...............255.047(2) 284
COPYRIGHTS
Export trading companies
Exemption summaries", ...............
Transportation-related projects
Exemption summaries .................
......125.025
. ........ ]25.012(26)
CORPORATIONS
Department of Legal Affairs
Testimony obtained by
Exemption summaries .......................... ....................607.0505(6) 326
Nonprofit corporations, organizations. See that subject
Private corporations, organizations. See that subject
CORRECTIONAL FACILITIES
Sealed records
Exemption summaries ......... . . . . ............. .................. .... 943.053(5) 344
................................ ....................... ......... ....... ..... ...943.053(8) 344
H.H......... ............... HH .943.053(9) 344
......................................................... 943.053( I 0) 344
CORRECT]ONAL MEDICAL AUTHORITY
Medical review committee
Exemption summaries..
........ 945.6032(3)
.....945.602(7)(b)
Meetings
Exemption summaries .....
CORRECTIONAL OFFICERS
Complaints filed against
Exemption summaries ..,
...............112.533(2)(a)
CORRECTIONAL WORK PROGRAMS
Proprietary confidential business information
Exemption summaries..
. ...946.517
CORRECTIONS, DEPARTMENT OF
404
3]6
346
287
269
332
277
279
279
346
346
278
346
GOVERNMENT- IN- THE-SUNSHINE - MANUAL
Correctional medical authority. See also that subject
Exemption summaries ................................
Health care provider under contract with
Exemption summaries
Medical review committee
Exemption summaries ........nn.
Presentence reports or diagnostic reports
Exemption summaries ....... .......................
'ppppp..... 945.1 O( I)
...... "P"'" 945.602(7)(b)
.945.6032(3)
pp......p958.07
CORRECTIONS-HEALTH CARE PROVIDER
Exemption summaries
346
346
346
346
'''P''''''. . "P"" 945.602(7) 346
CORRESPONDENCE
Portions of correspondence held by the legislative branch
Disclosure revealing individual's identity p "P" p......... "pp...... 11.0431(2) 268
COSMETICS
Drug and Cosmetic Act
Complaints, investigations
Exemption summaries
.........P.......499.051(7)
COUNTY COMMISSIONS
Acquiring real property, approval by board
Exemption summaries ......p......... P"""""p"....... ...........125.355(1) 279
Sheriff furnishing infonnation re expenditures
Exemption summaries. """"PPP" """"""""""PPPP.......30.49(3) 270
COUNTY EMPLOYEES
Medical records
Exemption summaries
...112.08(7)
COUNTY HOSPITAL. See: HOSPITALS
COURT MONITORS
Exemption summaries
......744.1076
COURT ORDERS
Criminal justice agencies honoring court orders
Exemption summaries ......................
Disabled persons
Records of gross income produced by taxpayer claiming
Exemption summaries ""'PP . P"""""" 196.10 I (4)(c)
Federal tax inronnalion, obtaining by court order.. ....... ""PPPPPPPPP......p.I92.1 05
Liquefied petroleum gas accidents
Exemption summaries..
Petroleum Allocation Acl
Exemption summaries. ............. .... .... ..........
.....943.0585
P'"''''''''PPP''''''''''''''' ....... 527.062( I)
...PPP....... 377.70 1(4)
COURT PROCEEDINGS. See also: GRAND JURY PROCEEDINGS
Commission on Human Relations
Exemption summaries ........... ... .............. ................ .................760.11(12)
Publication of names of parties
Exemption summaries ................... ............. ............................ .........742.09
COURTS
Circuit courts. See that subject
Civil litigation. See that subject
Driver license infonnation
Releasing to courts for jury selection, exemption
........322.20(9) 292
405
322
276
338
344
281
280
323
295
338
337
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
Grand jury proceedings. See that subject
Public meetings, governmental agencies and their attorneys
Meetings held to discuss proposed or pending litigation ............ 286.0 II (8)
Exemption summaries. ............. ............................... ...286.011(8)
Supreme Court. See that subject
Trade secrets
Uniform Trade Secrets Act, actions under
Exemption summaries... .............
Trials. See that subject
Veterinary medicine licensee
IdentifYing in public court records
Exemption summaries ..... ....... .......
........688.006
..474.214(1)(h)
CRASH REPORTS
Confidential infonnation, release of
Exemption summaries ............... ................. ............... ......... 316.066(5)(a)
Drivers history record, release of
Exemption summaries.. ............................ ...... ............................322.20(3)
CREDIT CARDS
Exempt from public disclosure.. .............. .................. ................. ...... 119.071(5)(b) 261
Personal identifYing infonnation related to payment
Exemption summaries ....... ................... ........................... ........ 338.155(6) 293
CREDIT UNIONS
List of members
Exemption summaries .......
.....655.057(5)
CREED
Discrimination because of creed. See: DISCRIMINATION
CRIME VICTIMS. See: VICTIMS
CRIMES
Domestic Security Oversight Council
Exemption summaries. ........................ ...............................943.0314
Florida Violent Crime Council and Drug Control Council
Criminal investigative information. etc.
Exemption summaries ................... ......... ........... .............. 943.031(9)
Sexual offenses. See that subject
CRIMINAL HISTORY RECORDS
Department of Children and Family Services
Exemption summaries.... ........................
Department of Elderly A Ifairs
Background checks required for certain positions, use of criminal records
Exemption summaries... ............. ......110.1127(3)(d)
............................................... ..... ..............110.1127(3)(e)
........409.175(12)
Employment screening
Exemption summaries ".
Exemption summaries ................
............................... 435.09 et seq.
.. ................... .......... 943.046( I)
....... ............. .................943.0585
Juvenile records
Background checks required for certain positions, use of criminal records
Exemption summaries ..................... ............. .............1 10.1 127(3)(d) 275
................... ...................... .................. ...................110.1 127(3)(e) 275
............ ................ ..................... .....464.208 319
Nursing, Board of
Criminal or juvenile records
406
287
287
335
321
291
292
335
344
343
309
275
275
313
344
344
GOVERNMENT -IN- THE-SUNSHINE-MANUAL
Exemption summaries ................ ................ ... .............. .................464.208 319
Sealed crim inal records
Exemption summaries ....................................................... .....943.059(4) 345
.............. ....................... ........ .... 943.059(4)(c) 345
Summer day camps or other agency releasing criminal records, etc.
Exemption summaries.... ................................................... ......409.175(12) 309
CRIMINAL INTELLIGENCE OR CRIMINAL INVESTIGATIVE INFORMATION
Department of Legal Affairs
Exemption summaries .............
Domestic Security Oversight Council
Exemption summaries .......... .................... .......................... . .......943.0314
Florida Domestic Security and Counter-Terrorism Intelligence Center
Exemption summaries .. ........................... .......................943.0321(4)
Florida Violent Crime Council and Drug Control Council
Criminal investigative information, etc.
Exemption summaries ............. ............. .................................... 943.031(9)
Infonnation held by state or federal agency
Exemption summaries ...............
Law Enforcement, Department of
Exemption summaries
..........607.0505(6 )
.501.2065
........................... .943 .057
CRIMINAL JUSTICE AGENCIES
Criminal history records. See that subject
Criminal Justice Standards and Training Commission
Examinations, assessments, etc., administered by commission
Exemption summaries .................. .... ......... 943.173(3)
Exemption summaries ....... .............................. ................... 943. I 395(6)(b)
Honoring laws, court orders, etc.
Exemption summaries. ..............
. ......943.0585
CRIMINAL PROSECUTION
Department of Financial Services
Exemption summaries ................ ....
Investigations of Medicaid providers
Fraud or financial abuse
Exemption summaries
Office of Financial Regulation
Exemption summaries
............520.9965
....717.1301(5)
.......517.2015
CRIMINAL TRIALS. See: TRIALS
CULTURE. See: ARTS
CURRENCY TRANSACTION REPORT
Exemption summaries
......517.12(14)
D
DAIRY INDUSTRY
Infonnation revealing trade secrets
Exemption summaries ..................
......502.222
DATA PROCESSING. See: COMPUTERS
DAY CAMPS, SUMMER
Exemption summaries
............. ....................409. I 75( 12)
407
326
344
344
343
322
344
345
345
344
323
336
323
323
323
309
GOVERNMENT- IN- THE -S UNSHINE-MANUAL
DEAF PERSONS. See: HEARING IMPAIRED
DEATHS
Autopsies
Exemption summaries ................. ................................... ...............406.135
Certain records prohibited from publicly available internet website.. .............28.2221
Death certificates and fetal death records
Exemption summaries ,.... ...........................
.............. 28222(3)(g)
............3 82.008(6)
............. .............382.025(2)
Death of a child, abuse
Exemption summaries.. ................... .............................. 39.202(2)(0)
Names of person reporting, releasing
Exemption summaries .. ................. .......39.202(5)
DEBIT CARD NUMBERS
Exempt from public disclosure
...............119.071(5)(b)
DEEPWATER PORTS
Sale, use or lease of port lacilities
.................315. J 8
DEFENDANTS
Department of Corrections
Provisions re defendant and attorney
Exemption summaries ................ ........... . .......................
......958.07 346
DEFENSE
Information identifying or describing state's plan of defense
Exemption summaries.... . ......................... ........................381.95( I) 298
DENTISTRY, BOARD OF
Hepatitis B carrier status, reports
Exemption summaries ....
........................466.041(3)
DENTISTS. See also: PHYSICIANS
Peer review information
Exemption summaries
.............466.022(3) et seq.
DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES
Exemption summaries ................ ............... .................500.148(3) 322
DEPARTMENT OF REVENUE
Public Records Act (Section C)
Exemption summaries
.....II9.071(4)(d)1
DEPARTMENT OF STATE
Data processing software
Exemption summaries
Exemption summaries
................101.5607(1)(d)
.. .. .........................106.0706
DEPENDENCY ADJUDICATORY HEARINGS
Exemption summaries .............
..........................39.507(2)
DEPENDENCY PROCEEDINGS
Appeals
Exemption summaries ....
.............39.5 I 0(4)
408
308
270
270
298
298
271
271
261
291
320
319
251
275
275
271
271
GOVERNMENT - IN- THE-SUNSHINE -MANUAL
Exemption summaries
........ 39.51 0(5)
271
DEPOSITS
Direct deposit records
Funds established by Department of Financial Services
Exemption summaries ......... .. .............. ............. .......... 17.076(5) 269
Report of qualified public depository
Exemption summaries ..........280.16(3) 286
DEPUTY SHERIFFS. See: SHERIFFS, DEPUTY
DETENTION. See: PRISONERS
DETENTION FACILITIES. See: CORRECTIONAL FACILITIES
DEVELOPMENT
Division of Economic Development and Industrial Development Authority records
Request for records, reports, etc.
Exemption summaries ........................... ....................
Florida Council on Far East Research and Development
Confidential infonnation
Exemption summaries ........ ........................
Tourist development taxes
Exemption summaries..
.....288.075
288
. ......288.075
288
...... 125.0104(3)(h)
278
DEVELOPMENT FINANCE CORPORATION
Applicants
Exemption summaries ,.
Donors, identity of
Exemption summaries..
288.9607(5)
289
... ... ... 11.45(3)(j)
268
DIAGRAMS
Public Records Act (Section C)
Exemption summaries .",
............ 119.071(3)(b)
248
DIRECT DEPOSIT RECORDS
Funds established by Department of Financial Services..
. . .....17.076(5) 269
DISABILITY BENEFITS, REPORTS
Persons operating motor vehicles
Exemption summaries
.......322.126(3)
291
DISABLED PERSONS. See: HANDICAPPED/DISABLED PERSONS
DISCIPLINARY ACTIONS, PROCEEDINGS
Agency for Health Care Administration
Exception to certain provisions
Exemption summaries ............. ........................ .......641.55(5)(c) 332
information on incidents and injuries
Exemption summaries.. ...395.0197(13) 302
Department of Health
Actions against osteopathic physicians... . ........459.016(3) et seq. 319
Disciplinary records furnished to departmenl
Exemption summaries ................ . ............. . ..................458.337(3) 3 19
Division of Medical Quality Assurance
Reports of final disciplinary actions laken by governing body .395.0193(4) 301
DISCRIMINATION (Discrimination re race, color, religion, sex, nalional origin, age, handicap, marital
status, housing, brokerage services, etc.)
Fair Housing Act
409
GOVERNMENT-IN - THE-sUNsHIN E- MAN UAL
Conciliation agreement
Exemption summaries
Housing, discriminatory
Exemption summaries ..................
Human Relations, Commission On. See that subject
................. 760.36
. ....760.34(1)
DISEASES
AIDS. See: AIDS (Human immunodeficiency virus)
Alzheimer's Disease programs
Exemption summaries ....
Department of Health
Investigation of sexually transmissible disease infection
Exemption summaries ........ ...................... .................. .....384.26(2) et seg.
Reports from physicians or veterinarians
Exemption summaries ..........
Hepatitis B carrier status
Exemption summaries .........
Medical technicians, paramedics, etc.
Treating or transporting persons with infectious disease
Exemption summaries.. ..... .........................395.1025
Rabies vaccination certificates
Exemption summaries.. ...... .. ......... .......................... 828.30(5)
Sexually transmissible diseases. See that subject
Tuberculosis, public health threats ITom
Exemption summaries .................. ........................392.54(2) et seg.
.............. .430.504
........................381.0031 (4)
......466041(3)
DISPLACED HOMEMAKERS
Exemption summaries ....
..........446.52
DNA TESTS
Exemption summaries
....... 760.40(2)(a)
DOMESTIC SECURITY OVERSIGHT COUNCIL
Exemption summaries .......
