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D. Exempt, confidential and limited access public documents and meeting--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 SPACE LIMITATIONS, THE EXEMPTIONS FROM DISCLOSURE FOUND IN CHAPTER 119 (THE PUBLIC RECORDS ACT) ARE NOT SUMMARIZED IN THIS APPENDIX. PLEASE REFER TO APPENDIX C (CONTAINING THE COMPLETE TEXT OF CH. 119) FOR THE CH. 119 EXEMPTIONS.
Section 11.0431(2), F.S. -- The text of s. 11.0431, F.S., relating to exemptions from disclosure for legislative records, is set forth in Appendix F.
Section 11.045(5)(b), F.S. -- The legislative committee 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), F.S. -- Subject to s. 11.0431, 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 the consent of the member making the request.
Section 11.45(3)(i), F.S. -- The identity of a donor or prospective donor to Enterprise Florida, Inc., 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), F.S. -- The identity of a donor or prospective donor to the capital development board 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(4)(c), F.S. -- Audit reports prepared by the Auditor General become public records when final. Audit 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 vote of the Legislative Auditing Committee after a public hearing showing proper cause.
Section 14.28, F.S. -- All records developed or received by a state entity relating to a Board of Executive Clemency investigation are exempt from disclosure; however, such records may be released upon the approval of the Governor.
Section 15.07, F.S. -- The journal of the executive 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, F.S. -- Except as otherwise provided by this section, 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 the authorized financial institutions and the account numbers of the beneficiaries, as defined in the section, are confidential and exempt.
Section 17.325(3), F.S. -- A call on the governmental efficiency hotline established by the Chief Financial Officer under this section may 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. 119.07(1). However, when the inspector general or a member of the staff receives from an individual a complaint or information that falls within the definition provided in s. 112.3187(5), the name or identity of the individual shall not be disclosed to anyone else without the individual's written consent, unless the inspector general determines that such disclosure is unavoidable during the course of the audit or investigation.
Section 24.105(12)(a), F.S. -- The Department of the Lottery shall determine by rule information relating to the operation of the lottery which is confidential 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 department to contract for goods and services 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 otherwise confidential. To 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(12)(b), F.S. -- The Department of the Lottery shall maintain the 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. -- The portion of the Lottery Department's security report that contains specific recommendations is confidential and exempt from disclosure and may be released only as authorized in the subsection.
Section 27.151, F.S. -- An executive order assigning or exchanging state attorneys pursuant to s. 27.14 or s. 27.15, if designated by the Governor to be confidential, is exempt from disclosure. The Governor 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 the information contained in the executive order is confidential pursuant to cited laws.
Section 28.222(3)(g), F.S. -- Certified copies of death certificates authorized for issuance by the Department of Health which exclude information made confidential under s. 382.008 and certified death certificates issued by another state shall be recorded by 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 website. Those records which have already been placed on the Internet must be removed 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 other court records. The records may be inspected 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 39.0132(4)(a)1., F.S. -- All information obtained pursuant to this part in the discharge of official duty by any of the officials specified in the subsection is confidential 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. -- Information related to the best interests of a child, as determined by a guardian ad litem, 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, F.S., is confidential and exempt from disclosure requirements and may not be disclosed to anyone except as authorized in the exemption.
Section 39.201(1)(b), F.S. -- Reporters to the central abuse hotline in occupation categories designated in s. 39.201(1)(b) are required to provide their names to the hotline 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), F.S. -- A telephone number of a caller to the hotline which is included in the abuse report pursuant to this subsection shall enjoy the same confidentiality provided to the identity of the caller pursuant to s. 39.202.
Section 39.202(1), F.S. -- 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 records 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)(o), F.S. -- 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 determined to be a result of abuse, abandonment, or neglect. Information identifying the person reporting abuse, abandonment, or neglect shall not be released, nor shall any information otherwise made confidential or exempt by law.
Section 39.202(5), F.S. -- 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 written consent of the reporter.
