The 2023 Florida Statutes (including Special Session C)
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. . . affirm the dismissal of Appellant's petition for writ of mandamus seeking records pursuant to section 119.07 . . .
. . . civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07 . . . In doing so, she cites section 119.07(1), Florida Statutes (2015), which provides in pertinent part: . . .
. . . See § 119.07(1)(g), Fla. . . .
. . . Stat. (2018) (identifying records which are "confidential and exempt from s. 119.07(1) and s. 24(a), . . . ("[a]ny information revealing surveillance techniques or procedures or personnel is exempt from s. 119.07 . . . that "[a]ny information revealing surveillance techniques or procedures or personnel is exempt from s. 119.07 . . . -Nothing in this chapter shall be construed to exempt from s. 119.07(1) a public record that was made . . . states: "Any information revealing surveillance techniques or procedures or personnel is exempt from s. 119.07 . . .
. . . subject of the appointment, including, but not limited to, records made confidential or exempt from s. 119.07 . . .
. . . (alterations in original) (quoting § 119.07(1)(a), Fla. Stat. (2016) ). . . .
. . . Gainesville Sun Publ'g Co. , 582 So.2d 725 (Fla. 1st DCA 1991) (interpreting an earlier version of section 119.07 . . .
. . . matter or activity regulated under the Florida Insurance Code ... are confidential and exempt from s. 119.07 . . .
. . . ." § 119.07(1)(a), Fla. Stat. (2010). . . . ." § 119.07(1)(c), Fla. Stat. (2010). . . . to inspect public records is made, records custodians must respond promptly and in good faith, see § 119.07 . . . See § 119.07(1)(a). . . . time, under reasonable conditions, and under supervision by the custodian of the public records." § 119.07 . . .
. . . to subdivision (c)(7) or (c)(8) of this rule that is ■ currently confidential or exempt from section 119.07 . . .
. . . ." § 119.07(1)(a), Fla. Stat. (2016). . . .
. . . the state, its agencies, and its subdivisions are confidential and exempt from the provisions of s. 119.07 . . .
. . . information of a witness to a murder, as described in s. 782.04, is confidential and exempt from s. 119.07 . . . witness to a murder, as described in s. 782.04, Florida Statutes, be made confidential and exempt from s. 119.07 . . . Butterworth, 668 So.2d 580, 581-82 (Fla. 1996) (holding that work product exemption in section 119.07 . . .
. . . searches were, performed, AHCA prepared invoices and delivered them to Zuckerman, Pursuant to section 119.07 . . . 5, Florida Statutes (“Social security numbers held by an agency are confidential and exempt from s. 119.07 . . . (“A clinical record is confidential and exempt from the provisions, of s. 119.07(1).”). , ; - ; Section . . . 119.07(4), Florida Statutes, provides in part, “[t]he custodian of public records shall furnish a copy . . . Further, decisions of this Court and the language of section 119.07(4), Florida Statutes, dictate that . . .
. . . created and maintained by a Florida municipal officer and subject to production under Florida Statute § 119.07 . . .
. . . civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07 . . .
. . . his records requests, in violation of two statutes: section 627.291, Florida Statutes; and section 119.07 . . . Section: 119.07, Florida Statutes Fee also argues, and the.trial court found, that NCCI violated the . . . Thus, in order to find that NCCI was subject to section 119.07, the trial court was required to determine . . . court expressly declined to apply the Schwab factors and concluded that NCCI was subject' to section 119.07 . . .
. . . See §§ 119.01(1), 119.07(1), Fla. Stat.; Wait v. Fla. . . . providing that “[a]ny records created as a result of such hearings are confidential and exempt from s. 119.07 . . . See § 119.07(l)(d), Fla. Stat. . . . to an allegation of fraud, abuse, or neglect are confidential and exempt from the provisions of s. 119.07 . . . Section 119.07(1), Florida Statutes, appears in Florida’s Public Records Act. . . .