.... ...........................943.0314
DOMESTIC VIOLENCE, DOMESTIC VIOLENCE CENTERS
Address Confidentiality Program for Victims of Domestic Violence
Exemption summaries ......... ....................
Address of petitioner
Exemption summaries ..............
Domestic Security Oversight Council
Exemption summaries.. ... ...........
Exemption summaries ................
......741.465
.............741.30(3)(b)
................... ...........943.0314
. . ..... .......39.908
. HHHHHHH"H 741.29(2)
. .... 'HHH 741.30(3)(b)
. ................ .....741.3165
........741406
......741465
Victims. See thai subject
DONORS, IDENTITY OF
Department of Education
Direct-support organization
Exemption summaries .......
.....1001.24(4)
....1001.453(4)
...379.223 (3)
......379.223 (3)
Fish and Wildlife Conservation Commission
Citizen-support organization established by commission
Donor to.. . . ................... . ......................... .
Infonnation revealing names, addresses, etc., of donors
410
338
338
313
299
296
320
302
341
300
315
339
344
337
336
344
272
336
336
337
337
337
349
349
296
296
GOVERNMENT -IN-THE -sUNsHINE- MANUAL
Agriculture and Consumer Services, Department of
Exemption summaries .....................
Community colleges
Exemption summaries
. ...... .......570.903(6)
.............. ...........1004.70(6)
.................... ..................1004.71(6)
..... ................................. 1004.78(2)
Florida Agriculture Center and Horse Park Authority
Exemption summaries .......................
Florida Development Finance Corporation
Exemption summaries.. ... . ............................ 11.45(3)(j)
Florida Endowment Foundation Jor Vocational Rehabilitation
Exemption summaries. .................. ......... .................. ...... 413.615(7)(a)
Exemption summaries.. ..... ......... ........413.615(11)
Florida International Affairs Foundation
Exemption summaries." .. ..... .......
Florida Prepaid College Program
Exemption summaries..
Florida Tourism Industry Marketing Corporation
Exemption summaries ................. ..............
John and Mable Ringling Museum of Art
Exemption summaries.. ....................... 1004.45(2)(h)
Sports-related industries promotion direct-support organization
Exemption summaries... . ..... .................... ........288.12295
University of West Florida
Identity of donor of property....................
Cultural Endowment Program Trust Fund
Exemption summaries ,.. .................
Enterprise Florida, Inc.
Exemption summaries..
DRIVERS' LICENSES
Driver license infonnation
Releasing to courts for jury selection, exemption
MOlOr vehicle licenses. See: LICENSES AND PERMITS
DRUGS (Medicinal drugs, controlled substances, etc.)
Department of Corrections
Exemption summaries ...............
Drug abusers, records of
Exemption summaries.
Drug and Cosmetic Act
Complaints, investigations
Exemption summaries
Drug test results
Exemption summaries. ..............
..................265605(2)
"'PPPP 1145(3)(i)
.................... .288. 9520
.. ......570.953
....................288.809(4)
..................... 1009.983(4)
. .. ..2881226(6)
.......267.1732(8)
............322.20(9)
.............945.10(1)
.. 397.50 1 (7)
...499.051(7)
.... 112.0455(8)(1)
............................... II 2.0455(8)(u)
............... ........112.0455(11)(a)
Drug testing programs
Exemption summaries
Inmate's substance abuse service records
Exemption summaries ....
Pharmacy records
Exemptions reprint .......................
Substance abuse service providers
Exemption summaries..
Unemployment compensation
Drug tests, other information
Exemption summaries.. ...............
411
...................440.102(8)
............... .397.752
...................465.017(2)
.. ...........397.419(5)
.......443.10 I (II )(c)
325
351
352
352
286
268
289
325
268
311
311
289
353
288
351
289
286
292
346
305
322
276
276
276
313
305
319
305
314
GOVERNMENT-IN-TH E-sUNsHINE- MANUAL
......443.1715(3)
315
E
ECONOMIC DEVELOPMENT
Division of Economic Development and Industrial Development Authority records
Request for records, reports, etc.
Exemption summaries .......... .............. ................................ .......288.075 288
ECONOMIC STATUS
Discrimination because of economic status. See: DISCRIMINATION
EDUCATION, DEPARTMENT OF. See: SCHOOLS
ELDERLY PERSONS
Alzheimer's Disease programs
Exemption summaries ,..
Background Checks.................
Department of Children and Family Services
Providing services to elderly persons, infonnation received
Exemption summaries... .................. . ... ..... ...
Department of Elderly Alfairs
Alzheimer's Disease programs
Exemption summaries ...... ... ... .............. ........430.504
Background checks required for certain positions, use of criminal records
Exemption summaries ....................... .....1 10.1 I 27(3)(d)
Elderly persons receiving services
Exemption summaries" .
.. ...... .. . ....430.504
....110.1127(3)(d)2
.......410.037
.......................... .......430.105
................ ....430.608
Functionally impaired elderly persons
Exception reprint... .. . ..........................
Discrimination because of age. See: DISCRIMINATION
Functionally impaired elderly persons
Exception reprint", . . . ................. .......................
Medicaid. See that subject
. ..............430.207 313
................430.207 313
ELECTIONS
Ballots
Absentee ballots
Exemption summaries ........... . ... ..................................
Exemption summaries. ... ......... ......................
Division of Elections
Complaints
Exemption summaries .................. ................ .
Florida Elections Commission
Complaints
Exemption summaries ....... ....................... ................................
Registration
Supervisor of Elections
Examination of registration books
Exemption summaries ....................... ............. ...............
Registration books in custody of supervisor
Exemption summaries.. ..................
Registration list maintenance ......................
Voter registration information
Exemption summaries ........ .
HH.IOI.62(3)
..101.62(3)
.................... 106.25(7)
.. 106.25(7)
.98.045(3)
.....H..98.045(3)
... ..98.045(3)
.. 97.057(2)(a)4
412
313
275
310
313
275
312
313
275
275
275
275
275
275
275
274
GOVERNMENT-IN- THE-s UNsHINE-MANUAL
. . . .................................97.0585 275
Supervisor of Elections
Registration books in custody of supervisor
Exemption summaries ... ...............
Voter information request
Exemption summaries
Voter registration information
Exemption summaries. .....................
....98.045(3 )
.98.045(3)
275
275
.........97.0585
274
EMERGENCIES
Comprehensive emergency management plan
Exemption summaries..
Department of Financial Services
Emergency orders
Exemption summaries .."... ........................
Emergency calls containing patient examinations, etc.
Exemption summaries.. ..................
Emergency medical services
Reports or documentation, quality assurance activities
Exemption summaries ............,. .............
Medical technicians, emergency
Exemption summaries. ,..,......... ...................
Names, addresses, etc., of persons requesting emergency services
Exemption summaries..
... .. .....395.1056
303
.. ..624.310(3)(1) 326
..............401.30(4) 306
............401.425(5) 306
........395.1025 302
. .......365.171(12) 293
EMERGENCY TELEPHONE CALLS. See: TELEPHONES
EMINENT DOMAIN. See: CONDEMNATION
EMPLOYEE ASSISTANCE PROGRAM
County employee assistance program
Exemption summaries.. .
................ ...........125.585(2) 279
... ......... ..........166.0444 280
Drug testing programs
Exemption summaries
Exemption summaries
. .. ...........440.102(8)
..............110.1091
313
275
EMPLOYEE PERFORMANCE EVALUATIONS
Employment screening
Exemption summaries
.......435.09 et seq.
313
EMPLOYMENT AGENCIES
Commission on Human Relations
Exemption summaries .......
... ...........................760.11(12)
338
ENVIRONMENT
Department of Environmental Protection
Pollution prevention act
Onsite technical assistance. proprietary information obtained during
Exemption summaries.. ..................403.074(3) 307
Price proposals for pollution response action construction contracts
Exemption summaries ......... . ......287.0595(3) 287
Secret processes, methods of manufacture, etc.
Exemption summaries.. . ................ ..403.111 307
United States Environmental Protection Agency
Exemption summaries.. .......403.73 307
Pesticide Review Counci I
Exemption summaries........... ........................ .487.0615(2)(c) 321
413
GOVERNMENT- IN -THE -SUNSHINE - MANUAL
ETHICS, CODE OF
Legislature
Exemption summaries.n
Lobbyists
Exemption summaries ,.,
...................... 11.0431(2)
....... ] 1.045(5)(b)
ETHICS COMMISSION
Commission on Ethics and Public Trust, county-established
Investigations, complaints
Exemption summaries ..........
.........112.324(2)(a)
Complaints
Investigations, complaints
Exemption summaries.. .................
Lobbyists of executive branch
Exemption summaries .....................
....112.324(2)(a)
...112.3215(8)(b)
EVIDENCE
Attorney General maintaining secrecy of evidence
Exemption summaries .........
Department of Financial Services
Evidence relative to hearings
Exemption summaries
Grand jury sessions
Disclosing evidence
Exemption summaries....
...................... ..............542.28(9)
.......626.631(2)
........................... ............ 905.27(1)
........................ ..................... ... 905.27(2)
Medical Advisory Board, reports received or made by
Exemption summaries ......................
....322.125(3)
..322.125(4)
EXAM]NAT]ON OF RECORDS. See: PUBLIC RECORDS ACT
EXAMINATIONS
Continuing Care Contracts
Exemption summaries ....................
Criminal Justice Standards and Training Commission
Exemption summaries. .... ..............
Department of Business and Professional Regulation
Reviewing licensure examinations
Exemption summaries ......
.. ......651.134
.943.173(3)
455217(5)
... .................471038(7)
Department of Financial Services
Exemption summaries...
..494.00125
....517.2015
................... .....520.9965
......624.319(3) et seq.
...687.144(6)
........7171301(5)
Florida Fire Safety Board, etc.
Exam ination grades
Exemption summaries.... ...................................... ......633.527( I)
Department of Health
Veterinary medicine licensee refusing to comply with order of department
Exemption summaries .................. .......................... .......474.214(1)(h)
Florida Insurance Guaranty Association, Inc.
Exemption summaries ............. .......631.62(2)
Florida Life and Health Insurance Guaranty Association, Inc.
Exemption summaries .......... ................... ....631.723(3)
414
268
268
278
278
277
323
328
342
342
291
29]
334
345
315
320
322
323
323
326
335
336
331
321
330
331
GOVERNMENT -IN- THE-sUNsHIN E-MANUAL
Money transmitters
Exemption summaries ................ .................... ............... ...560.129 324
Office of Financial Regulation
Exemption summaries .................... ................. ......288.99(15) 290
Surplus lines agents, filings made with by cxamining office
Exemption summaries...... ............. ............. . .........626.921(8) 328
EXECUTIVE BRANCH LOBBYISTS
Exemption summaries.
.... 112.3215(8)(b)
277
EXECUTIVE CLEMENCY, BOARD OF
Investigations
Exemption summaries.
...........14.28
268
EXEMPTIONS, STATUTORY. See: STATUTORY EXEMPTIONS
EXPORT TRADING COMPANIES
Exemption summaries .,....... . .
... .....125.025 279
F
FACILITIES MANAGEMENT, DIVISION OF. See: MANAGEMENT SERVICES, DEPARTMENT
OF
FAMILY SERVICES
Families in need of services
Exemption summaries
.. .. ......984.06(3)
..984.06(4)
347
347
FEDERAL CLEAN AIR ACT. See: POLLUTION
FEDERAL TAXES. See: TAXAflON
FEDERALLY LICENSED RADIO OR TELEVISION STATIONS
Public Records Act (Section C)
Exemption summaries .......... ........................
.119.071(1)(e) 244
FEES
Purchase or sale of property
Exemption summaries ......,
.........195.027(6)
281
FETAL DEATH CERTIFICATES, RECORDS
Cause-of-death
Exemption summaries. .................. .
.............. ..382.008(6) 298
....382.025(2) 298
Fetal infant mortality reviews
Exemption summaries
.....381.0055(3) 297
FILMS
Photographs. Sec also that subject
FINANCIAL INSTITUTIONS
Department of Financial Services. Sec that subject
Deposits. See that subject
415
GOVERNMENT -IN- THE-sUNsHIN E- MANUAL
FINANCIAL SERVICES COMMISSION
Office of Financial Regulation
Investigations or examinations
Exemption summaries ......
...........................288.99( 15)
FINANCING OF SALE OF PROPERTY
Exemption summaries
...........................195.027(6)
FINGERPRINTS
Exemption summaries .................... .................... ........447.045 315
Fingerprints of juveniles, disclosure and inspection of. ....................985.11 348
Records.... .................... .................... ........................... .............119.071(5) 253
Taking fingerprints of children for purpose of identifying ......... 937.028( I) 343
FIRE MARSHAL, STATE
Exemption summaries ................ ... ............ .........................
Infoonation, confidentiality generally
lnsurance fraud ......... ....................
..... ......633.111
... ..633.527( I)
. ..633.175(5)
FIREARMS AND WEAPONS
Buyer or transferee offireaon
Exemption summaries ....
.. 790.065(4)
.... 790.335(2)
FIREFIGHTERS
Public Records Act (Section C)
Exemption summaries
...119.071(4)(d)1
FIRES
Florida Fire Safety Board
Exemption summaries..
investigations
Exemption summaries ..,....
........... 633527( I)
....633.111
FISCAL NOTE DRAFTS
Exemption summaries ,,'
. ....... I I .0431(2)
FISH AND WILDLIFE CONSERVATION COMMISSION
Citizen-support organization established by commission
Exemption summaries .. .............. .
Social Security Numbers
Exemption summaries..
Exemption summaries.. . ...............
379.223(3 )
....3793511
.379.352(3)
FLORIDA ADOPTION ACT
Hearings held in proceedings
Exemption summaries.