Section 39.202(6), F.S. -- 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 the subsection.
Section 39.301(18), F.S. -- When the initial interview 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, except as otherwise provided by court order.
Section 39.507(2), F.S. -- 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 served by closing the hearing.
Section 39.510(4) and (5), F.S. -- 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 sealed 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 inspection except by order of the appellate court.
Section 39.702(5)(d), F.S. -- An independent not-for-profit agency authorized to administer a citizen review panel established to make recommendations concerning foster care as provided in this section shall ensure that all panel members have read, understood, and signed an oath of confidentiality relating to written or verbal information provided to members for review hearings.
Section 39.809(4), F.S. -- All hearings involving termination of parental rights are confidential and closed to the public.
Section 39.814(3) and (4), F.S. -- All court records required by this part (termination of parental rights) shall be 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), F.S. -- An 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 the 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, sealed and not open to inspection except by court order.
Section 39.821(1), F.S. -- 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), F.S. -- The hearing for appointment of a guardian advocate is confidential. The court records are confidential and exempt 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 the Department of Children and Family Services and its designees, except upon court order.
Section 39.908, F.S. -- 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 otherwise 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), F.S. -- The court should emphasize the confidentiality of notes taken by jurors as provided in this subsection.
Section 44.102(3), F.S. -- All written communications in a court-ordered mediation proceeding, other than an executed settlement agreement, shall be exempt from the requirements of Ch. 119.
Section 44.201(5), F.S. -- Any information relating to a dispute which is obtained by any person while performing any duties for a Citizen Dispute Settlement Center is exempt from s. 119.07(1).
Section 44.405(1), F.S. -- Except as provided in the section, mediation communications, as defined in the Mediation Confidentiality and Privilege Act, are confidential.
Section 61.052(8), F.S. -- Disclosure of social security numbers provided by parties to a dissolution of marriage proceeding shall be limited to child support enforcement purposes.
Section 61.13(8) and (9), F.S. -- 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, F.S. -- 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), F.S. -- Information concerning mediation proceedings involving contested issues relating to child custody or support pursuant to this section which is obtained by any person performing mediation duties is exempt from s. 119.07(1).
Section 61.404, F.S. -- A guardian ad litem shall maintain as confidential all information and documents 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), F.S. -- 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, F.S. -- All information contained in the Florida Putative Father Registry and maintained by the Office of Vital Statistics within the Department of Health is confidential and exempt from public disclosure, except as otherwise provided in the exemption.
Section 63.089(8), F.S. -- Except as provided in the exemption, all records relating to a petition to terminate parental rights pending adoption are subject to the provisions of s. 63.162, F.S.
Section 63.102(1), F.S. -- 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.
Section 63.162(1), F.S. -- Hearings held in proceedings under the Florida Adoption Act are closed.
Section 63.162(2), F.S. -- 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 are exempt from s. 119.07(1).
Section 63.162(4), F.S. -- A person may not disclose from the records the name and identity of a birth parent, an adoptive parent, or an adoptee except as authorized in the subsection.
Section 63.162(6), F.S. -- Except as provided in s. 63.162(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), F.S. -- Except as provided in this section, information in the state registry of adoption information is confidential and exempt.
Section 69.081(8), F.S. -- Any 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, F.S. -- Except as provided in the exemption, specified business information provided by the owner of a business to a governmental condemning authority as part of an offer of business damages is confidential and exempt from disclosure requirements, if the owner requests in writing that the information be held exempt.
Section 90.502(5), F.S. -- 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, F.S. -- Except as provided in the statute, all court records, including witnesses' testimony, that reveal the photograph, name or address of a victim of an alleged sexual battery, lewdness or indecent exposure as proscribed in Ch. 794, or Ch. 800, or an act of child abuse, aggravated child abuse, or sexual performance by a child as described in Ch. 827 are confidential and exempt from disclosure and may not be made public if, upon a showing to the trial court with jurisdiction over the alleged offense, certain factors are demonstrated by the state or victim as prescribed therein.
