Florida/Georgia Personal Injury & Workers Compensation

...e port of Miami. In preparing his case, Spiva sought discovery of the grade reports of the three successful applicants. The Department refused to permit any discovery in regard to the grade reports, claiming privilege pursuant to sections 119.07 and 455.229, Florida Statutes....

...However, that provision is subject to certain exceptions. Section 119.-07(3)(a) provides: All public records which are presently provided by law to be confidential or which are prohibited from being inspected by the public, whether by general or special law, are exempt from the provisions of (1). Section 455.229, Florida Statutes, provides: All information required by the department of any applicant shall be a public record and shall be open to public inspection pursuant to section 119.07, except financial information, examination questions,...

...ent, and its staff who have a bona fide need to know such information. (Emphasis supplied). Thus, clearly, the grade reports which Spi-va sought to inspect are exempt from disclosure under the Public Records Act, pursuant to section 119.07(3)(a) and section 455.229, Florida Statutes....

...treet Tallahassee, Florida 32399-0750 Attention: Eric R. Hurst Assistant General Counsel Dear Secretary Carr: You have asked for my opinion on substantially the following questions: 1. Is the Division of Alcoholic Beverages and Tobacco prohibited by section 455.229 (1), Florida Statutes, from providing copies of financial documents in response to a request for public records when those records are part of a licensing file maintained by the division? 2....

...regulated by the department in the Divisions of Certified Public Accounting, Professions, Real Estate, and Regulation." 3 The Division of Alcoholic Beverages and Tobacco is not included within the scope of this definition. 4 Under the provisions of section 455.229 (1), Florida Statutes: "All information required by the department of any applicant shall be a public record and shall be open to public inspection pursuant to s....

...12 Thus, the more detailed requirements for alcoholic beverage licensure would control over any more general provisions such as those expressed in Chapter 455 , Florida Statutes. Exemptions from the Public Records Law are to be narrowly construed and limited to their stated purpose. 13 While section 455.229 , Florida Statutes, provides for the confidentiality of financial information required to be submitted by an applicant to the department, an examination of the exemption appears to indicate that the exemption was intended to apply to...

...ure or licensure renewal process for particular divisions. 14 The Division of Alcoholic Beverages and Tobacco is not included among the divisions covered by the statute. Thus, it is my opinion that the division is not authorized by the provisions of section 455.229 , Florida Statutes, to redact from its public records information such as that made exempt from public inspection by section 455.229 , Florida Statutes. Rather, in the absence of an exemption similar to that contained in section 455.229 (1), Florida Statutes, which relates specifically to information obtained by the Division of Alcoholic Beverages and Tobacco, it is my opinion that this information must be made available by the division for public inspection and copying pursuant to the Public Records Law, Chapter 119 , Florida Statutes....

...Wood, 512 So.2d 1000 (Fla. 5th DCA 1987) (Public Records Law is to be liberally construed in favor of open government; exemptions therefrom are to be narrowly construed and limited to their stated purpose). 14 See Op. Att'y Gen. Fla. 96-96 (1996) (s. 455.229 (1), Fla....

...Section 455.217 (1)(a). Thus, you inquire whether it is legally permissible for such meetings to be held `out of the sunshine' when discussions of specific examination items will occur. Additionally, you urge, citing ss. 455.203 (6), 455.217 , and 455.229 , that the department's duties of preparation and administration of all examinations for all boards within the department would seem to indicate that the department has the additional, implied duties of assuring confidentiality of examination questions and maintaining examination security....

...bed board proceedings from the requirements of s. 286.011 , nor has my research revealed any such exemption. Section 455.203 (6) does not purport to make any such exemption from the requirements of s. 286.011 , nor do the provisions of s. 455.217 or s. 455.229 . Until legislatively prescribed otherwise, no such exemptions exist, and this office is without the requisite authority to find by implication or declare any such exemption. Section 455.229 does provide for a partial exemption from the Public Records Law for certain information required by the department of an applicant for a licensure examination, but no exemption from the requirements of s. 286.011 is prescribed by the Legislature. The exception or proviso contained in s. 455.229 is to be strictly construed, and no others may be implied....