.............63.162(1)
290
281
331
331
331
340
340
251
331
331
268
296
296
296
274
FLORIDA AGRICULTURE CENTER AND HORSE PARK AUTHORITY
Donors, identity of
Exemption summaries ....... .......................... ................ .................570.953 325
FLORIDA AUTOMOBILE JOINT UNDERWRITING ASSOCIATION
Exemption summaries
.....627.31 I (4)(a)
.... 627.31 1(4)(b)
FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY
416
329
329
GOVERNMENT-IN- THE-s UNsHINE- MANUAL
COMPENSATION ASSOCIATION
Records and infonnation obtained by
Exemption summaries .........
...766.305(3) 339
..............766.3 ]4(8) 339
FLORIDA COMMISSION ON ETHICS. See: ETHICS COMMISSION
FLORIDA COMMISSION ON TOURISM. See: TOURISM COMMISSION
FLORIDA CRIMINAL JUSTICE AGENCIES. See: CRIMINAL JUSTICE AGENCIES
FLORIDA DEVELOPMENT FINANCE CORPORATION. See: DEVELOPMENT FINANCE
CORPORAflON
FLORIDA EDUCATION AND TRAINING PLACEMENT INFORMAflON PROGRAM
Infonnation
Exemption summaries. ...................
...........1008.39(3)
353
FLORIDA ELECTIONS COMMISSION. See: ELECTIONS
FLORIDA ENDOWMENT FOUNDATION FOR VOCATIONAL REHABILlTArlON. See:
VOCATIONAL REHABILITATION
FLORIDA EXPORT FINANCE CORPORAI'ION
Loan applicants
Exemption summaries.. ..............
.. 288.776(3)(d)
289
FLORIDA HEALTHY KIDS CORPORATION
Exemption summaries ........
....409.821
309
FLORIDA INCOME TAX CODE. See: TAXATION
FLORIDA INSTITUTE FOR HUMAN AND MACHINE COGNITION, INC.
Exemption summaries .................... ......................... ......]004.4472 351
FLORIDA INSTITUTE OF PHOSPHATE RESEARCH
Exemption summaries .............
.................... 378.]0](3)(b) 296
FLORIDA INSURANCE GUARANTY ASSOCIATION
Exemption summaries ................... .
............63] .582 330
FLORIDA INTER LOCAL COOPERATION ACT
Exemption summaries .........
. ...... I63.01(15)(m)
280
FLORIDA INTERNATIONAL AFFAIRS FOUNDArION
Identity of donors, etc.
Exemption summaries.. .
.......288.809(4)
289
FLORIDA KIDCARE PROGRAM
Exemption summaries .........
..........409.821
309
FLORIDA PAROLE AND PROBATION COMMISSION. See: PAROLE AND PROBATION
COMMISSION
FLORIDA PARTNERSHIP FOR SCHOOL READINESS
Exemption summaries .........
....411.011 311
FLORIDA PAWNBROKING ACT
Law enforcement records
Exemption summaries ......
.............539.003
323
417
GOVERNMENT- IN-THE-sUNsHINE-MANUAL
FLORIDA RESOURCE RECOVERY AND MANAGEMENT ACT
Exemption summaries... .............
.................403.73 307
FLORIDA SELF-INSURANCE GUARANTY ASSOCIATION
Exemption summaries .......
.............. .....................440.3851
..........................................631.931
314
331
FLORIDA STATEWIDE ADVOCACY COUNCIL
Exemption summaries
.. .....402.165(8) 306
FLORIDA TOURISM PROMOTION INVESTMENT CORPORATION. See: TOURISM
PROMOTION INVESTMENT CORPORATION
FLORIDA VESSEL SAFETY LAW
Exemption summaries
..........................328.40(3) 292
FLORIDA VIOLENT CRIME COUNCIL AND DRUG CONTROL COUNCIL
Criminal investigative infonnation, etc.
Exemption summaries..
....................... ........ 943.03 1(9)
.............. ..943.031(7)(c) and (d)
343
343
FOREIGN BIRTHS
Exemption summaries..
.................... 382.0 I 7( 1)
298
FOREIGN CORPORATIONS
Department of Legal Allairs, testimony obtained by
Exemption summaries ........... .. ...............
. ...........607.0505(6) 326
FOSTER CARE PARENTS
Licensing file of the Department of Children and Family Services
Exemption summaries... ................. ...................... ......409.175(16) 309
FOSTER HOMES
Registration
Exemption summaries.. .
.. .. ................409. I 76( 12)
309
FRANCHISES
Professional sports franchises..
Proprietary confidential business information
Exemption summaries ...... . .. .............
............ 288. I 162(8) 288
..............202. I 95 28 I
FRAUD
Consumer fraud
Division of Consumer Services
Exemption summaries ......... .....................
Insurance fraud
Exemption summaries....
..............570.544(7) 325
.............626.989(5) 328
...633.175(5) 331
Medicaid recipient
Exemption summaries ..... ..............
Registration and license plates issued under fictitious names
Exemption summaries ,..... ......................
H409.910(17)(d) 309
...320.025(3) 291
FRUIT
Citrus, Department of. See that subject
FRUIT AND VEGETABLE INSPECTION, DIVISION OF
Exemption summaries .....
....... 570.48(3)
325
418
GOVERNMENT -IN- THE-sUNsHINE-MANUAL
FUEL
Motor Fuel Marketing Practices Act
Exemption summaries..
... 526.311 (2) 323
FUNDS
Direct deposit offunds established by Department of Financial Services
Exemption summaries ..................... . .............. ............. .............. 17.076(5)
Florida Institute of Phosphate Research
Amount and funding of projects
Exemption summaries .......................,
Mobile Homes Trust Fund
Exemption summaries.
Patient's Compensation Fund
Exemption summaries '"
.......378.10 I (3)(b)
..723.006(3)
.766105(3)(e)2.
FUNERAL, CEMETERY AND CONSUMER SERVICES, BOARD OF
Exemption summaries.. ...........................................497. I 72
FUNERALS
Board of Funeral, Cemetery and Consumer Services
Exemption summaries. ..........................
Funeral and Cemetery Services Act
Investigation
Exemption summaries..
Probable cause panel
Exemption summaries.
..........497.172
..............497.172
. .... ..........497.172(2)
G
GAS
Accidents involving liquefied petroleum gas
Exemption summaries ......... .... ........
.....527.0201(8)
.................. 527.062( I)
.....377.242 I (2)
Oil, gas, etc.; exploration
Exemption summaries ............. . ..........................
Petroleum Allocation Act
Exemption summaries
Resources
Exemption summaries "..... .........................
........................ 377.70 I (4)
...377.22(2)(h)
GENETIC TEST RESULTS
Exemption summaries
...760.40(2)(a)
GEOLOGIC EXPLORATION
Exemption summaries
.....377.2421(2) 295
GEOLOGY, BUREAU OF
Company data collected by
Exemption summaries..
269
296
336
339
322
322
322
322
323
323
295
295
295
339
....377.075(4)(1) 294
GEOPHYSICAL OPERATIONS
Exemption summaries
.. ...........377.2408(3)
GEOPHYSICAL PERMITS
Department of Natural Resources
Exemption summaries..
295
........377.2424(3) 295
GRAND JURY PROCEEDINGS
419
GOVERNMENT- IN-THE -sUNsHINE- MANUAL
Grand jury
Exemption summaries
.......905.24
GOVERNMENTAL EFFICIENCY HOTLINE
Identily confidentiality..... ...............
.....................................1~3250)
GOVERNOR
Discussions bctvvcen Department of Management Services and governor
Exemption summaries.... ................ .......................... ..........110.201(4) 276
Governor's report to Legislature, etc.
Exemption summaries ................... .................................. .....27.151 270
State attorneys, executive order assigning or exchanging
Exemption summaries ...... ....................... ........................... ........27.151 270
GRAND JURY PROCEEDINGS
Exemption summaries.. .
...... ... .........905.17(I)et seq.
GROUP INSURANCE. See: INSURANCE
GUARANTEE ORGANIZATIONS
Filings made re guarantee agreements
Exemption summaries...... .............. .................. ......634.045(5)
Guarantee agreement provided by service warranty associations
Exemption summaries . .................... . .......634.4065(5)
GUARDIANS. See also: MINORS
Community Care for Disabled Aduhs Act
Written consent of legal guardian
Exemption summaries
Disabled adults, guardians of
Exemption summaries
Guardian ad litem
Security background investigation
Exemption summaries ..............
. ........410.605
......410.605
............39.821(1)
.............39.827(4)
Statewide Provider and Subscriber Assistance Program
Subscriber information
Exemption summaries..
Statewide Public Guardianship Office
Exemption summaries .... ............................
Victims of sexual offenses
Inmate blood test
Exemption summaries ..................
Vulnerable citizens ........
Wards
...408.7056(14)
...........744.7081
......... 951.27(2)
.. ......................744.7081
Exemption summaries.
............ 744.708(2)
H
H. LEE MOFFITT CANCER CENTER AND RESEARCH INSTITUTE
Confidential business information
Exemption summaries
...1004.43(8)
Meetings
Exemption summaries.
. 1004.43(9)
HANDlCAPPEDIDISABLED PERSONS
Blind persons. See that subject
Central records of developmentally disabled clients
Exemption summaries ............. ..................
................. 393.13(4)(i) I.
420
342
269
342
331
332
310
310
272
272
308
338
346
338
338
351
351
301
GOVERNMENT - IN- THE-SUNSHINE -MANUAL
Community Care for Disabled Adults Act
Disabled adults receiving services
Exemption summaries ........... ...............................
Deafpersons, hearing impaired. See: HEARING IMPAIRED
Department of Children and Family Services
Information received through files, reports, etc.
Exemption summaries .... ........ .. ...... ..........
Persons volunteering services to disabled adults
Exemption summaries .......... ................. ........................................410.605
Disability benefits, reports. See that subject
Discrimination. See that subject
Licensees, impaired
Board arpilat Commissioners
Exemption summaries .............
..........410.605
.............410.037
... ... 310.102(3)(e)
... 310.1 02(5)(a)
Registration of disabled citizens
Exemption summaries .................. ..................................
Speech impaired persons
Public Service Commission
Exemption summaries .......
Statewide Public Guardianship Office
Exemption summaries '" ..................
Taxpayer claiming exemption for disabled persons
Records of gross income produced by taxpayer
Exemption summaries .........................
Vocational rehabilitation. See that subject
.......... 252.355(5)
...427.705(6)
.....744.7081
...196.101(4)(c)
HARASSMENT
Victims. See that subject
HARBOR PILOTS
Impaired harbor pilots
Investigation, treatment
Exemption summaries ... .............
.... 310.102(3)(e)
.310.102(5)(a)
HATE CRIMES REPORTING ACT
Exemption summaries .......
.............. 877.19(3)
HAZARDOUS SUBSTANCES
Trade secrets
Exemption summaries
..............252.88(1) et seq.
HEALTH AND SANITATION
Agency for Health Care Administration
Identity of provider submitting information
Exemption summaries.. ........ ..408.061(8)
......... ................ .... ... ........................ ....................408.061(10)
Child support enforcement program
Exemption summaries
Florida Kidcare Program
Exemption summaries ".
Governmental health agencies
Exemption summaries .............. ....................
Health care provided under contract with Department of Corrections
Exemption summaries.. ............................... .. ..................... 945.602(7)(b)
Health maintenance organization records
Exemption summaries ....... ..................... ................ .... 641.55(5)(c) et seq.
.90.502(5)
...... .......409.821
.....405.02
421
310
310
310
290
290
283
312
338
281
290
290
341
284
308
308
274
309
307
346
332
GOVERNMENT - IN-THE -SUNsHINE- MANUAL
Hospitals. See that subject
Medical records, reports. See that subject
State Employees Group Health Self-Insurance Plan
Exemption summaries ........ . ...................
State universities
Records of university health support organizations
Exemption summaries.. ....,............
.. ...............110.123(9)
..1004.30
HEALTH CARE ADMINISTRATION, AGENCY FOR
Health maintenance organizations
Exemption summaries..
. . .. 641.55(5)(c) 332
..............641.515(2) et seq. 332
Incident reports
Exemption summaries
......... 395.0 197(7)
.............. .3950197(13)
Infannation on incidents and injuries
Exemption summaries ....................... ....................
Investigatory records
Exemption summaries ........ ........................ ..............
Medical Quality Assurance Division
Reports of final disciplinary actions.. ...............
Patient records
Exemption summaries .......
Pregnancy tennination, records concerning ...
Records obtained by department to be used for enforcement, etc.
Exemption summaries... . ...............
Records of licensed facilities obtained by
Exemption summaries ......
Specific provider contract reimbursement data
Exemption summaries .... .........................
.......3950197(13)
...........440.132
................395.0193(4)
..408.061(7)
..... 390.0112(3)
.. 641.515(2)
.395.0197(13)
............. 408.061 (1 )(d)
HEALTH CARE PRACTITIONERS
Reports filed by with Department of Health
Exemption summaries .,"
.456.051 (1)
HEALTH CARE PROVIDERS
Agency for Health Care Administration
Identity of health care provider submitting information
Exemption summaries ...... .............".
276
351
302
302
302
314
301
308
300
332
302
308
317
. ..408061(8) 308
408.061 (10) 308
408.061(1)(d) 308
Specific provider contract reimbursement data
Exemption summaries... ..............
Division of Workers' Compensation
Exemption summaries..
...........440.125 314
HEALTH, DEPARTMENT OF
Birth certificates, new
Exemption summaries..
.............. ....382.013(5) 298
..382.025(4) 299
............466.0275(2) 320
........466.022(3) et seq. 319
.............. .................466.041(3) 320
Dentist, complaints against
Exemption summaries.
Dentist, peer review infonnation re
Exemption summaries .....