Section 97.057(2)(a)4., F.S. -- 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, F.S. -- The following information concerning voters and 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 place 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), F.S. -- 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. The records must include lists of the name and address of each person to whom a notice was sent and information as to whether 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(1)(d), F.S. -- 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 Department of State.
Section 101.62(3), F.S. -- 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 made available to or reproduced only for the individuals and entities set forth in the exemption, for political purposes only.
Section 106.0706, F.S. -- All user identifications and passwords held by the Department of State pursuant to s. 106.0705 are confidential and exempt from disclosure. All records, reports, and files stored in the electronic filing system pursuant to s. 106.0705 are exempt until such time as the report has been submitted as a filed report.
Section 106.25(7), F.S. -- Except as otherwise provided in the 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), F.S. -- A state employee'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), F.S. -- It is a first degree misdemeanor to willfully use criminal records information obtained pursuant to security background checks required for certain positions for purposes other 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 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. -- A physician's fee 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 insurance program.
Section 110.123(9), F.S. -- Patient medical records and medical claims records of state employees, former state employees, and their eligible covered dependents, in the custody or control of the state group insurance program are confidential and exempt.
Section 110.201(4), F.S. -- 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 between any of their respective representatives, 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)(l), F.S. -- All documentation relative to a state agency employer's explanation 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. -- The documentation prepared by a state agency employer which formed the basis of the 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 employee upon request.
Section 112.0455(11)(a), F.S. -- Except as provided in the subsection, all information, interviews, reports, statements, memoranda, and drug test results, written or otherwise, 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. -- Medical records and medical claims records in the custody of county or municipal government relating to county or municipal employees, 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. 119.07(1). 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.
Section 112.08(8), F.S. -- Patient medical records and medical claims records of water management district employees, former employees, and eligible dependents 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.
Section 112.21(1), F.S. -- All records identifying individual participants in any contract or account under s. 112.21 (relating to tax-sheltered annuities or custodial accounts for governmental employees) and their personal account activities are confidential and exempt.
Section 112.215(7), F.S. -- All records identifying individual participants in any deferred compensation plan and their personal account activities shall be confidential and exempt from s. 119.07(1).
Section 112.3188(1), F.S. -- The identity of an individual 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 employee or agent of an agency or independent contractor has violated certain laws or committed, or is suspected 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 the reasons specified in the subsection.
Section 112.3188(2), F.S. -- Except 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 derived 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 subsection (1) and an investigation is active. All information received 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, F.S. -- If certified pursuant to the exemption, an investigatory record of the Chief Inspector General within 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 disclosure requirements 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), F.S. -- All proceedings, the complaint, and other records relating to the investigation of a sworn complaint of a violation of this section which relates to executive branch and Constitution Revision Commission lobbyists, and any meeting held pursuant to the investigation, are confidential and exempt from disclosure until the alleged violator requests in writing that such investigation and associated records and meetings be made public, or until the Ethics Commission determines whether probable cause exists to believe that a violation has occurred.
Section 112.3215(8)(d), F.S. -- Records relating to an audit of a lobbying firm lobbying the executive branch or the Constitution Revision Commission or an investigation of violations of the lobbying compensation reporting laws and any meetings held pursuant to the investigation or at which such an audit is discussed are exempt from public records and meetings requirements either 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 the reporting laws.
Section 112.324(2)(a), F.S. -- The 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), F.S. -- Except as otherwise provided in this subsection, a complaint filed against a law enforcement officer or correctional officer with a law enforcement agency or correctional agency and all information obtained pursuant to the investigation of such complaint shall be confidential until the investigation ceases to be active, or until the agency head or agency head's designee provides written notice to the officer who is 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 concluded the investigation with a finding to proceed with disciplinary action or to file charges.