...Farrell Secretary, Department of Business and Professional Regulation Mr. Robert Swindell Chairman, Pilotage Rate Review Board 1940 North Monroe Street Tallahassee, Florida 32399-0750 Dear Mr. Farrell and Mr. Swindell: You ask substantially the following question: Do the provisions of section 455.229 (1), Florida Statutes, exempt from the Public Records Law financial information submitted by harbor pilots to the Pilotage Rate Review Board in support of an application for a pilotage rate increase pursuant to section 310.151 , Florida Statutes? In sum: Section 455.229 (1), Florida Statutes, does not exempt from the Public Records Law financial information submitted by harbor pilots to the Pilotage Rate Review Board in support of an application for a pilotage rate increase under section 310.151 , Florida Statutes. The Legislature, however, may wish to clarify the language contained in section 455.229 . Section 455.229 (1), Florida Statutes, provides: "All information required by the [Department of Business and Professional Regulation] ....

...." According to your letter, the Pilotage Rate Review Board has received an application for a change of rates in the Port of Jacksonville. The pilots supporting the application have requested that the financial information submitted with the application be kept confidential pursuant to section 455.229 (1), Florida Statutes. Exemptions from the Public Records Law are to be narrowly construed and limited to their stated purpose. 2 While section 455.229 , Florida Statutes, provides for the confidentiality of financial information required to be submitted by an applicant to the department, an examination of the exemption would appear to indicate that the exemption was intended to apply to information supplied as part of the licensure or licensure renewal process. It is a general rule of statutory construction that words may be understood in relation to, or take color from, other words within the same statute. 3 Section 455.229 (1) refers to materials such as school transcripts, examination questions, answers, papers, grading keys, and grades, all materials relevant to licensure and licensure renewal. 4 Thus, it would appear that the confidentiality provision covering financial information in section 455.229 (1), Florida Statutes, is limited to information required by the department in support of an application for licensure or licensure renewal....

...5 Without access to the financial and other relevant information required to be filed with the application, interested parties would be at a disadvantage in responding to the rate change request and participating in the public hearing. If the board were constrained by the confidentiality provisions in section 455.229 (1), Florida Statutes, and subject to the criminal penalties for disclosing protected information in section 455.232 , Florida Statutes, there could be no meaningful discussion of the issues by the board members during the public meeting. Such a result would thwart the intent of the Legislature in requiring a public hearing and authorizing participation by all interested persons. 6 Accordingly, I am of the opinion that section 455.229 (1), Florida Statutes, does not exempt from the disclosure requirements of Chapter 119 , Florida Statutes, financial information submitted by harbor pilots in support of an application for a pilotage rate increase pursuant to section 310.151 , Florida Statutes....

...terms with which it is associated). 4 And see , Senate Staff Analysis and Economic Impact Statement on SB 942 (which was subsequently enacted as Ch. 91-140, Laws of Florida), dated March 1, 1991, stating that s. 3 of the bill "reenacts exemptions in s. 455.229 , F.S., for financial information provided by applicants for licensure and for licensure examination questions, answers, papers, grades, and grading keys." (e.s.) 5 An examination of the legislative history surrounding the amendment of s....

...oard, the department to `make available an examination review procedure for applicants ' (e.s.) and further provides that an applicant is generally `entitled to review his examination questions, answers, papers, grades, and grading key.' Note also s 455.229 , F.S., which provides: All information required by the department of any applicant shall be a public record and shall be open to public inspection pursuant to s....

...n examinee and certain designated personnel within the department, who have a bona fide need to know such information. For the reasons set forth below and in light of the express language of s 119.07 (3)(c), F.S. (1982 Supp.), and ss 455.217 (2) and 455.229 , F.S., I am compelled to conclude that it was the intent of the Legislature that an examinee's completed examination and related papers be open only for his personal perusal and inspection (or to members of affected boards, the department an...

...boards' putative role as hearing officer to an independent hearing officer appointed by the Division of Administrative Hearings. See also , AGO 80-99; ss 120.57 (1)(a)1. and 120.57 (1)(b)9. I cannot agree with your assertion that ss 455.217 (2) and 455.229 allow the department to hold closed examination review hearings. The exception contained in s 455.229 applies only to s 119.07 , and does not operate as an exception to s 286.011 . See also , AGO's 80-99 (concluding that the exemption contained in s 455.229 applies only to the Public Records Law and in no way effects an exemption from the Sunshine Law); 80-78....

...ined and cannot be extended to his attorney or his expert witness(es) prior to the initiation of discovery, such as that allowed by s 120.58(1)(b), F.S., and in connection with his examination review hearing provided for by Rule 21-11.12, F.A.C. (2) section 455.229 , F.S., does not exempt examination grade review hearings, conducted pursuant to s 120.57 , from the `Government-in-the-Sunshine Law.' Sincerely, Jim Smith, Attorney General Prepared by: Anne Curtis Terry, Assistant Attorney General