Dentistry, Board of, reports of hepatitis
Exemption summaries ..................
Disciplinary action against physician
Records furnished to department
Exemption summaries .... ..............
456.073(2)
......456.073(4)
422
317
318
GOVERNMENT -IN- THE-SUN SHINE-MANUAL
............. ............ .456.073(9)(c)
................... ............... .456.076(3)(e)
..... ............ .......... 456.076( 5)(a)
.... ...... .............. ....................456.078(4)
.................. .... .......... .... ... ..................... ... .456.082
..... ...... ................ ....... ....458.331 (1 )(s)
.................... .... .....458337(3)
Emergency medical services
Reports to Department of Health
Exemption summaries .......... ..... . ........ ......... ..401.30(3)
Examination reports and records obtained by
Exemption summaries ............... .............
Exemption summaries ... ....................
Health care practitioners, filing reports with department
Exemption summaries.. .. . . . ..........
Information gathered by
Exemption summaries ..
Investigational drugs
Medical telecommunication and transportation, complaints concerning
Exemption summaries ..... ... . ...401.414(3)
Medical reports pertaining to condition of physicians
Exemption summaries ... .................. ...............
Officers, employees or persons under contract with department
Impaired osteopathic physicians, treatment programs for
Exemption summaries. ... ......... ........ .......459.016(3) et seq.
Patient's medical records
Exemption summaries .................
....641.515(2)
............... .456.046
.................456.051( 1)
.......................384.26(2)
....458.339(3)
......... ..459.018
.........456.051 (1)
...456.057(7)(a)
.........456057(10)
Osteopathic physicians accepting certificates to practice medicine
Patient records
Exemption summaries ..............
Osteopathic physicians
Patient care quality assurance
Exemption summaries ...... .................
Patient records
Exemption summaries ....... ..............................
.... . ... .................459.018
.. ..........459.017(3)
. ................381.0055(3)
...456.051(1)
............. 456.057(7)(a)
.. . . ..456.057( I 0)
...................458.341
Phenylketonuria and other disorders
Exemption summaries ........ ...................... ......................... .... 383.14(3)(d)
Physicians accepting license to practice medicine in state
Exemption summaries ..................... ..... ........ ......... ........458.339(3)
Prescription Drug Monitoring Program
Exemption summaries....
Quality assurance activities
Exemption summaries
............ 893.0551 (2)
............... 381.0055( J)
.... 381.0055(2)
Records, information, letters, and reports
Exemption summaries .................. .....................
Sexually transmissible disease infections, investigation of
Exemption summaries .........................
Trade secrets
Exemption summaries
Tuberculosis
Exemption summaries..
Veterinarians, mental and physical condition of
...............381.775
..384.26(2) et seq.
........................381.83
... .... . ........392.54(2) et seq.
423
318
318
318
318
318
318
319
306
332
317
317
299
306
319
319
319
317
317
317
319
319
297
317
317
317
319
299
319
341
297
297
297
299
297
300
GOVERNMENT- IN- THE-sUNsHINE- MANUAL
Exemption summaries
Veterinary medicine licensee
Exemption summaries
........474.2185
.... 474.214( I )(h)
HEALTH MAINTENANCE ORGANIZATIONS
Exemption summaries ...... ........................... ... . .......... 641.55(5)(c) et seg. 332
HEALTH SERVICES
Prepaid limited health service organization
Enrollees' diagnosis, treatment, health information
Exemption summaries. ................. ............... .......... 636.064(1) and (2) 332
................. ............................. ..............................636.064(2) 332
Proprietary tinancial information
Exemption summaries ... ................ ............. 636.064( I) and (2) 332
Exemption summaries... ........................... .......636.064(2) 332
School health services plan
Exemption summaries.... ........................ ........................ 381.0056(5)(a) 16 297
HEARING IMPAIRED. See also: HANDICAPPED/DISABLED PERSONS
Florida School for the Deaf and the Blind
Reference check information
Exemption summaries
Public Service Commission
Exemption summaries .................
.. 1002.36(7)(d)
....427.705(6)
HEARINGS
Adoption, hearing held in proceeding under
Exemption summaries..
Bail bondsmen
Exemption summaries. . . .............. .............
Commission on Human Relations
Exemption summaries ............. ........................... .
Department of Financial Services
Exemption summaries.. .
Department of Environmental Protection
Exemption summaries
Department of Financial Services
Exemption summaries
..63.162(1)
......... ....648.26(3)
..... 760.11(12)
..........655.033(6)
......403.111
. .....624.82( I)
.....626.631(2)
....634.201(3)
Dependency adjudicatory hearings
Exemption summaries ..... ................
Dependency proceedings
Exemption summaries..
Exceptional student placement hearings
Exemption summaries ..... ................"
Florida Adoption Act, hearings held in proceedings under
Exemption summaries. .................. ...................................63.162( I)
Guardian ad litem hearings
Exemption summaries.. ......""......
.... .....39.507(2)
..39.510(4)
...... 1003.57(1)(b)
..39.821(1)
... 39.827(4)
Money transmitters
Exemption summaries .....................
Parental rights
Hearings involving termination of
Exemption summaries ........ ............
Public Employees Relations Commission
Exemption summaries ...................
.............560.129
...39.809(4)
........... ....447.205(10)
424
321
321
349
312
274
333
338
334
307
327
328
331
271
271
350
274
272
272
324
272
315
GOVERNMENT- IN- THE -SUNSHINE - MANUAL
Salesmen of automobile warranties, registration of
Exemption summaries
Student expulsion hearings
Exemption summaries
HEPATITIS
Reports of hepatitis B carrier status
Exemption summaries..
HIGH-SPEED RAIL SYSTEMS. See: RAIL SYSTEMS
HIGHWAY SAFETY AND MOTOR VEHICLES, DEPARTMENT OF
Driver history records, release
Exemption summaries. .................
Driver license information
Releasing to courts for jury selection, exemption...
Florida Vessel Safety Law
Records kept by Department
Exemption summaries ......... ..................
Motor vehicle registration records
Exemption summaries
HISTORIC PRESERVATION
Hisloric Resources of the Department of State, division of
Infol11lation identifying archaeological sites..
University of West Florida
Identity of donor.. ...................... ......................
HOME HEALTH AGENCIES
Infol11lation about patients received by persons employed by, elc.
Exemption summaries ................
HOME IMPROVEMENT SALES
Department of Financial Services
Exemption summaries
HOME MEDICAL EQUIPMENT PROVIDER
Infol11lation about patients of
Exemption summaries
HOME IMPROVEMENT SALES
Department of Financial Services
Exemption summaries .......... ...................
Office of Financial Regulation
Exemption summaries
Exemption summaries.. ...............
HOME WARRANTY ASSOCIATION
Exemption summaries.
HOMEMAKERS
Displaced homemakers
Exemption summaries..
.....634.201(3) 331
...... 1006.07(1)(a) 352
......466.041 (3)
.322.20(3)
.. ..322.20(9)
....................328.40(3)
............. 320.05(2)
.....................267.135
.............267. I 732(8)
.. ...400.494(1) 306
.........................517.20 I 5
. .......400.945
..........520.9965
.............517.2015
........520.9965
...........634.348
............446.52
HOSPITALS
Complaints against hospitals
Investigations by Agency for Health Care Administration
Exemption summaries .. .......... 395.1046(3)
Department of Health
Exemption summaries. ............. . .............
Employees; home addresses, telephone numbers, etc., of
425
......458.337(3)
320
292
292
292
291
286
286
323
306
323
323
323
331
315
302
319
GOVERNMENT -IN- THE -sUNsHINE- MANUAL
Exemption summaries ...............
.....395.3025(10)
.........395.3025(11)
Infectious disease, patients with
Exemption summaries .....
Infonnation on incidents and injuries
Exemption summaries .................... ........................
Medical records, reports. See that subject
Meetings of committees and governing board
Exemption summaries ............. ......................
Patient medical records. See: PATIENT RECORDS
Physicians. See also that subject
Prescribing content and custody of limited access records
Exemption summaries.. ............. . .. ............. ......395.3025(9)
Research groups, medical societies, in-hospital medical staff committee
Exemption summaries ............. ...................... .................... .........405.02
.............395.1025
.........395.0197(13)
...395.0 197( 14)
HOUSE OF REPRESENTATIVES. See also: LEGISLATURE
Speaker of House
Governor's report, portion made to speaker
Exemption summaries ......"........",.. ....... .....
. . . ... ..27.151
HOUSING
Discrimination provisions re housing. See: DISCRIMINATION
Fair Housing Act
Conciliation agreement
Exemption summaries ...... ...........................
.........760.36
HUMAN RELATIONS, COMMISSION ON
Complaints fi led
Discriminatory housing
Exemption summaries.. .................. ............ ............760.34(1) 338
Generally
Exemption summaries ..................... ......... ...760.11(12) 338
Fact-finding or other investigations
Conducted by Commission on Human Relations
Exemption summaries ..................... ...................... ............ 112.3188(2) 277
HURRICANE LOSS
Exemption summaries
.... ... H...... .......627.0628(3)(1)
.. ................ .......627.06292
I
IDENTIFICATION
Department of State
Exemption summaries
..........................106.0706
IDENTITY OF PERSONS
Alcoholics, intoxicated persons
Exemption summaries
Animal trainers, etc.
Racing of animals, positive test results
Exemption summaries ........ . . .............
Audit workpapers and reports, revealing identity of individual
Exemption summaries ........ . .... ................
397.50 I (7)
....550.2415(1)(a)
H.20.055(5)(b)
Bidders
Department of Transportation bid analysis, etc.
Exemption summaries.. ................ ................ ................ ......337.168 293
Cancer registry, person whose condition or treatment has been reported to
426
303
303
302
302
302
303
307
270
338
328
329
275
305
324
269
GOVERNMENT -IN- THE-sUNsHINE-MANUAL
..385.202(3)
Exemption summaries .....................
Chief inspector general
Exemption summaries..
Child support, persons owing
Exemption summaries....
Compensation plan participants
Exemption summaries.
Complainants
Audits, complaints or infonnation of individuals
Exemption summaries ........ .................
Commission on Human Relations
Exemption summaries ..........
Nursing home records, etc.
Exemption summaries..
Contracts, participants in
Exemption summaries.
Correspondence held by the legislative branch
Disclosure revealing individual's identity..
Department of Children and Family
Exemption summaries.. ..................
Dependents of agency employees
Exemption summeries .........
Disabled adults
Community Care for Disabled Adults Act
Exemption summaries .................. ............. ............. ...........410.605
Infonnation received through files. etc., by Department of Children
and Family Services
Exemption summaries .........
Donors. See: DONORS, IDENTITY OF
Elderly persons
Informalion received through files, etc., by Department of Children
and Family Services
Exemption summaries
Florida Statewide Advocacy Council
Clients of ................ .................. ..................... 402.165(8)(b)
Law enforcement personnel. See: LAW ENFORCEMENT OFFICERS, PERSONNEL
Legislative investigating committee, fonner; identity...... ... 11.0431 (2)
Minors
..1123188(1)
.. . . ..409.2577
... ... ...112.215(7)
... 20.055(5)(b)
....760.11(12)
...........400.0077( I) et seq.
......112.21(1)
.......11.0431(2)
......402.166(8)
..119.071(4)(b)2
..........................410.037
..........410.037
Child support, persons owing
Exemption summaries....
Missing children
Exemption summaries ............. .
Victims. See that subject
Missing children
Exemption summaries.. ................
Names of specific persons, individuals, etc. See specific subjects
Parents
..........409.2577
................ 937.028( I)
............ 937.028( I)
Authority to release information.
...63.162(4)
. ...63.162(6)
Patients. See also: PATIENT RECORDS
Confidential infonnation generally, research
Exemption summaries ......... ................ .................405.03
Medical reports, adverse incident reports, treatment outcomes
Exemption summaries.. . . ............ . ........ 766.111 5(4)(c)
Petroleum Allocalion Act
lndividual supplier or companies
Exemption summaries ...... .
Spouses. See: SPOUSES
Statewide Provider and Subscriber Assistance Program
......377.701(4)
427
300
277
309
277
269
338
305
277
268
306
251
310
310
310
306
268
309
343
343
274
274
308
339
295
GOVERNMENT -IN- THE-sUNsHINE-MANUAL
Subscriber infonnation
Exemption summaries.. .............. ..................................... ..408.7056(14) 308
Tourism Marketing Corporation
Marketing or advertising research project, identity of persons responding
Exemption summaries... ............................. ..................288.1226(6) 288
Veterinary medicine licensee
Exemption summaries .............. .. ... .. .................. 474.214(1 )(h) 321
Victims
Child abuse
Exemption summaries ....................
Department of Corrections
Exemption summaries..
Indecent assault, etc.
Exemption summaries ".
Lewdness
Exemption summaries .,"
Sexual battery
Exemption summaries.. . ...............
Sexual otTenses
Exemption summaries, ...............
...794.024 et seq.
................ 945.10(1)
. .....794.024 et seg.
.......794.024 et seq.
................ 794.024 et seq.
...794.03
IMPEACHMENT
Legislative subpoena
Exemption summaries.
.......655.057(4)(b)
IMPROVEMENTS
Intemallmprovement Trust Fund, board of trustees of
Exemption summaries . ...........
.. ....... 253.025(6)(d) 284
..........259041(7)(e) 285
.........259.041(8)(c) 285
.. 253.025(7)(d) 284
Land acquisition
Exemption summaries ................. . ..................
Offers or counteroffers
Exemption summaries p' . ..................
INDECENT ASSAULT
Victims
Exemption summaries
.................92.56
...794.024 et seq.
INDICTMENTS
Grand jury proceedings
Exemption summaries..