NOTE: DUE TO SPACE LIMITATIONS, THE EXEMPTIONS FROM DISCLOSURE FOUND IN CHAPTER 119 (THE PUBLIC RECORDS ACT) ARE NOT SUMMARIZED IN THIS APPENDIX. PLEASE REFER TO APPENDIX C (CONTAINING THE COMPLETE TEXT OF CH. 119) FOR THE CH. 119 EXEMPTIONS.
Section 121.031(5), F.S. -- The names and addresses of retirees are confidential and exempt from s. 119.07(1) to the extent that no state or local governmental agency may provide the names or addresses of such persons in aggregate, compiled, or list form to any person except as authorized in the subsection.
Section 121.4501(19), F.S. -- Personal identifying information regarding a participant in the Public Employee Optional Retirement Program contained in Florida Retirement System records held by the State Board of Administration or the Department of Management Services is exempt from public disclosure requirements.
Section 125.0104(3)(h), F.S. -- 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., F.S. -- 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, or a research project or whose names, addresses, meeting or convention plan information or accommodations or other visitation needs become booking or reservation list data, is exempt from disclosure.
Section 125.0104(9)(d)2., F.S. -- When held by a county tourism promotion agency, the following 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.C. s. 552(b)(4), as amended.
Section 125.012(26), F.S. -- Pursuant to authorization granted by this section concerning certain transportation-related projects defined in s. 125.011, a board of county commissioners is empowered to maintain the confidentiality of trade information and data to the extent that such information is protected under applicable federal and federally-enforced patent and copyright laws.
Section 125.025, F.S. -- 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 federal and federally enforced patent and copyright laws.
Section 125.355(1), F.S. -- Appraisals, offers, and counteroffers relating to a county's purchase 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 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), F.S. -- A county employee's personal identifying information contained in records held by the employing county relating to that employee's participation in an employee assistance program is confidential and exempt.
Section 125.901(11)(a), F.S. -- Personal identifying information of a child or the child's parent or guardian, held by a children's service council, juvenile welfare board, or other similar entity created under this section or by special law, or held by a service provider or researcher under contract with such entity, is exempt from disclosure requirements.
Section 155.40(8)(b), F.S. –- 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 term is used in statutes; (4) making the private purchaser an integral part of the public seller's decisionmaking process; or (5) indicating that the private purchaser is "acting on behalf of a public agency" as that term is used in statutes.
Section 163.01(15)(m), F.S. -- Material received by a public agency in connection with its joint ownership or right to the services, output, capacity, or energy of an electric project under the Florida Interlocal Cooperation Act, 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, F.S. -- An agency that participates in the creation or administration of a collaborative client 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(2), F.S. -- A municipal employee's personal identifying information contained in records held by the employing municipality relating to that employee's participation in an employee assistance program is confidential and exempt.
Section 166.045(1), F.S. -- Appraisals, offers, and counteroffers relating to a municipality's purchase 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 purchase is considered 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), F.S. -- Taxpayers have the right to have information kept confidential, including those records set forth in the exemption.
Section 192.105, F.S. -- Federal tax information obtained pursuant to 26 U.S.C. s. 6103 is confidential and exempt from s. 119.07(1).
Section 193.074, F.S. -- All returns of property and returns required by 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 Revenue, the tax collector, the Auditor General, and the Office of Program Policy Analysis and Government Accountability, and their employees and persons acting under their supervision and control, except upon court order or order of an administrative body having quasi-judicial powers in ad valorem tax matters.
Section 193.114(5), F.S. -- 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 copies 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 required to furnish copies of the 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. -- Financial records produced 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. -- 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 delivery to the clerk, except as provided in the subsection.
Section 195.084(1), F.S. -- This section (authorizing the exchange of information among the Department of Revenue, the property appraisers, the tax collector, the Auditor General, and the Office of Program Policy Analysis and Government Accountability) 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 General, the Office of Program Policy Analysis and Government Accountability, the tax collectors and the property appraisers shall be bound by the same requirements of confidentiality as the department.
