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Government-in-the-Sunshine Manual

Chapter updated: 03/11/2009

2008 Legislative Highlights




The following are some of the more significant actions which occurred during the 2008 regular legislative session relating to the public's right of access to meetings and records.

Judicial and Administrative Officials – 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 officers, and the home addresses, telephone numbers, places of employment, and/or schools and daycare facilities of the spouses and children of these officials are exempt from s. 119.071, F.S., if the official provides a written statement that he or she has made reasonable efforts to protect the information from access by the public. Chapter 2008-41, Laws of Florida, creating s. 119.071(4)(d)1.b., F.S.

Direct-Support Organization for Department of Veterans' Affairs – creates a public records exemption for the identities of, and information about, certain donors and prospective donors to the direct-support organization of the Department of Veterans' Affairs, including those parts of direct-support organization meetings during which the identities of the donors or prospective donors are discussed. Chapter 2008-85, Laws of Florida, creating section 292.055(9), F.S.

Sexual Violence Victims – personal identifying information contained in records documenting an act of sexual violence submitted to an employing agency by an employee are confidential and exempt from the Public Records Law. Chapter 2008-253, Laws of Florida, amending s. 741.313(7)(a), F.S.

Organ and Tissue Donor Registry – donor-identifying information maintained in the organ and tissue donor registry is exempt from the Public Records Law. Disclosure is allowed under certain circumstances to organ, tissue, and eye procurement agencies certified by the Agency for Health Care Administration or persons conducting research. Chapter 2008-223, Laws of Florida, creating s. 765.51551, F.S.

Complaint of Discrimination – expands the public records exemption for complaints and other records relating to a complaint of discrimination on the basis of 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 to apply to any governmental agency until probable cause is determined, the investigation becomes inactive, or the complaint or record is made part of the official record of any hearing or court proceeding. Chapter 2008-145, Laws of Florida, transferring, redesignating and amending s. 119.071(2)(g), F.S.

Putative Father Registry – reenacts and amends the exemption from the Public Records Law for information contained in the Florida Putative Father Registry; authorizes the disclosure to the birth mother of any registry entry identifying her, upon receipt of a notarized request. Chapter 2008-168, Laws of Florida, reenacting and amending s. 63.0541, F.S.

Victims of Child Abuse or Sex Crimes – reenacting and amending s. 119.071(2)(h), F.S., providing that certain criminal intelligence information or criminal investigative information is confidential and exempt including still and video images of victims of child abuse or sexual offenses and expanding the exemption to include sexual offenses prohibited as prostitution and obscenity. Creates exception for law enforcement and other government agencies and for media if a law enforcement agency believes disclosure would assist in locating a missing or endangered person. Amends 119.0714, F.S., creating exemption for confidential and exempt criminal intelligence information or investigative information part of a court file. Amends s. 794.03, F.S., allowing publication of information about sexual offense victim if a court determines the information is no longer confidential and exempt. Chapter 2008-234, Laws of Florida, reenacting and amending s. 119.071(2)(h), F.S.; amending s. 92.56, F.S.; amending 119.0714, F.S.; amending s. 794.03, F.S.

Florida Kidcare Program – reenacts and amends s. 409.821, F.S., regarding the Florida Kidcare program and authorizing the release of information to any governmental entity in the performance of its official duties and to the legal guardian of an enrollee. Chapter 2008-146, Laws of Florida; amending s. 409.821, F.S.

Department of Agriculture and Consumer Services – reenacting and amending s. 500.148, F.S., providing exemption for confidential information provided to the Department of Agriculture and consumer Services during an investigation on food safety or food-borne illness, as required for federal-state contract or partnership activity, or for regulatory review. Chapter 2008-218, Laws of Florida, amending s. 500.148, F.S.