. ....................905.26
................. 905.28( I)
...905.395
INDUSTRIAL DEVELOPMENT AUTHORITY
Request for papers, etc.
Exemption summaries.
...... ....... ................... ......... .288.075
INFECTIOUS DISEASE. See: DISEASES
INFORMATION
Division of Library and Infonnation Services. See: LIBRARIES
INMATES. See: PRISONERS
INSPECTIONS
Birth center clinical records
428
341
346
341
341
341
341
335
274
341
342
342
342
288
GOVERNMENT-IN-THE-s UNsHIN E-MANUAL
Exemption summaries
.......383.32(3)
.... .................................383.325
Birth center inspection reports
Exemption summaries
.............. .383 .325
................... .383 .325
Estates, inventories of property of - inspections
Exemption summaries .............................
Licensed facilities, inspection reports
Exemption summaries ......................
....733.604(1)(b)
....... 395.0 162(2)
INSTRUCTIONAL MATERIALS. See: SCHOOLS
INSURANCE
Agency for Health Care Administration
Health insurers, specific provider contract reimbursement data
Exemption summaries ................. ........................... .. 408.061(1)(d)
Identity of health care insurer submitting infonnation
Exemption summaries ....................... ..........................
.. 408.061 (8)
...408.061 (10)
Board of Governors, SeJtclnsurance Program
Exemption summaries .......".... .
Citizens Property Insurance Corporation
Records ......
Meetings.. .
Complaints
Exemption summaries
Department of Financial Services
Bail bondsman licensure application
Exemption summaries ..........
Consumer confidential information
Exemption summaries.
Continuing Care Advisory Council
Exemption summaries..
Emergency orders
Exemption summaries ....... ................ ............. .............
Florida Life and Health Insurance Guaranty Association
Reports and recommendations
Exemption summaries... ......................
Florida insurance code
Exemption summaries.. ................. .
Florida Selt~lnsurance Guaranty Association
Exemption summaries.. ...............
.....1 004.24(4)
.. ...... ........627.351(6)(x)1
.. . .. 627.351 (6)(x)4
......... 626.60 1(6)
.. ..... .......648.34(3)
.......... .......624.23
.....651.121(5)(c)
.624.310(3)(f)
. .......................63 I . 723( I)
..626.9651
.........440.385 I
......631.93 I
Initial risk-based capital reports
Exemption summaries .........
................ ..624.40851(1)
............. ....624.40851(2)
Life insurance companies
Exemption summaries
Meetings
Meetings with supervisors or representatives
Exemption summaries.. . ...........
Notices, orders, etc., in possession of department
Exemption summaries... .............
Prepaid limited health service organization investigations
Exemption summaries ............. .. ..........
Provisions re department
Exemption summaries.... ....................... .
Small health insurance carriers
Exemption summaries... ............ ...................... ................ 627.6699(8)(c)
...... 625.121 (3)(a) 10.
.................. ....624.86
... ..624.82(1)
......... 636064(3)
...........624.319(3) et seg.
429
299
299
299
299
336
301
308
308
308
350
329
329
328
333
326
334
326
330
328
314
331
327
327
327
327
327
332
326
329
GOVERNMENT- IN- THE-sUNsHINE-MANUAL
Statewide Provider and Subscriber Assistance Program
Exemption summaries...... .................................... .................408.7056(14)
Surplus line agents
Trade secret
Exemption summaries .... .
Title insurance agents
Applications
Exemption summaries.. .
Term ination
Exemption summaries
Trade secrets
Exemption summaries ............... .
... ............626.92](8)
...................626.842(3 )
...626.8433(3)
...626.884(2)
.626.921(8)
Department of Labor and Employment Security
Maintaining reports from self-insurers
Exemption summaries ...... ............................... ......440.515
Exemption summaries ........... .................. . .....631.62(2)
Board of Directors of Florida Life and Health Insurance Guaranty
Association, Inc...... . ................. ............. ......63].723(])
... ................. .............................. . ...............63].723(3)
Claimants, names of...... .............. 627.9]26(3)(a)6.
Department of Financial Services. See herein thai subject
Division of Risk Management of Department of Financial Services..284.40(2)
Fraud..... ...................... . ...........626.989(5)
.................. . ..................... .. ........ 633.175(5)
Joint Underwriting Association.. ..................... .. 627.351(4)(g)
Municipal Group Insurance Plan, etc. ..... .......... 112.08(7)
Professional liability claims .................... .................. 627.912(2)(e)
Records of insurance claim negotiations ..... .. 624.3] ] (2)
Solvency, liquidation, etc., of member insure!..... ........631.398(])
State Employees Group Health Self-Insurance Plan......... .1]0.20](4)
State group insurance programs ........... . ................... I] 0.123(9)
Florida Insurance Guaranty Association. . ............ ..................63] .582
Hurricane Loss
Exemption summaries .... . .....................
Insured values, reports; exemption summaries.
Audit report ..
Life and Health Insurance Guaranty Association
Negotiations and meetings
Exemption summaries.. . ................631.724
Exemption summaries ................ .625.12 ](3)(a) 10.
Medical condition or medical status of state employees; insurance benefits
Exemption summaries ....... .................... ................................ 760.50(5)
..627.0628(3)(f)
. .....215.557
215.555(4)(f)
INTELLIGENCE RECORDS
Criminal intelligence or criminal investigative infonnation. See that subject
]NTERDlSC]PLlNARY TEAMS
Exemption summaries
..... ...402.22(3)
INTERNAL REVENUE SERVICE
lnfonnation-sharing agreement
Return infonnation, documentation
Exemption summaries
308
328
328
328
328
328
3]4
330
330
331
330
287
328
331
329
276
330
326
330
276
276
330
328
283
283
331
327
339
307
. 'dd"d.213.28(6) 283
INTOXICATING LIQUOR, INTOXICATION. See: ALCOHOLISM
INVENTORIES
430
GOVERNMENT- IN- THE-sUNsHINE- MANUAL
Estates, inventories of property of
Exemption summaries ............ ............. ....... ....................... 733.604(1)(b) 336
INVESTIGATIONS
Agency for Health Care Administration
Complaints against hospital
Exemption summaries .............................. .......................... .....395.1046(3)
Investigatory records
Exemption summaries ....... ....................... ....... .. ................ ..........440.132
Attorney General
Exemption summaries ...........
Bail bond licensee
Exemption summaries ................... ................
Board of Dentistry, investigations re hepatitis
Exemption summaries ............................
Continuing Care Contracts
Exemption summaries ....................... .................. ..... ...........651.134
Criminal intelligence or criminal investigative information. See that subject
Criminal Justice Standards and Training Commission
Exemption summaries "'"
Dentist, complaints against
Exemption summaries .............. .............. ................
Department of Agriculture and Consumer Services
Exemption summaries ................. ..................
Department of Business and Professional Regulation
Exemption summaries., ... . ......,..
Department of Corrections
Exemption summaries ". ... .............
Department of Financial Services
Exemption summaries
.542.28(9)
........... 648.46(3)
.....................466.041 (3)
.......... 943.1395(6)(b)
...466.0275(2)
........500.148(3 )
....455.225(4)
....945.10(1)
....... .................... ...........17.0401
.... ............................494.00125
.. .........................517.2015
......................... ............... ............520.9965
...... ...... ...................... ... ......... ......624.319(3) et seg.
.... ...... ................................ ... ................687.144(6)
....................... . ... .......................... .........717.1301(5)
Prepaid limited health service organization
Exemption summaries....
.........636.064(3) 332
Department of Health
Complaint investigations re birth center clinical records
Exemption summaries ......... ... ............, ...... .....................
..383.32(3)
..........383.325
302
314
323
333
320
334
345
320
322
316
346
268
322
323
323
326
335
336
299
299
Medical telecommunication
Exemption summaries ................ .........................401.414(3) 306
Sexually transmissible disease
Exemption summaries.. ........384.26(2) et seg. 299
Department of Labor and Employment Security
Exemption summaries.. ...................447.045 315
Department of Legal Affairs
Exemption summaries. .................. .............607.0505(6) 326
Department of Lottery
Division of Security Investigations
Exemption summaries............... .......................... .......24.105(12)(a) 269
Department of State
Private investigator, private security and repossession services
Exemption summaries..................... . ............. ...493.6121(8) 321
Division of Workers' Compensation
431
GOVERNMENT -IN- THE-sUNsHINE-MANUAL
Investigatory records
Exemption summaries '"
........................... ......440.108
...... ..440.125
Drug and Cosmetic Act
Exemption summaries.. .................
Education Testing.. ...........................
Elections Commission, complaints filed with
Exemption summaries ...................... .................
Ethics Commission or Commission on Ethics and Public Trust.....
Executive branch lobbyists, sworn complaints
Exemption summaries,
Executive Clemency, Board of
Exemption summaries",
Expenditures, investigations of boards or commissions
Exemption summaries..
Fires
Exemption summaries..
Funeral and Cemetery Services Act
Exemption summaries ....................
Guardian ad litcm
Security background investigation
Exemption summaries.. .................
Harbor pilots, impaired
Investigation, treatment
Exemption summaries .....................
.499.051(7)
1008.24(3)(b)
.........106.25(7)
........112324(2)(a)
.........112.3215(8)(b)
........14.28
.. ..30.49(3)
. ...............633.111
.................497.172
.......39821(1)
. .............. .............. .310.102(3)(e)
.................... ........ 310.102(5)(a)
................626.521(5)
Insurance, claims investigators
Exemption summaries."
Insurance fraud
Exemption summaries ..........
....626.989(5)
..........633.175(5)
Law enforcement officers, complaints filed against
Exemption summaries ..... . ................... ............112.533(2)(a)
Legislative investigating committee, fonner; portions of records.. ........ 11.0431(2)
Liquefied petroleum gas accidents
Exemption summaries.. . ..............
Medicaid recipients
Exemption summaries... ............... .............. .........409.91 O(l7)(d) et seq.
Medical examiners
Investigating district or associate medical examiner
Exemption summaries ........."".,..... ............. ...............
Money transm itters
Exemption summaries ............. ........"...........
Motor Fuel Marketing Practices Act
Investigations of alleged violations
Exemption summaries .................
Office of Financial Regulation
Exemption summaries..
Osteopathic physicians
Exemption summaries.... ............. .. ..........
Petroleum gas or equipment, accidents involving
Exemption summaries..
Proceedings of probable cause panel
Exemption summaries ........
Prospecting, rock grades, secret processes, etc.
Exemption summaries.. . .........."..
Public officials and employees, misconduct
Exemption summaries ..
....... 527.062( I)
313
314
322
353
275
278
277
268
270
331
322
272
290
290
327
328
331
278
268
323
309
.... 406.075(3)(b) 308
...............560.129 324
.... 526.311(2) 323
.......288.99(15) 290
...459.017(3) 319
. ....527062(1) 323
.455225(4) 316
378.406(1)(a) 296
..... 943.03(2) 343
432
GOVERNMENT - IN- THE-s UNsHINE-MANUAL
INVESTMENTS
Administration, State Board of
Exemption summaries..
......... 2 I 5.44(8)(b)
283
IRS. See: INTERNAL REVENUE SERVICE
J
JAILS. See also: CORRECTIONAL FACILITIES
Prisoners. See that subject
JOHN AND MABLE RINGLlNG MUSEUM OF ART
Donor infonnation
Exemption summaries
.......... 1004.45(2)(h)
351
JOINT UNDERWRITING ASSOCIATION
Exemption summaries .........
................ 627.351 (4)(g) 329
JOURNALS OF SENATE. See: SENATE JOURNALS
JUNIOR COLLEGES. See: SCHOOLS
JURIES
Confidential jurors notes .................
Driver license infonnation
Releasing to courts for jury selection, exempli on
Grand jury proceedings. See that subject
....40.50(2)
...322.20(9)
272
292
JURISDICTION
Criminal justice agencies honoring request of other jurisdictions
Exemption summaries ......... .......................
................943.059
.....943.0585
345
344
JUVENILES. See: MINORS
JUVENILE JUSTICE DEPARTMENT EMPLOYEE PERSONAL INFORMATION
Exemption summaries.... ............. ................. .... 119.071(4)(d)1 251
L
LABOR AND EMPLOYMENT SECURITY, DEPARTMENT OF
Division of Vocational Rehabilitation
Exemption summaries
Exemption summaries
Maintaining reports from self-insurers
Exemption summaries..
.....413.341 311
.447.045 315
.........440.515314
LABOR, DEPARTMENT OF
Division of Worker's Compensation, additional infomlation provided to
Exemption summaries. ................... . ....440.125 314
LABOR ORGANIZATIONS
Commission on Human Relations
Exemption summaries .........
........ 760.11(12)
338
LABOR PRACTICES
Collective bargaining. See that subject
LABORATORY TESTS
433
GOVERNMENT -IN-THE -SUNSHINE- MANUAL
Department of Business and Professional Regulation
Providing infonnation to law enforcement agency
Exemption summaries ......... .. .................... .........................455.225(10)
Fingerprints of children for purpose of identification
Releasing to law enforcement agency
Exemption summaries ............... .
Intelligence information
Exemption summaries
Pawnbrokers
Exemption summaries..
Police departments. See also that subject
Records containing specific identifying information
Exemption summaries ...
Drug testing programs
Exemption summaries ........
LAND SALES
Division of Condominiums, Timeshares, and Mobile Homes
Time-share plans
Exemption summaries '" ...........,...,.....
Trust fund, books and financial records
Exemption summaries ............. ............ .
LAW ENFORCEMENT AGENCIES
Attorney General
Submitting evidence
Exemption summaries ....
Department of Financial Services
Submission of records to law enforcement agencies
Exemption summaries .......................