Section 195.096(2)(e), F.S. -- All data and samples developed or obtained by the Department of Revenue in the conduct of assessment ratio studies are 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 are exempt from s. 119.07(1) and are confidential in the hands of the property appraiser, the Department of Revenue, the tax collector, the Office of Program Policy Analysis and Government 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 201.022(1), F.S. -- A return, filed with the clerk of circuit court as a condition precedent to recordation of a deed transferring an interest in real property, stating the actual consideration paid for the interest in real property, shall not become a public record and shall be confidential as provided in s. 193.074, and exempt from s. 119.07(1). However, the Department of Environmental Protection or its contract appraiser shall have access to the return for the purposes set forth in the subsection but shall not disclose the contents to any other public or private entity.
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. -- Any information concerning audits in progress 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 Revenue 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 provided in s. 213.053, and shall be confidential and exempt from s. 119.07(1).
Section 212.0305(3)(d), F.S. -- 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, are subject to the provisions of s. 213.053, and are confidential and exempt from s. 119.07(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 returns, reports, 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 under 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 therefor 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 Department of Revenue with debt collection or auditing agencies 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 department.
Section 213.28(6), F.S. -- Certified public accountants entering into contracts with the Department of Revenue are bound by the same confidentiality requirements and subject to the same penalties as the department under s. 213.053. Any 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 authorized by this section unless the department and the Internal Revenue Service mutually agree to such disclosure.
Section 215.44(8)(a), F.S. -- 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 determines that release would not be detrimental to the board's interest or conflict with its fiduciary responsibilities.
Section 215.44(8)(b), F.S. -- Records and other information relating to investments made by the 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 with its fiduciary responsibilities, information concerning service provider fees may be kept confidential until 6 months after negotiations relating to such fees have been terminated.
Section 215.44(8)(c)2., F.S. -- "Proprietary confidential business information", as defined in the exemption, that is held by the State Board of Administration regarding alternative investments is confidential and exempt 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), F.S. -- 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, F.S. -- 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, F.S. -- Estimated tax returns filed under the Florida Income Tax Code are confidential, and exempt from s. 119.07(1).
Section 252.355(5), F.S. -- Records relating to the registration of persons with 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), F.S. -- Trade secret information 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. 119.07(1) and shall not be disclosed by the Commission except as authorized in the subsection.
Section 252.88(2) and (3), F.S. -- When applicable law authorizes the withholding of disclosure of the location of specific hazardous chemicals, 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, F.S. -- 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), F.S. -- 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 purposes 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 the 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), F.S. -- All offers or counteroffers 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)1.a., F.S. -- A written valuation of land determined to be surplus and related documents are confidential and exempt until 2 weeks before the contract or agreement regarding the disposition of the surplus land is first considered for approval by the Board of Trustees of the Internal Improvement Trust Fund.
Section 255.047(2), F.S. -- The booking business records (as defined in the 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), F.S. -- The studies of the evaluation process which are developed by the Department of Management Services pursuant to this subsection shall be considered confidential and exempt to the same extent that appraisal reports are considered confidential and exempt from s. 119.07(1) pursuant to s. 253.025(6)(d).
Section 257.261, F.S. -- Registration 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 in such records, except as provided in this section. Violation of this section is a second degree misdemeanor.
Section 257.35(1)(b), F.S. -- 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 division under special terms and conditions, shall be made accessible only in accordance with such law terms and conditions and shall be exempt from s. 119.07(1) to the extent necessary to meet the terms and conditions for a nonpublic manuscript or other archival material.
Section 257.38, F.S. -- A 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 inspect or copy such material, but which is not otherwise made or received in connection with the transaction of official business by any governmental agency, is confidential and exempt from disclosure requirements except as otherwise provided in the special conditions. However, such manuscript or archival material shall be made available for inspection and copying 50 years after the date of the creation of the 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), F.S. -- Generally, 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 agreement 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), F.S. -- All offers and counteroffers for land acquisition are 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 265.289(2), F.S. -- Information contained in an audit required of a state theater contract organization which, if released, would identify donors to such organizations who desire to remain anonymous is confidential and exempt from s. 119.07(1). Information which, if released, would identify prospective donors is confidential and exempt when the contract organization has identified the prospective donor itself and has not obtained the name of the prospective donor by copying, purchasing, or borrowing names from another organization or source. Identities of such donors and prospective donors shall not be revealed in the auditor's report.