. . . . § 119.07(4)(d), Fla. Stat. (2014). . . . Additionally, section 119.07(5) states that when ballots are produced for inspection or examination, . . . The Act acknowledges this issue in section 119.07(5), which provides that when ballots are produced under . . . agency or attributable to the agency for the clerical and supervisory assistance required, or both. § 119.07 . . . The legislature’s obvious reason for allowing the service charge in section 119.07(4)(d) is to prevent . . .
. . . I agree with the decision of this Court that section 119.07(l)(e), Florida Statutes (2014), does not . . . state in writing and with particularity the reasons for its conclusion that a record is exempt. §§ 119.07 . . . See § 119.07(l)(d), Fla. . . . Here, Appellees’ complaint relied on a single statute, section 119.07(l)(e), which they claim requires . . . agency] contends is applicable to the record” and to provide a statutory citation for the exemption. § 119.07 . . . Thus, section 119.07(l)(e) plainly requires only record-by-record — not redaction-by-redaction — identification . . . In their answer brief, Appellees disclaim any reliance on section 119.07(l)(f), which requires the agency . . .
. . . Section 119.07(4)(a) provides that a Town may charge “[u]p to 15 cents per one-sided copy” up to a certain . . . The fact that the Town followed a calculation that appears to line up with section 119.07(4)(d), which . . . This charge was authorized by Section 119.07(4)(a). Affirmed. . . .
. . . . § 119.07 (the “Act”), and then to threaten litigation and the possibility of liability for attorneys . . . Stat. § 119.07(4)(d). . . .
. . . discipline, discharge, employee performance, evaluation, or other related activities are exempt from s. 119.07 . . .
. . . .” § 119.07(l)(a), Fla. Stat. (2014). . . . agency whether such a record exists and, if so, the location at which the record can be accessed. § 119.07 . . . On review, citing section 119.07(l)(c), the First District determined that “[t]he public records law . . . argument “plainly reads too much into the obligations created by the public records law” because section 119.07 . . . In that case, the trial court found a violation of section 119.07. Id. at 123. . . .
. . . the documents requested in the January 14th Request are exempt from disclosure pursuant to section 119.07 . . .
. . . photocopying fee and an hourly supervisory fee — were imposed in violation of. provisions of section 119.07 . . . public record shall permit the record to be inspected and copied by any person desiring to do so.” § 119.07 . . . Stat. (2009) (listing general exemptions); § 119.07, Fla. Stat. . . . agency whether such a record exists and,.if so, the location at which the record can be accessed. § 119.07 . . . Failing to respond in good faith in violation of section 119.07(l)(c) may itself result in an “unlawful . . . attorney’s fees on custodians of public records, cannot reasonably be read in isolation from section 119.07 . . .
. . . 1232g, and the federal regulations issued pursuant thereto, ... are confidential and exempt from s. 119.07 . . .
. . . receiving information under this section which is confidential and exempt from the provisions of s. 119.07 . . .
. . . 424 (Fla.1979) (holding that public records exemptions are limited to those provided by statute); § 119.07 . . .
. . . Code § 119.07, it may remain in operation while the administrative proceedings are taking place. . . . Of particular relevance here are §§ 119.06, 119.07, 119.09, and 119.12. . . . Code §§ 119.06, 119.07. . . . Code § 119.07. The hearing, if requested, is governed by Ohio Rev. Code § 119.09. . . . Code § 119.06, 119.07, 119.09, he has not provided a compelling argument at this stage to show why pre-termination . . .
. . . (citing § 119.07(2)(a), Fla. Stat. (Supp. 1984)); see also City of Riviera Beach v. . . . See § 119.07(l)(a), Fla. Stat. . . .
. . . .” § 119.07(l)(a), Fla. Stat. (2013). . . . remote electronic means is merely “an additional means of inspecting or copying public records.” § 119.07 . . .
. . . described in this subparagraph, held by a law enforcement agency, is confidential and exempt from s. 119.07 . . .
. . . Section 119.07 requires records custodians to “permit the record to be inspected and copied by any person . . . desiring to do so.” § 119.07(1)(a), Fla. . . .