.........q............ ..........."............ ....q......................
LAW ENFORCEMENT, DEPARTMENT OF
Criminal justice infonnation
Exemption summaries
Investigations by department, provisions re audits
Exemption summaries ...
Law enforce investigative funds
Exemption summaries .........
LAW ENFORCEMENT OFFICERS, PERSONNEL
Complaints filed against
Exemption summaries ".. ..............
Public Records Act (Section C)
Exemption summaries ......................
Revocation of certification
Exemption summaries .....
LAW LIBRARY. See: LIBRARIES
LEASES
440.102(8) 313
.......721.071
. ........P 723.006(3)
ppp 542.28(9)
...........517.2015
717.1301(5)
....937028(1 )
p 93408( I )(b)
...539.003
...934.33(7)
. ...943.057
..p..206.27(2)
925.055(2)
...I 12.533(2)(a)
.119071(4)(d)1
.........943.1395(6)(b)
336
336
323
323
336
316
343
343
181
343
344
281
343
278
251
345
Deepwater ports
Sale, use or lease of port facilities.. ................... ..315.18 291
Hospitals, leasing by private corporations or other public health care facilities
Exemption summaries ................ . .........395.3036 304
434
GOVERNMENT -IN- THE-SUNSHIN E-MANUAL
Security systems for property leased to state, etc.
Exemption summaries ......... . .. .............,.................
. ......281.301
LEGAL AFFAIRS, DEPARTMENT OF
Claims for crime victim compensation
Exemption summaries ,.. .....................
Criminal intelligence Of investigative information
Exemption summaries ......... ...."..........
Identifying victims seeking payment of medical expenses
Exemption summaries.
Investigations
Exemption summaries ...................
Testimony obtained by
Exemption summaries
,.960.15 347
........501.2065 322
... 960.28(4) 347
..... 6070505(6) 326
...607.0505(6) 326
LEGAL COUNSEL
Attorneys' fees. See also that subject
LEGISLATIVE EMPLOYEES
Florida Statutes - Legislative records; exemptions from public disclosure.
Revealing contents or nature of request for services
Exemption summaries ..... .
11.0431(2)
..... 11.26( I)
LEGISLATURE
Complaints against
Governor's report to Legislature
Exemption summaries ..... .""......."
House of Representatives. See also that subject
Legislative subpoena
Exemption summaries
Senate. See also that subject
.....27.151
..........655057(4)(b)
LEWDNESS, LASCIVIOUSNESS
Victims of crime
Revealing identity
Exemption summaries.
...,.......92.56
.....794,024 et seq.
LIBRARIES
Archival material
Exemption summaries .....
Division of Library and Infonnation Services
Records placed in keeping of division
Exemption summaries ....
Public library registration and circulation records
Exemption summaries...
.......257.38
.......257.38
......257.261
LICENSES AND PERMITS
Agency for Health Care Administration
Records of licensed facilities
Exemption summaries..
Applicants for licenses
Child support enforcement
Disclosure of license applicant's social security number..
......395.0197(13)
.....455.213(9)
..456.013(12)
....648.34(3)
..648.46(3)
Bail bond licensee
Exemption summaries..
435
287
268
268
270
335
274
341
285
285
285
302
315
317
333
333
GOVERNMENT - IN- THE-SUNSHINE-MANUAL
Beverage license applicants
Exemption summaries. ............. ............................
Birth center inspection reports, audit by licensure personnel
Exemption summaries. .. . .................
. 56119(2)(b)
. ....................383.325
...... .. . .............. .............383.325
Child care facility
Exemption summaries .."..........
Department of Business and Professional Regulation
Alleged violations of state professional licensing laws
Exemption summaries.. .......................
Reviewing licensure examination questions
Exemption summaries ...................... .
..402308(3)(a)
............ .....337.162
. ...... ...HH.... ..........455.217(5)
..................................471.038(7)
Department of Health
Reviewing licensure examination questions
Exemption summaries ..................... . .....H............. ..............456.017(4)
Geophysical permit information
Department of Natural Resources sharing information
Exemption summaries ....... ..................377.2424(3)
Governing bodies of licensed facilities
Proceedings and records
Exemption summaries.. ............. ......................... .. .....395.0193(4)
Insurance agents, licensing
Exemption summaries .................. .......626.511(3) et seq.
Motor vehicle licenses
Provisions re Department of Highway Safety and Motor Vehicles
Exemption summaries ..... .....322.125(3)
................... ................ ............... .......322.125(4)
Osteopathic physicians accepting license to practice medicine
Exemption summaries .................. . . .................
Prints of photographic licenses
Exemption summaries . . .........
Private investigative, private security' and recovery services
Division of Licensing of the Department of State
Exemption summaries.. ........................ .........493.6121(5)
Residence telephone number and residence address of certain licensees
Exemption summaries ...... .. ..........
Veterinary medicine licensee
Refusal to comply with orders
Exemption summaries..
. .....459.017(3)
.. ....H.......322.142(4)
.....493.6122
..... 474.214(1)(h)
324
299
299
307
292
315
320
317
295
301
327
291
291
319
292
321
321
321
LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION
Negotiations and meetings
Exemption summaries .......... .......................
LITIGATION
Claim files maintained by risk management programs
Exemption summaries ...................... ..................... 768.28( l6)(b) 340
Malpractice claims
Examination reports
Exemption sommaries ......... ........................ ..............766.106(6)(b)3 339
Public body engaged in litigation
Attorney-client sessions
Exemption summaries ................... .............. . ...........................286.011(8) 287
Risk management programs
Meetings, proceedings
Evaluation, compromise of claims
Exemption summaries.. ..... 768.28( 16)(d) 340
........631.724
LOANS
436
331
GOVERNMENT -IN-THE-SUNSHIN E - MANUAL
Florida Export Finance Corporation
Loan applicants
Exemption summaries .............
Loan brokers, investigations
Exemption summaries .,. .........................
"HH" 288776(3)(d) 289
.......687.144(6) 335
LOBBYISTS
Ethical conduct investigations
Exemption summaries ............
Executive branch lobbyists, etc.
Exemption summaries.
Investigation records
Exemption summaries..
............. 11045(5)(b)
..112.3215(8)(b)
..112.3215(8)
268
277
277
LONG-TERM CARE OMBUDSMAN COUNCILS
Exemption summaries.. ....,........ .
..........400.0077( I)
HH.........4000077(2)
305
305
LOTTERY, DEPARTMENT OF
Exemption summaries..
...24.1 05( 12)(a) et seq.
269
M
MAGAZINES. See: MEDIA, NEWS
MANAGEMENT SERVICES, DEPARTMENT OF
Emergency services, 911 telephone system
Wireless 911 Board, Department of Management Services
Exemption summaries.. ............. ................. ....365.174 294
Exemption discussions between department and Governor
Exemption summaries......... ............... ...110.201(4) 276
Studies of evaluation process
Exemption summaries... ................ . ...................... ....... 255.25001(2)(b) 285
MANUFACTURE, PRODUCTION
Exemption summaries
Trade secrets, patents, secret processes, etc.
Development Finance Corporation applicants. ..288.9607(5) 289
Export trading companies... ................. ................... ........125.025 279
Florida Export Finance Corporation
Loan applicants........ ............... .................... .....288.776(3)(d) 289
Florida Institute of Phosphate Research, research conducted 378.10 I (3)(b) 296
Information discovered by
Department of Environmental Protection.. .. ...................403.111 307
Quick-Response Training Program. . ........... ...............288.047(7) 288
Transportation-related projects.......... ... .......... .....125.012(26) 279
MAPS
Public Service Commission, maps of
Exemption summaries ......
...........350.121
293
MARITAL STATUS
Marital status of fetal death records
Exemption summaries ........
H382.008(6)
298
MEDIA, NEWS (Newspapers, magazines, radio, television, etc.)
Court proceedings, publication of names of parties
437
GOVERN MENT- IN -THE -SUNSHIN E- MANUAL
Exemption summaries .....................
Sexual offenses, cases concerning minors
Clearing courtroom of newspaper reporters, etc.
Exemption summaries ....... ................. .
Victims of sexual offenses
Printing, publishing, etc., identity
Exemption summaries .........................
MEDIATION PROCEEDINGS
Apalachicola-Chattahoochee-Flint River Basin Compact
Mediator, exemption summaries ..............
Funeral and Cemetery Services Act
Exemption summaries ".. ................
RV Pilot Mediation and Arbitration Program
Mediation conference conducted pursuant to
Exemption summaries ................. .. ...............
................742.09
..................918.16(1)
..............918.16(2)
...............794.03
....373.71(8)
.373.71(9)
. ...........497.172
..........681.1097(4)
MEDICAID
Agency for Health Care Administration
Information obtained and documents prepared pursuant to investigations
Exemption summaries .................. ......409.910(17)(d) et seq.
Medicaid Pharmaceutical and Therapeutics Committee
Exemption summaries ............. .
MEDICAL ADVISORY BOARD
Department of Highway Safety and Motor Vehicles
Board acting as consultant to department
Exemption summaries.....
MEDICAL AUTHORITIES
Correctional Medical Authority
Meetings
Exemption summaries..
MEDICAL EQUIPMENT
Home medical equipment provider
Information about patients of
Exemption summaries ....... .........................
MEDICAL EXAMINERS
Investigating district or associate medical examiner
Exemption summaries..
MEDICAL EXPENSES
Victims seeking payment of medical expenses
Exemption summaries
MEDICAL QUALITY ASSURANCE, DIVISION OF
Reports of final disciplinary actions taken.
MEDICAL RECORDS, REPORTS. See also: PATIENT RECORDS
Abortion
438
....409.91196(1)
409.91196(2)
.'HH...... ......H.. 322.125(3) 291
. .................. .322.125(4) 291
337
342
343
341
294
294
322
335
309
310
310
. . .. 945.602(7)(b) 346
.....400.945
........406075(3)(b)
...96028(4)
.....H395.0 193(4)
306
308
347
301
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
Minors teminating pregnancy
Exemption summaries
Birth center clinical records
Exemption summaries.,. "".........................
.390.0] 114(4)(e)
.... ......... ..... 383 .32(3)
. . ................ ...............383.325
Birth certificates, records. See that subject
Clinical records of persons subject to "The Baker Act"
Exemption summaries...
Correspondence held by the legislative branch
Disclosure revealing individual's identity.. .
County or municipal employees, records of
Exemption summaries..
Death and fetal death records
Exemption summaries ............. ..............
...3944615(1)
..... 11.0431(2)
.. 112.08(7)
.......... 382.008(6)
...382.025(2)
Department of Corrections
Exemption summaries ................
Department of Health
Exemption summaries..
Division ofWorker's Compensation of Department of Labor
Exemption summaries .. ...........
Educators Recovery Network Program
Exemption summaries ........ ...............
Health or life insurance benefits, persons covered by
Exemption summaries... ................ ..".................
Malpractice claims
Exam ination reports
Exemption summaries ..... ........................... ......766.l06(6)(b)3
Medical claims records of water management district employees, etc.
Exemption summaries... . ........... ...............112.08(8)
Nursing homes, medical records of
Exemption summaries..
Osteopathic physicians
Exemption summaries ............,..
State employees
Exemption summaries ,.
Veterans Home of Florida
Exemption summaries .............
Veterinarians
Exemption summaries
.................945.10(1)
... ...458.339(3)
..... .....440.125
.1012.798(11)
............760.50(5)
................. 400.022( I )(m)
..........459.017(3 )
........110.201(4)
.....296.09(1)
.........474.2185
Wards
300
299
299
301
268
276
298
298
346
319
314
354
339
339
276
305
319
276
290
321
... 744.708(2) 338
Exemption summaries. ....................
Workers' Compensation, Division of
Exemption summaries ......... .. . ..............
.....440.125 314
MEDICAL REVIEW COMMITTEES
Advisory reports provided to Department of Business and Professional Regulation
Exemption summaries... .. ................. .766.101(7)(c) 339
Correctional Medical Authority or Department of Corrections
Exemption summaries ... ... 945.6032(3) 346
Medical peer review activities
Exemption summaries......... ............................... . ....381.0055(3) 297
MEDICAL SERVICES, EMERGENCY
Reports or documentation. quality assurance activities
439
GOVERNMENT - IN- THE-S UNSHINE-MANUAL
Exemption summaries '"
Reports to Department of Health
Exemption summaries ...
MEDICAL SOCIETIES
Exemption summaries .......
MEDICAL TECHNICIANS, EMERGENCY
Exemption summaries
MEDICAL TELECOMMUNICATION AND TRANSPORTATION
Complaints concerning violation
Exemption summaries .................... .................
MEDICINAL DRUGS. See: DRUGS
MEETINGS. See: PUBLIC MEETINGS
MENTAL HEALTH
Vulnerable citizens, mental of
Statewide Public Guardianship Office
Exemption summaries ........ .....................,
MENTAL HEALTH PROGRAMS OR FACILITIES
Baker Act, the. See that subject
Department of Corrections
Exemption summaries ........
Exemption summaries.. .............
MENTAL QUALIFICATIONS
Licensed drivers
Review of Medical Advisory Board
Exemption summaries..
MILITARY BASES
Florida Council on Military Base and Mission Support
Exemption summaries .".......... . ...............
MILK AND MILK PRODUCTS
Dairy industry business
Trade secrets
Exemption summaries..
MINERALS
Mineral exploration
Exemption summaries ....,..
Persons severing solid minerals from soils
Tax returns
Exemption summaries ....... ...............
Prospecting, rock grades, secret processes, etc.
Exemption summaries.. . ................. .
MINORS (Children, juveniles, etc.)