Section 265.605(2), F.S. -- 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. 119.07(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, F.S. -- 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, F.S. -- Information 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 will create a substantial risk of harm, theft, or destruction at such site.
Section 267.17(3), F.S. -- 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 citizen support organization to the Division of Historical Resources of the Department of State.
Section 267.1732(8), F.S. -- 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 disclosure; and that anonymity must be maintained in the auditor's report.
Section 267.1736(9)(a), F.S. -- 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 historic preservation education purposes and responsibilities for the City of St. Augustine, 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), F.S. -- Records with regard to ownership of, or security interests in, registered public obligations are confidential and exempt from s. 119.07(1).
Section 280.16(3), F.S. -- Any 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 depository, 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 provisions of this chapter.
Section 281.301, F.S. -- The following are confidential and exempt from ss. 119.07(1) and 286.011: Information relating to the security systems for any property owned 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. 119.011(2); and all meetings relating directly to or that would reveal such systems or information.
Section 282.318(2)(a), F.S. -- Risk analysis information relative to security threats to data, information, and information technology resources of an agency is confidential and exempt. Internal policies and procedures 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 technology 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 are confidential and exempt.
Section 284.40(2), F.S. -- Claim files maintained by the Division of Risk Management of the Department of Financial Services are confidential, and shall be only for the use of the Department of Financial Services in fulfilling its duties and are exempt from s. 119.07(1).
Section 286.011(8), F.S. -- A state or local governmental board or commission 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 the entity is presently a party before a court or administrative agency, provided that the conditions set forth in the subsection are met.
Section 286.0113(1), F.S. -- 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 exempt from open meetings requirements.
Section 286.0113(2), F.S. -- A meeting at which a negotiation with a vendor is conducted 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 exempt 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 the final competitive sealed replies are all opened, whichever occurs first. If the 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), F.S. -- 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.
Section 288.047(5)(e), F.S. -- Information relating to wages and performance of participants which is submitted 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 the person's employer is confidential and exempt from s. 119.07(1).
Section 288.047(7), F.S. -- 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 discovered by employees of specified agencies are confidential and exempt from s. 119.07(1).
Section 288.075, F.S. -- 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 secrets 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 longer treated by the proprietor as confidential business information. Certain information related to sales, receipts, wages and taxes as specified therein held by an economic development agency pursuant to the administration of an economic 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), F.S. -- 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), F.S. -- 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, are confidential and exempt from disclosure.
Section 288.1226(6), F.S. -- The identity of a donor or prospective donor to the Florida Tourism Industry Marketing Corporation 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 maintained in the auditor's report.
Section 288.1226(8), F.S. -- 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, F.S. -- 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 confidential and exempt and such anonymity shall be maintained in audit reports.
Section 288.776(3)(d), F.S. -- Personal financial records, trade secrets or proprietary information of applicants for loans extended by the Florida Export Finance Corporation are confidential and exempt from s. 119.07(1).
Section 288.809(4), F.S. -- The 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 maintained in the auditor's report of the foundation.
Section 288.9520, F.S. -- Materials that relate to methods of manufacture or production, potential trade secrets, potentially patentable material, actual trade secrets, business transactions, financial and proprietary information and agreements or proposals to receive funding that are received, generated, ascertained, or discovered by Enterprise Florida, Inc., including its affiliates and participants, are confidential and exempt from disclosure, except that a recipient of Enterprise Florida, Inc., research funds shall make available, upon request, 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, F.S. -- Specified information held by the Scripps Florida Funding Corporation or the Office of Tourism, Trade, and Economic Development under s. 288.955 is confidential and exempt from disclosure requirements. That portion of a meeting of the board of directors of these entities at which such information is presented or discussed is closed to the public and exempt from disclosure requirements. Records generated during closed meetings are confidential and exempt.