. . . . § 119.07(l)(a), Fla. Stat. Mr. . . . See § 119.07(l)(c), Fla. Stat. Despite that knowledge, the first line of Mr. . . . This constitutional provision is implemented by section 119.07(l)(a), Florida Statutes, which states, . . . Section 119.07(l)(a) does not specify the method by which a governmental entity must disclose public . . . On this point section 119.07(l)(c) states, “A custodian of public records and his or her designee must . . . The right created by Article I, section 24 and section 119.07 is a right that can only be exercised by . . .
. . . Any privately owned or leased property held by an agency is confidential and exempt from s. 119.07(1) . . . relating directly to or that would reveal such systems or information are confidential and exempt from ss. 119.07 . . .
. . . to subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from section 119.07 . . .
. . . . § 119.07(l)(a). . . . . § 119.07(l)(c). . . . .” § 119.07(l)(d)-(f). . . . . § 119.07(4). . . . agency or attributable to the agency for the clerical and supervisory assistance required, or both. § 119.07 . . .
. . . Section 119.07(l)(c), Florida Statutes (2013), requires both prompt acknowl-edgement of the request and . . . Section 119.07(1) provides that a delay in making public records available is only permissible under . . . Section 119.07(l)(c) permits a delay for a records custodian to determine whether the records exist; . . .
. . . although it is obligated to furnish copies upon request and upon payment of costs, pursuant to section 119.07 . . .
. . . See § 119.07(l)(d), Fla. . . . for both parties recognized that the trial court would need to conduct an in camera inspection, see § 119.07 . . . Section 119.07(l)(d) places the obligation to redact the part of a record that is exempt upon the person . . .
. . . .” § 119.07(l)(a), Fla. Stat. (emphasis added). . . . .” § 119.07(l)(c), Fla. Stat. . . . custodian believes that some or all of the record is exempt under the Act, § 119.07(l)(d)-(e); or if . . . the requesting party fails to remit the appropriate fees, § 119.07(4). . . . (emphasis added); see also § 119.07(l)(a), Fla. Stat. . . .
. . . See § 119.07, Fla. Stat. (2009). . . .
. . . alleged that appellant had sent the e-mails and that he was a “person” as used in the Act, section 119.07 . . . records custodians to allow inspection and copying of public records “by any person desiring to do so.” § 119.07 . . . Although section 119.07(1), Florida Statutes, allows a custodian to impose “reasonable conditions” on . . . custodian to collect a fee, prior to disclosing the records, for the cost of copying the records. § 119.07 . . . extensive use of information technology resources or extensive clerical or supervisory assistance ....” § 119.07 . . .
. . . . § 119.07. . . .
. . . subdivisions (c)(7) and (c)(8) of rule 2.420, but only insofar as they were confidential under section 119.07 . . .
. . . delivered to the records repository that are confidential or exempt from the requirements of section 119.07 . . .
. . . the following are reasonable royalties for infringement of the patents asserted against Trend Micro: $119.07 . . .
. . . or that was prepared in anticipation of imminent civil or criminal litigation ... is exempt from s. 119.07 . . .
. . . .” § 119.07(l)(c), Fla. Stat. . . . .” § 119.07(l)(f), Fla. Stat. (emphasis added). . . . .” § 119.07(l)(d), Fla. Stat. (emphasis added). . . . Besides the fact that it is directly contrary to the statutory directive of section 119.07(l)(d) that . . . Neither party favored us with a citation to section 119.07(l)(d). . . .
. . . Board of Executive Clemency investigation shall be confidential and exempt from the provisions of s. 119.07 . . .
. . . address be kept confidential, this information is exempt from the public records provisions of section 119.07 . . . 741.30, Florida Statutes, this information is exempt from the public records provisions of section 119.07 . . .
. . . 1997), that is subject to the requirements of producing public records for inspection under section 119.07 . . . repository pursuant to these rules that are confidential or exempt from the requirements of section 119.07 . . .
. . . is not accompanied by a true bill or indictment is confidential and exempt from the provisions of s. 119.07 . . .