Abortion
Minors teminating pregnancy
440
401.425(5)
. .401.30(3)
...........405.02
. ................395.1025
...401.414(3)
.. . .............744.7081
................ ...94510(1)
.......394907(7)
...322.125(3) 291
..322.125(4) 291
........... ..288.985
.....502.222
............377.2421 (2)
.21133(5)
...... 378.406(1 )(a)
306
306
307
302
306
338
346
301
290
323
295
282
296
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
Exemption summaries ............
Abuse. See: CHILD ABUSE
Adoption
..............390.01 I 14(4)(e)
Exemption summaries ......... ..................... ............63.022(4)U) 273
.................. ............. .............. ... .....63.089(8) 273
......................n.. ..............n.. ............... .............63.162(1) 274
................. ..................n. .................... ..382017(1) 298
Background checks required for certain positions, use of criminal records
Exemption summaries ........... ...........110.1127(3)(d) 275
. . ......... . ................110.1127(3)(e) 275
...................... .................... .................. 98504( I) 347
Birth certifIcates, records. See that subject
Child abuse. See that subject
Child support enforcement program
Exemption summaries
Children in need of services
Exemption summaries..
. . ...90.502(5)
.984.06(3 )
.. nn.984.06(4)
Crim inal records
Releasing infonnation from
Exemption summaries ......,....... .............. ..............
Department of Children and Family Services. See:
CHILDREN AND FAMILY SERVICES, DEPARTMENT OF
Department of Juvenile Justice
Children committing delinquent acts, etc.
Exemption summaries .....
Disclosure of information
Exemption summaries..
Employment screening
Exemption summaries ...
Families and children in need of services
Exemption summaries, ..............
...409.175(12)
......... 985.04( I) et seq.
.........125.901(11)
............ 435.09 et seq.
..984.06(3)
.....984.06(4)
Family foster homes, residential child-caring facilities, etc.
Exemption summaries ......... ................. .. ...........
Family mediation proceedings
Exemption summaries
Information relating to mediation proceedings.
Fingerprints and photographs of juveniles
Taking fingerprints for purpose of identifYing missing children
Exemption summaries .... .. ..... 937.028( I)
Florida Kidcare Program
Exemption summaries..
Florida Putative Father registry
Exemption summaries ....".............. ................... .............
Guardian ad litem
Exemption summaries ..
Illegitimate chi ldren
Paternity proceedings
Exemption summaries ..................
Inmates arrested for sexual offenses, blood test
Victim is a minor
Exemption summaries.. ...............
Juvenile assessment center
Exemption summaries
Juvenile offenders
..409176(12)
............44.102(3 )
.61.183(3)
.......409.821
...63.0541
....61.404
. ..........742.091
.... 951.27(2)
......n..943.053(9)
44]
300
274
347
347
309
347
279
313
347
347
309
272
273
343
309
273
273
337
346
344
GOVERNMENT- IN-THE-SUNSHINE-MANUAL
Victims or minor victim's parent or guardian
Exemption summaries .... ............. .................................960.001 (8)
Parent locator service
Exemption summaries
Paternity records
Fetal death records
Exemption summaries .,... ............................
...........409.2577
..................... 382.008( 6)
. .. .. ...382.025(2)
Paternity suits
Exemption summaries ...............
Pregnancy of minor
Notice of termination of pregnancy
Exemption summaries ................
Public Records Act (Section C)
Exemption summaries ...... ... .................... ..................
Runaway youth centers
Information about clients
Exemption summaries..
Students. See: SCHOOLS
Victims of child abuse. See: CHILD ABUSE
Victims of sexual offenses, records revealing identity of
Court proceedings
Exemption summaries.. . ......,.........
.. .............742.091
.........390.01116
........119071(2)U)2
......................409.441 (5)
Vocational instruction. See: VOCATIONAL INSTRUCTION
Voluntary Prekindergarten Education Program
Exemption summaries ..... ......... . ................................
......918.16(1)
...........918.16(2)
. ....1002.72
MOBILE HOMES
Division of Florida Land Sales, Condominiums and Mobile Homes
Time-share plans
Exemption summaries ................ ..................... ........................721.071
Trust fund, books and financial records
Exemption summaries ......................
...723.006(3)
346
309
298
298
337
300
186
309
342
343
350
336
336
MONEY LAUNDERING
Florida Control of Money Laundering in Financial Institutions Act
Exemption summaries ......... .................. ........655.50(7) 335
MONEY TRANSMITTERS
Exemption summaries
MONEY TRANSMITTERS CODE
Exemption summaries ".
MORTGAGE BROKERS
Audited statements submitted
Exemption summaries .......
Department of Financial Services
Exemption summaries
. .. . ......560.129
................560.129
........................ .4940021
MOTOR FUEL MARKETING PRACTICES ACT
Exemption summaries ....................
MOTOR VEHICLES
Accident reports. See also that subject
Confidential registration certificates and registration license plates
442
....494.00125
.....526.311(2)
324
324
322
322
323
GOVERNMENT- IN-THE -SUNSHINE- MANUAL
..........320.025(3)
Exemption summaries ..."...... ..............................
Driver history record, release
Exemption summaries .....
Executive Branch Agency
Public Records Act (Section C)
Exemption summaries .................... ............. .... 119.0712(2)
Highway Safety and Motor Vehicles, Department of See that subject
Motor vehicle service agreement companies
Exemption summaries ..... .........................
Qualifications of person to operate vehicles
Disability reports used for purpose
Exemption summaries ........ ..........................322.126(3)
Registration and license plates issued under fictitious names
Exemption summaries .... ............................
Ridesharing. See that subject
Salesmen of automobile warranties
Exemption summaries...
.... ..........322.20(3)
.n'" 634.045(5)
. . ....320.025(3)
....634.201(3)
MUNICIPAL EMPLOYEES
Exemption summaries ..............
Medical records. See: MEDICAL RECORDS, REPORTS
......... .... 112.08(7) 276
MUNICIPAL HOUSING AUTHORITY. See: HOUSING
MUNICIPALITIES
Boards, commissions, etc., of municipal corporations. See:
BOARDS, COMMISSIONS, AGENCIES, AUTHORITIES
N
NAMES
Chief inspector general
Name or identity
Exemption summaries..
County tourism promotion agencies
Exemption summaries ...... .
Customers
Division of Consumer Services
Exemption summaries ...................
Department of Health
Names of persons subject to proceedings initiated by
Exemption summaries .. ...............................384.282(3)
Fictitious names
Confidential registration certificates, etc.
Exemption summaries .............
Financial institutions, authorized
Exemption summaries ........nn.
Injured persons
Claim report file done by insurer
Exemption summaries ........
Legislative investigating committee, former; names...
Minors
..112.3188(1)
.125.0104(9)(d)2.
... ....570.544(7)
.........................320025(3 )
...17.076(5)
......627.9I22(2)(e)
. .. .. 11.0431(2)
Victim, identity of See: VICTIMS
Patients
Infectious diseases, patients with
Exemption summaries
Persons reporting adult abuse, neglect, etc.
.. . ........395.1025
443
291
292
181
331
291
291
331
277
279
325
299
291
269
330
268
302
GOVERNMENT- IN -THE -SUNSHINE- MANUAL
....................... .415. I 07( 6)
Exemption summaries ....... ... ....... ........
Persons requesting emergency services
Exemption summaries ......
Public Service Commission, names provided to
Exemption summaries.. .
Researchers
Florida Institute of Phosphate Research
Exemption summaries .....................
Retirees
Exemption summaries
Victims
Child abuse
Exemption summaries
Indecent assault, etc.
Exemption summaries
Lewdness
Law enforcement records..
Sexual battery
Exemption summaries ....
Sexual offenses
Exemption summaries
NATIONAL ORIG]N
Discrimination. See that subject
NATURAL RESOURCES, DEPARTMENT OF
Appraisal reports, offers, etc.
Acquisition ofreal property
Exemption summaries. .................. .
Leasing plans, exploration budgets, etc.
Exemption summaries .......
Oil and gas resources
Exemption summaries ........ ... ...........
NEGLECT
Medicaid providers
Exemption summaries ......... .........,...... .............
Names of person reporting neglect of child, releasing
Exemption summaries ........... ......................
NEGOTIATIONS
Collective bargaining. See that subject
............365.171 (12)
........427.705(6 )
......378.101(3)(b)
........121.031(5) 278
............. .........92.56
......794.024 et seq.
.................... .......92.56 274
. ................. 794.024 et seq. 341
794.024 et seq.
................... ...........92.56
...................794.024 et seq.
...................92.56
..........794.03
373.139(3)(a)
.377.2408(3)
. .... 377.22(2)(h)
3]2
293
312
296
274
34]
341
274
341
247
341
294
295
295
.409.9]3(12) 310
...........39.202(5) 271
NEUROLOGICAL ]NJURIES
Florida Birth-Related Neurological Injury Compensation Association
Exemption summaries n" ,........................
NEWSPAPERS. See: MEDIA, NEWS
.....766.305(3)
.................766.314(8)
339
339
NONPROFIT CORPORATIONS, ORGANIZATIONS
Appraisal reports prepared for Board of Trustees of lntemallmprovement Trust Fund
Exemption summaries ......... . ................... ...253.025(6)(d) 284
................... .............. .............259.041 (7)(e) 285
444
GOYERNMENT- IN- THE-S UNSHINE-MANUAL
Independent not-for-profit agency authorized to administer citizen review panel
Exemption summaries.. ............. ............................... 39.702(5)(d) 271
NOTICES
Department of Financial Services
Exemption summaries .......
......... .............624.82(1)
NURSING HOMES
Patient records
Exemption summaries.. .
..... 400.022(1)(m)
o
OFFSHORE CONTINENTAL SHELF
Geologic exploration
Exemption summaries.
........................377.2421 (2)
OIL
Petroleum Allocation Act
Exemption summaries.
....... ........................ 377. 70 I (4)
OIL EXPLORATION
Exemption summaries,
...........377.2421(2)
OIL RESOURCES
Exemption summaries ..'
..............377.22(2)(h)
OMBUDSMAN COMMITTEES
Patient records
Exemption summaries.
...641.67
.........641.68
OMBUDSMAN COUNCILS
Records of long-term care facility ombudsmen councils
Exemption summaries....... . ......................... .. ............400.0077(1) 305
ORIGIN
Discrimination because of origin. See: DISCRIMINATION
OSTEOPATHIC PHYSICIANS
Medical reports pertaining to mental and physical condition
Exemption summaries '" ...............
Patient's medical records
Exemption summaries ........ ..... ..........
..459.017(3)
...........459.018
p
PARAMEDICS
Exemption summaries ",., ................ .
Transporting person with infectious disease
Exemption summaries..
...............395.1025
..........395.1025
PARENTAGE
Florida Putative Father registry
445
327
305
295
295
295
295
333
333
319
319
302
302
GOVERNMENT -IN- THE -SUNSHIN E- MANUAL
PATIENT RECORDS
Confidential status generally
Exemption summaries
Department of Health
Exemption summaries ..................
Drug abusers, records of
Exemption summaries..
Emergency calls containing patient examinations, etc.
Exemption summaries ....... ...............
Exemption summaries.
Forensic patient's clinical records
Exemption summaries..
Health Care Administration, Agency for
Exemption summaries ..... .......................... .....................408.061 (7) et seq.
Home health agencies, etc.. persons employed by
Exemption summaries..
Horne medical equipment provider
Information about patients of
Exemption summaries .................................
Involuntary placement
Independent expert's report
Exemption summaries.. ................
Long-tenn care facility ombudsmen councils
Exemption summaries....
Exemption summaries..
Gestational surrogacy
Exemption summaries ................
PARENTAL RIGHTS
Florida Putative Father registry
Exemption summaries ......
Exemption summaries
PARI-MUTUEL WAGERING, DIVISION OF
Racing of animals, positive test results
Exemption summaries .....
PAROLE AND PROBATION COMMISSION
Department of Corrections
Exemption summaries..
PASSWORDS
Department of State
Exemption summaries ......
PATENTS
Export trading companies
Exemption summaries.. .
Florida Institute of Phosphate Research
Exemption summaries ......
Transportation-related projects
Exemption summaries .....
PATERNITY SUITS
Exemption summaries ..............
446
.. ....63.0541
.... ..742.16(9)
.........63.0541
........ 39.809(4)
. . ......... ....39.814(3)
.......................... 39.814(4)
..... ..................39.815(4)
................39.815(5)
................ 550.2415( I )(a)
..... ...945.10(1)
.........106.0706
. ........................125.025
....378.101(3)(b)
......125012(26)
............742.091
........395.3025(8)
... ............456.046
. .. ........397.501(7)
. . ......... .......401.30(4)
.............395.3025(4)
...916.107(8)
.............. 400.494( I)
............... .400.945
....... 394.467(6)(a)2.
.........400.0077(1) et seq.
273
338
273
272
272
272
272
272
324
346
275
279
296
279
337
303
317
305
306
303
342
308
306
306
301
305
GOVERNMENT- IN- THE-SUNSH IN E- MANUAL
Osteopathic physician's office, records obtained during search of
Exemption summaries.. ............. ..................
Paramedics, etc., treating or transporting patients
Exemption summaries ...,..
Records obtained with patient's consent
Exemption summaries ......... ..........
State employees
Exemption summaries..
State group insurance programs
Exemption summaries
Trauma centers
Exemption summaries
Water management district employees, etc.
Exemption summaries..
Medical records, reports. See that subject
Ombudsman committees
Patient records
Exemption summaries ...................
PATIENT'S COMPENSATION FUND
Exemption summaries ......