Section 288.9607(5), F.S. -- 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, F.S. -- Materials relating to methods of manufacture or production, potential trade secrets, or patentable material received, generated, or discovered through research by universities and other publicly supported organizations in this state; information identifying an investor or potential investor 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 are confidential and exempt and may not released except as provided therein. Meetings of the board of the 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, F.S. -- 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 Governor's Advisory Council on Base Realignment 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 Governor's Advisory Council at which such confidential records are presented or discussed are exempt from open meetings requirements.
Section 288.99(15), F.S. -- Except as otherwise provided in the exemption, information concerning an investigation or Office of Financial Regulation review of a certified capital company 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 confidential if disclosure would result in any of the consequences listed in the exemption.
Section 296.09(1), F.S. -- The health record and annual reevaluation of residents of the Veterans' Domiciliary Home of Florida are 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), F.S. -- Except as otherwise provided in the section, all information obtained by the probable cause panel of the Board of Pilot Commissioners from the consultant as part of an approved treatment program for impaired licensees is confidential and exempt. Except 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.
Section 311.13, F.S. -- Seaport security plans of a seaport authority created by the Legislature or of a county or municipal seaport department are exempt from public disclosure. Materials that depict critical seaport operating facilities are also exempt if the seaport authority or department determines that such items contain information that is not generally known and that 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, F.S. -- 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 entity 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. If 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), F.S. -- Except as otherwise provided in the exemption, crash reports that reveal the identity, home or employment telephone number or home or employment address of, or 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), F.S. -- All records relating to the registration application of a law enforcement agency, Attorney General'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, are exempt from s. 119.07(1) as long as the information is retained by the Department of Highway Safety and Motor Vehicles.
Section 320.05(2), F.S. -- 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), F.S. -- When a member of the Medical Advisory Board acts directly as a consultant to the Department of Highway Safety and Motor Vehicles, a board member's individual review of the physical and mental qualifications of a licensed driver or applicant is exempt 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 confidential 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), F.S. -- 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.
Section 322.142(4), F.S. -- 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), F.S. -- 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 received 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), F.S. -- The Department of Highway 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 with 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), F.S. -- All 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, F.S. -- Airport security plans of an aviation authority or aviation department 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 facilities 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, F.S. -- Information held by Space Florida which is a trade secret, as defined in s. 812.081, including trade secrets of Space Florida, any spaceport 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 meetings 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 exempt from disclosure.
Section 334.049(4), F.S. -- 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 by s. 688.002, is confidential and exempt from s. 119.07(1).
Section 337.14(1), F.S. -- Financial information required by the Department of Transportation pursuant to this subsection shall be confidential and exempt from s. 119.07(1).
Section 337.162, F.S. -- Complaints submitted to the Department of Business and Professional Regulation and maintained by the Department of Transportation pursuant to this section relating to alleged violations of state professional licensing laws or rules shall be confidential and exempt from s. 119.07(1). Any complaints submitted to the Department of Business and Professional Regulation are confidential and exempt pursuant to Ch. 455 and applicable state law.
Section 337.168, F.S. -- 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 the 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. -- The application and financial information required for certification by the Department of Transportation as a socially and economically disadvantaged business enterprise are confidential and exempt from s. 119.07(1).
Section 350.121, F.S. -- Any records obtained 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 determined by the commission or by a court or administrative agency to be trade secrets 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 Service Commission is confidential and exempt except as provided therein.
Section 364.18(2), F.S. -- 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, F.S. -- Records provided by a telecommunications company to the Public Service Commission which 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 365.171(12), F.S. -- 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 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 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, F.S. -- 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 Technology Office is confidential and exempt from public disclosure requirements.