. . . to section 1012.31, VAM data is exempt from disclosure under Florida’s public records law, section 119.07 . . . provisions: (3)(a) Public school system employee personnel files are subject to the provisions of s. 119.07 . . . board under the authority of those sections shall be confidential and exempt from the provisions of s. 119.07 . . . Only the “employee evaluation” is exempt from the provisions of section 119.07(1). . . . public policy in Florida in favor of public records disclosure under the State Constitution and section 119.07 . . .
. . . civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07 . . . 119.071(l)(d)(l) no longer applies and the report was properly made a public record pursuant to section 119.07 . . .
. . . Accordingly, the lower court erred as a matter of law by concluding that the agency had violated section 119.07 . . .
. . . to subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from section 119.07 . . . government, except for copies-of court records, shall -be -the same as^ those -provided in section 119.07⅜ . . . branch of government, except for copies of court records, shall be the same as those provided in section 119.07 . . . -(-Uttless redaction-is requested pursuant to ⅜ 119.07 H(2), this information-is exempt-oniy-as of Jonuary-l-rZOll . . .
. . . the location of the non-human primates as that information was exempted from disclosure by section 119.07 . . . relating directly to or that would reveal such systems or information are confidential and exempt from ss. 119.07 . . .
. . . committed by an adult, would be misdemeanors; shall not be considered confidential and exempt from s. 119.07 . . . Legislative History and Background Section 119.07(l)(a), Florida Statutes (2006), provides that “[e]very . . . However, the legislature may, by general law, exempt certain records from the “access requirements of s. 119.07 . . . adult, would be misdemeanors shall not be considered confidential and exempt from the provisions of s. 119.07 . . . section further provides that the records are not available for public disclosure or inspection under s. 119.07 . . .
. . . 2003), this court transferred that petition to the circuit court for further proceedings under section 119.07 . . . this court to compel the circuit court to enforce the order and to rule on his claim under section 119.07 . . .
. . . Section 119.07 authorizes all persons to inspect and copy public records. . . . The Fourth District has construed section 119.07 as meaning that “[i]t is the obligation of the custodian . . .
. . . . §§ 119.01, 119.011(2), (12) and § 119.07(l)(a), as establishing a tradition of transparent government . . .
. . . governmental agency for the purpose of licensure, certification, or employment are exempt from section 119.07 . . .
. . . refusal to produce the requested records in Lake City was unreasonable and in violation of section 119.07 . . . inspection there was unreasonable, caused unnecessary expense and delay, and was a violation of sections 119.07 . . . records at defendant’s office should be granted, and if so, under what conditions pursuant to sections 119.07 . . .
. . . . § 119.07. . . .
. . . to subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from section 119.07 . . .
. . . records generated as a result of such reports, shall be confidential and exempt from the provisions of s. 119.07 . . .
. . . investigation by the agency of such complaint shall be confidential and exempt from the provisions of s. 119.07 . . .
. . . relocate, or expand any of its business activities in this state is confidential and exempt from s. 119.07 . . . development agency and that the Orioles’ proprietary information was not released pursuant to section 119.07 . . .
. . . Section 119.07(1), Florida Statutes, permits any person to inspect and copy public records held by a . . . information obtained pursuant to the investigation by the department are confidential and exempt from s. 119.07 . . . Exemption from disclosure under section 119.07(1) does not also exempt a public record from discovery . . . to exam grade reports for successful applicants where the requested reports were exempt from section 119.07 . . . confidential student records under section 228.093, Florida Statutes, and were exempt from section 119.07 . . .
. . . filed a public records request with the AG seeking access to the documents, on the authority of section 119.07 . . .
. . . duty, Poole alleged that the appraisals were public records that were required, pursuant to section 119.07 . . . Section 119.07, Florida Statutes (2007), provides: Inspection and copying of records; photographing public . . . are not available for public disclosure or inspection and are exempt from the provisions of section 119.07 . . .
. . . to subdivision (c)(7) or (c)(8) of this rule that is currently confidential or exempt from section 119.07 . . . See §§ 119.07 l(2)(c) (public records exemption for active criminal investigative information); 119.07 . . . information revealing the identity of a confidential informant); 119.0714(l)(f) (application of section 119.07 . . .