PAWNBROKERS
Law enforcement records
Exemption summaries
PAYROLLS. See: SALARIES
PERMITS. See: LICENSES AND PERMITS
PERSONAL PROPERTY. See: PROPERTY
PESTICIDE REVIEW COUNCIL
Exemption summaries
PESTICIDES
Registration
Exemption summaries
PETROLEUM ALLOCATION ACT
Exemption summaries
PHARMACIES, PHARMACISTS
Pharmacy records
Exemptions reprint..
PHOSPHATE
Florida Institute of Phosphate Research
Exemption summaries ..............
PHOTOGRAPHS
Autopsies
Exemption summaries .....
Juveniles, disclosure and inspection of photographs
Exemption summaries.. ...............
Prints of photographic licenses
447
.......641.67
.....641.68
.459.018
...........395.1025
.. ...............458.341
............ 110.201(4)
.........110.123(9)
.. 395.4025(12)
........................112.08(8)
........................766.105(3)(e)2.
.........539.003
. 487.06 1 5(2)(c) 321
......487031(5) 32 I
................ 377.70 I (4)
...465.017(2)
333
333
319
302
319
276
276
304
276
339
323
295
319
................. 378.10 I (3 )(b) 296
..........406.135
.. . ...985.11
308
348
GOVERNMENT- IN- THE-SUNSHINE -MANUAL
Exemption summaries '"
Victims of sexual battery, child abuse, etc.
Exemption summaries.n .................
.....322.142(4)
.. ........ ......... .................92.56
...................794.024 et seq.
Vulnerable adults
Abuse investigations
Exemption summaries
. ... 415.1045(1)(a)
PHYSICIANS
Dentists. See also that subject
Department of Health
Exemption summaries ....... .
Disciplinary action
Exemption summaries.. .......................
Information submitted in reports from physicians
Exemption summaries ................... ..................................... ..381.0031(4)
Malpractice claims
Exam ination reports
Exemption summaries" .
Medical peer review activities
Exemption summaries ....... .............
Medical records, reports. See also that subject
Department of Health
Exemption summaries. .................
Records obtained during search of physician's office
Exemption summaries .... ...................
Osteopathic physicians
Medical reports pertaining to his mental and physical condition
Exemption summaries ........... ................. ..........459.017(3)
Patient records
Exemption summaries
Osteopathic physicians ....
Physician's fee schedule
Exemption summaries
.....381.0031(4)
.. ..458.337(3)
766.106(6)(b)3
.....381.0055(3)
. . ..458.339(3)
...458.341
......459.018
........459.017(3)
......................110.123(5)(a)
PLANT INDUSTRY
Trade secrets
Exemption summaries .................,.. .........................,...,.................581.199
POLICE DEPARTMENTS
Law enforcement agencies. See that subject
Law enforcement officers, personnel. See that subject
POLITICAL SUBDIVISIONS
Boards, commissions, etc. See:
BOARDS, COMMISSIONS, AGENCIES, AUTHORITIES
292
274
341
312
296
319
296
339
297
319
319
319
319
319
276
325
POLLUTION
Department of Environmental Protection
Pollution response action construction contracts
Exemption summaries.. .........................,... .........287.0595(3) 287
Federal Clean Air Act
Trade secrets
Exemption summaries .... ..............252.943 284
Pollution prevention act
Onsite technical assistance, proprietary infonnation obtained during
Exemption summaries.. ......................403.074(3) 307
PORTS
448
GOVERNMENT- IN- THE-SUNSHINE- MANUAL
Deepwater ports
Sale, use or lease of port facilities
.................315.18
PREGNANCY OF MINOR
Notice of termination of pregnancy
Exemption summaries .................... .
........ .............390.01 I 14(4)(e)
........................ .............390.01116
PREPAID LIMITED HEALTH SERVICE ORGANIZATIONS
Exemption summaries.. ...................
.. ..... ................636.064 332
PRESCRIPTIONS
Pharmacy records
Exemptions reprint..
.. .465.017(2)
PRESS. See: MEDIA, NEWS
PRETRIAL PROCEEDINGS. See: TRIALS
PRISONERS
AIDS. blood test results
Inmates arrested for sex offenses
.................................. ............. 951.27(2)
.......................... 960.003(3)
Inmates in detention facilities
Exemption summaries .......... ...............
Parole and Probation Commission. See that subject
Substance abuse service records
Exemption summaries ...............
........951.27(2)
.... ..............397.752
PRISONS. See: CORRECTIONAL FACILITIES
PRIVATE CORPORATIONS, ORGANIZATIONS. See also: CORPORATIONS
Correctional facilities, private entities operating
Sealed records
Exemption summaries..
.. 943 .053(5)
................... 943.053(8)
...........943.053(9)
... 943.053( I 0)
Nonprofit corporations, organizations. See that subject
Request to Division of Economic Development for records, reports, etc.
Exemption summaries ....... . .........288.075
PRIVATE INVESTIGATORS, PRIVATE SECURITY AND REPOSSESSION SERVICES
Department of State
Exemption summaries ..".... ..................,
Division of Licensing ofthe Department of State
Exemption summaries.
.......493.6121 (8)
...493.6121(5)
PRIVATE NONPROFIT CORPORArIONS. See:
NONPROFIT CORPORATIONS. ORGANIZATIONS
291
300
300
319
346
346
346
305
344
344
344
344
288
321
321
PROBABLE CAUSE PANELS
Complaints filed with Department of Business and Professional Regulation
Exemption summaries ......... . . ........455.225(10) 316
Proceedings
Exemption summaries.. ..455.225(4) 316
PROBATION. See: PAROLE AND PROBAIION COMMISSION
449
GOVERNMENT- IN-THE-SUNSHINE- MAN UAL
PRODUCERS (Persons severing solid minerals from soils, etc.)
Tax returns fi led by
Exemption summaries
.................... 211.33(5) 282
PROMOTIONAL PROGRAMS
Department of Citrus
Exemption summaries .,....
..................... 60 1.15(7)(d)
PROPERTY
Acquiring property
Acquiring property by municipality generally
Exemption summaries ..... .............
Administration, State Board of
Exemption summaries.. . .. .... 215.44(8)(a)
County acquiring real property by purchase, provisions generally
Exemption summaries .125.355(1)
Information form disclosing unusual fees, costs, etc.
Exemption summaries '"
Internal Improvement Trust Fund, Board of Trustees
Exemption summaries.... .............................. .... ................... 259.041(8)(c)
Water management districts, acquisition of real property by
Exemption summaries.. .. ......................... . .... ........ 373. I 39(3)(a)
Educational purpose, purchase for
Exemption summaries..
Estates. inventories of property of
Exemption summaries.... .................
Purchasing property. See herein: Acquiring Property
Security systems for property owned by or leased to state
Exemption summaries. ................. .....................
Taxation. See also that subject
Returns of property
Exemption summaries ...........
Unclaimed property
Disposition of Unclaimed Property Act
Exemption summaries .............."..........
.............166.045(1 )
......195.027(6)
..... 1013 14(1)(a)
...... 733.604(1 )(b)
..................281.301
..........193.074
..................... 717.1301 (5)
PROPERTY APPRAISER
Disabled persons
Records of gross income produced by taxpayer claiming...... 196.10 I (4)(c)
Exchange of information among Department of Revenue, property appraiser, etc.
Exemption summaries.... ............... 195.084( I)
Taxation provisions
Exemption summaries ....... ...............
.......193.074
...195.027(3)
Taxpayer's records in hands of appraiser
Exemption summaries.. .
....... 195.027(3)
PROSPECTING
Infonnation re prospecting, rock grades, etc.
Exemption summaries ................
Persons severing solid minerals from soils
Tax returns
Exemption summaries ..,.....
...378.406(1)(a)
...... 211.33(5)
PUBLIC EMPLOYEES RELATIONS COMMISSION
Deliberations of commission
Exemption summaries .....
.. ..447.205(10)
450
325
280
283
279
281
285
294
355
336
287
280
336
281
281
280
281
281
296
282
315
GOVERNMENT-IN -THE-SUNSHINE-MANUAL
PUBLIC FUNDS. See: FUNDS
PUBLIC INSPECTIONS. See: INSPECTIONS
PUBLIC OBLIGATIONS, REGISTERED. See: REGISTRATION
PUBLIC SAFETY. See: SAFETY
PUBLIC SCHOOLS. See: SCHOOLS
PUBLIC SERVICE COMMISSION
Names, addresses and telephone numbers provided to
Exemption summaries.. .. ........... .. ...........427.705(6) 312
Records, documents, papers, etc.
Exemption summaries ........ ................ ...........350.121 293
Records received by commission, request by telephone company
Exemption summaries ............... .............. ......364.183 293
Reports fi led by telecommunications company
Exemption summaries. ........................ ..................... ...364.18(2) 293
Exemption summaries. .. .............. ..........................366.093 294
Exemption summaries ... ......... ............... ...367.156 294
PURCHASES OF PROPERTY. See: PROPERTY
Q
QUALITY ASSURANCE
Emergency medical services
Reports or documentation, quality assurance activities
Exemption summaries ...........
Medical Quality Assurance, Division of. See that subject
Patient care qual ity assurance
Exemption summaries.. ...................
Trauma agency or committee
Exemption summaries....
Quality assurance activities
Exemption summaries ...................
...401.425(5)
306
.. ..381.0055(3)
297
... ..............395.51(3)
304
............. 381.0055( I)
. .............381.0055(2)
297
297
QUALITY ASSURANCE COMMITTEE
Incident reports and records of meetings
Exemption summaries .........
......400.119
305
QUASI-JUDICIAL POWERS
Disabled persons
Records of gross income produce by taxpayer claiming exemption
Exemption summaries ......... ............... 196.101 (4)(c) 281
QUICK-RESPONSE TRAINING PROGRAM
Trade secrets
Exemption summaries ......... .. ..................
Wages, performance infonnation
Exemption summaries ....... .............
....288.047(7) 288
.288.047(5)(e) 288
R
451
GOVERNMENT- IN- TH E-SUNSHIN E- MANUAL
RABIES VACCINATION CERTIFICATES
Exemption summaries ..
RACES
Racing of animals, positive test results
Exemption summaries .......
RACIAL DISCRIMINATION. See: DISCRIMINATION
RAPE
Victims of sexual battery, etc. See: VICTIMS
REAL PROPERTY. See: PROPERTY
.82830(5) 341
..... 550.2415(1 )(a)
RECORDS. See: PUBLIC RECORDS; See also: PUBLIC RECORDS ACT
RECOVERED MATERIALS DEALERS
Trade secrets
Exemption summaries..
RECREATION PROGRAMS
Public Records Act (Section C)
Exemption summaries
REFERENDUM. See: ELECTIONS
REGISTRATION
Birth certificates. See that subject
Department of Health
Maintaining confidential registry of cases
Exemption summaries...
Disabled citizens
Exemption summaries
Elections. See that subject
Family foster homes
Exemption summaries ,."
Florida Pesticide Law
Registrants
Exemption summaries .................
Motor vehicle registration
Exemption summaries .."," ..............
Pesticides
Exemption summaries.. .................
Public library registration and circulation records
Exemption summaries ...
Records with regard to registered public obligations
Exemption summaries ...
Salesmen of automobile warranties
Suspension, revocation of registration
Exemption summaries ................
REGISTRATION BOOKS, RECORDS
Elections. See that subject
RELATIVES
Minors. See also that subject
452
.. ........403.7046(2)
....... 4037046(3)(b)
..............119.071(5)(c)
.............383.14(3)(d)
. 252.355(5)
409.176(12)
324
307
307
256
299
283
309
.................. 487.0615(2)(c) 321
............. ...320.025(3) 291
...487.031(5) 321
...............257.261 285
.. "....... .....279.11 (I) 286
...... ........................ 634.20 1 (3)
331
GOVERNMENT- IN- THE-SUNSHINE-MANUAL
Spouses. See also that subject
RENTAL OF HOUSING
Discrimination. See that subject
REPOSSESSION SERVICES
Exemption summaries
.493,6121(8)
RESEARCH
Department of Corrections
Exemption summaries .............. .......................
Enterprise Florida Innovation Partnership
Exemption summaries..
Florida Commission on Tourism
Exemption summaries ".
Florida Institute of Phosphate Research
Exemption summaries ........ ..............
Research groups publishing released information, etc.
Exemption summaries.. .....................
. . . . . . . . . . . . . ..........945.10(1) 346
.....,288.9520 289
..........288.1224(7) 288
..378.101(3)(b) 296
...,........405.02 307
RESERVATION LISTS
Exemption summaries
..................... 125.0 I 04(9)(d) I.
RETIREMENT
Names and addresses of retirees
Exemption summaries
......121.031(5)
REVENUE, DEPARTMENT OF
Audits in records or files of department
Exemption summaries", .
Booking business records
Exemption summaries.
Certain currency transactions
Exemption summaries .........,......
Certified public accountants
Department of Revenue, entering into contracts with
Exemption summaries ............, ............. ................,..213.28(6)
Confidential information
Exemption summaries .............
Disabled persons
Records of gross income produced by taxpayer claiming
Exemption summaries........ .............. . .....196.101(4)(0)
Division of Ad Valorem Tax
Exemption summaries..
Furnishing copies of tax roll
Exemption summaries.... ................
Information form for purchase or sale of property
Exemption summaries..
Returns of property, etc.
In hands of Department
Exemption summaries...
Returns, reports, accounts, etc., generally
Exemption summaries ......n .
Tax records
Disabled persons, records of gross income produced by taxpayer claiming
Exemption summaries.... ... 196.101(4)(c)
Professional sports franchises... .....288.1162(8)
....20627(2)
..255.047(2)
. 896.102(2)
......213.27(6)
. .. 195096(2)(e)
...... 193.114(5)
...........195027(6)
. ............193.074
..........213.053(2)(a)
453
321
278
278
281
284
341
283
282
281
281
280
281
280
282
281
288