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Press Releases
AG Opinions
- February 16, 2010
Public Records, social security numbers - February 16, 2010
Sunshine Law, board meeting discussing student records - December 17, 2009
Sunshine and Public Records--Florida's Great Northwest
Government-in-the-Sunshine Manual
Chapter updated: 03/19/20102009 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), F.S.
Education Records-- Education records, as defined in the Family Educational Rights and Privacy Act, 20 U.S.C. s. 1232g, and federal regulations 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 defined 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 F.S.
Student Records-- The rights of students and their parents with 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 postsecondary educational institutions, are required to be protected in accordance with the Family Educational Rights and Privacy Act, 20 U.S.C. s. 1232g, and implementing regulations. Chapter 2009-239, Laws of Florida, amending s. 1002.22 and creating s. 1002.225, F.S.
Education Testing-- The 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, F.S.
Estates-- Any inventory of an estate, whether initial, amended, or supplementary, filed with the clerk of court in conjunction with the administration of an estate is confidential and exempt as well as an inventory of an elective estate, whether initial, amended, or supplementary, filed with the clerk of the court in conjunction with an election 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 presented and discussed is closed as well as any records generated during the closed meeting. Chapter 2009- 156, Laws of Florida, creating s. 288.985, F.S.
Prescription Drug Monitoring Program-- Certain identifying 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 is confidential and exempt from disclosure. Chapter 2009-197, Laws of Florida, creating s. 893.0551, F.S.
Department of Agriculture and Consumer Services-- Financial information, medical information, school transcripts, examination questions, answers, papers, grades, and grading keys required of an applicant for licensure from the Board of Professional Surveyors and Mappers in the Department of Agriculture and Consumer Services are confidential and exempt and if challenged examination questions and answers are produced by the department in an administrative hearing, such examination questions and answers are confidential and exempt unless invalidated 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 creating or reviewing licensure examination questions or proposed examination questions are confidential and exempt and persons are prohibited from disseminating confidential information. In cases dismissed before a finding of probable cause, the department's investigative report is confidential. All proceedings of the panel are exempt from s. 286.011 until 10 days after probable cause has been found to exist by the panel or until the subject of the investigation waives confidentiality, and the complaint and all information obtained pursuant to the department's investigation are confidential and exempt until 10 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, this exemption does not apply to actions against unlicensed persons pursuant to s. 472.036. The department or board may charge a fee not to exceed $25 for the certification of a public record, the fee to be determined by rule of the 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 the department or Office of Insurance Regulation is exempt, the department or office shall disclose to the person in writing that the requested record will 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. Chapter 2009-70 Laws of Florida, creating s. 624.231, F.S
Department of Highway Safety and Motor Vehicles-- Personal information contained in state motor vehicle records is confidential and may only be released as provided in the federal Driver's Privacy Protection Act of 1994, 18 U.S.C. ss. 2721 et seq., and may not be used for mass commercial solicitation of clients for litigation against motor vehicle dealers. Chapter 2009-153, Laws of Florida, amending s. 119.0712, F.S.
Governmental Financial Information-- The Transparency Florida Act requires the establishment of a website by the Executive Office of the Governor, with oversight and management by the Legislative Auditing Committee, to provide information on 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 privileged attorney-client communications of the association, are 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 when procuring information technology commodities and contractual services to ensure compliance with 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 meetings, hearings, and workshops on the agency's website 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.