. . . reversed the order of disclosure, stating as follows: In considering the exemptions granted in section 119.07 . . . Section 119.07(3)(e) [now subsection (3)(c) ] applies the exemptions to any information revealing identity . . .
. . . proprietary confidential business information “shall be kept confidential and shall be exempt” from section 119.07 . . .
. . . 2007 amendment, work papers were deemed “confidential” and “exempt from the provisions of [section] 119.07 . . .
. . . Such information held by a public entity is exempt from the provisions of s. 119.07(1) and s. 24(a), . . .
. . . Count One, the public records claim, alleges violations of section 119.07, Florida Statutes (2006), and . . . time, under reasonable conditions, and under supervision by the custodian of the public records. § 119.07 . . .
. . . . § 119.07(3)(aa)(12). . . .
. . . Section 119.07(l)(a), Florida Statutes states that “every person who has custody of a public record shall . . . federal regulations issued pursuant thereto, and applicant records are confidential and exempt from s. 119.07 . . .
. . . . § 119.07(l)(e), Fla. Stat. (2008). . . .
. . . investigation by the agency of such complaint shall be confidential and exempt from the provisions of s. 119.07 . . .
. . . question the amount of the charges, or whether the city was authorized to charge, recognizing that section 119.07 . . . Because section 119.07(4) does not require the City to do any more than what it did in this case, Lozman . . .
. . . of Apalachicola] so as to make [any of] the firm’s documents public records” for purposes of section 119.07 . . . When B & S sent letters to BDI, invoking section 119.07 and requesting copies, or production for inspection . . . Section 119.07, Florida Statutes (2006), requires that “[ejvery person who has custody of a public record . . .
. . . .” § 119.07(4)(d). . . . . § 119.07(4). . . . . § 119.07(4)(d). The County has adopted a policy to the same effect as the statute. . . . Stat. (1941) (now located at section 119.07(3)(d), Florida Statutes (2004)). . . . Therefore, we reverse the circuit court’s interpretation of section 119.07(4)(d), and we approve the . . .
. . . is not accompanied by a true bill or indictment is confidential and exempt from the provisions of s. 119.07 . . .
. . . civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07 . . .
. . . HIV] test has been performed and test results are confidential and exempt from the provisions of s. 119.07 . . .
. . . documents and the results of such inspections are confidential and exempt from the provisions of s. 119.07 . . .
. . . Sections 119.07(l)(a) and (4), Florida Statutes (2006), require the custodian of public records to furnish . . .
. . . the state, its agencies and its subdivisions are confidential and exempt from the provisions of s. 119.07 . . . the attorney-client privilege contained in section 90.502, Florida Statutes (1985), and subsection 119.07 . . . explained that by its terms, the exemption from disclosure for litigation files contained in subsection 119.07 . . . civil or criminal litigation or imminent adversarial administrative proceedings, is exempt from s. 119.07 . . .
. . . Section 119.07(1) addresses photocopying charges but as the court observed, the statute does not specify . . .
. . . authorization of the claimant who has a workers’ compensation claim pending, confidential and exempt from s. 119.07 . . . compensation claim pending or is receiving compensation benefits, is confidential and exempt from s. 119.07 . . .
. . . Florida criminal history and local criminal history information that is not otherwise exempt from s. 119.07 . . .
. . . of its public records from the time of the Request to the filing of this claim is a violation of § 119.07 . . .
. . . The records shall otherwise be confidential and exempt from s. 119.07(1). . . .
. . . The trial court also ruled that the claim for declaratory and injunctive relief relative to section 119.07 . . .
. . . At issue in Sun-Sentinel, was a petition filed pursuant to then section 119.07(7)(a) of the Florida Statutes . . . Section 119.07(7)(a), in pertinent part provided: Any person or organization, including the Department . . . See § 119.07(7)(a), Fla. Stat. (2002). . . . comply with the rules and statutes governing formal service of process: We ... hold that a section 119.07 . . . over his criminal action, the Florida Supreme Count in Sun-Sentinel specifically noted that a section 119.07 . . .
. . . branch of government, except for copies of court records, shall be the same as those provided in section 119.07 . . .