Section 366.093, F.S. -- Records provided by a public utility company to the Public Service Commission which, upon the request of the public utility or any 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 367.156, F.S. -- Records provided by a water or wastewater utility to the Public Service Commission which, upon the request of the utility or any 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 368.108, F.S. -- 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 370.07(6)(a), F.S. -- Except as provided in the exemption, reports required of wholesale dealers regarding saltwater products are confidential and exempt from s. 119.07(1).
Section 372.0215(3), F.S. -- 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 desires 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.
Sections 372.561(3), F.S. -- 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 law.
Section 372.574, F.S. -- All 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 are confidential as provided in those statutes.
Section 373.139(3)(a), F.S. -- Appraisal reports, offers, and counteroffers for the acquisition of real property by water management 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. If negotiations are terminated by the district, the appraisal report, offers and counteroffers shall become available pursuant to s. 119.07(1).
Section 373.71(8) and (9), F.S. -- The mediator selected by parties to the Apalachicola-Chattahoochee-Flint River Basin Compact shall not divulge confidential information disclosed to the mediator by the parties or by witnesses in the course of the mediation. All records received by a mediator while serving as mediator shall be considered confidential and each party to the mediation shall maintain the confidentiality of the information.
Section 377.075(4)(f), F.S. -- Company data collected by the State Geologist from specified agencies 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 exceed 10 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. -- Any 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 the Department of Environmental Protection pursuant to this section shall, upon the request of the person conducting the activities, be held confidential for 10 years and shall be exempt from disclosure.
Section 377.2421(2), F.S. -- 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 requirements that are required by the federal agency and are 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 with a county or municipality upon request and may, on its own initiative, share such information with 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 exempt 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 the 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 the 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).
Section 378.101(3)(b), F.S. -- Materials 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), F.S. -- 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 another governmental agency, shall be confidential and exempt from s. 119.07, and the department shall ensure the confidentiality of such statements.
Section 378.406(1)(a), F.S. -- Any information relating to prospecting, rock grades, or secret processes or methods of operation which may be required, ascertained, or discovered by inspection or investigation shall be exempt from s. 119.07(1) if the 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 381.0031(4), F.S. -- Information submitted in reports 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), F.S. -- Except as otherwise provided, human immunodeficiency virus test results, and the identity of any person upon whom a test has been performed, are 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. 119.07(1).
Section 381.0041(9), F.S. -- All 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), F.S. -- 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 activities 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), F.S. -- 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., F.S. -- Provisions in the school health services plan developed pursuant to this section for maintenance of health records of individual students must be in accordance with s. 1002.22, relating to confidentiality of student records.
Section 381.0273, F.S. -- Information contained in patient safety data or other records of the Florida Patient Safety Corporation and its subsidiaries, advisory committees, or contractors and which identifies a patient, the person or entity reporting patient safety data, or a health care practitioner or facility, is confidential and exempt and may be disclosed only as provided in the exemption. Any portion of a meeting of the Corporation and its subsidiaries, advisory committees, or contractors during which such information is discussed is exempt from s. 286.011.
Section 381.775, F.S. -- Except as provided 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 are relevant to an inquiry and should be released and all records relating thereto are confidential and exempt from s. 119.07(1).
Section 381.83, F.S. -- Trade secrets as defined in s. 812.081(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, F.S. -- 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 individual 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 federal law.
Section 381.95(1), F.S. -- 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 requirements.
Section 382.008(6), F.S. -- 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), F.S. -- 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 be 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), F.S. -- The original birth certificate shall contain all information required by the Department of Health 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. 382.025.
Section 382.017(1), F.S. -- After 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 except pursuant to court order.
Section 382.025(1), F.S. -- Except for birth records over 100 years old which are not under seal pursuant to court order, all birth records of this state are confidential and exempt from s. 119.07(1). Certified copies of the original birth certificate or a new or amended certificate, or affidavits 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), F.S. -- A certification 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 entities specified in the subsection. All portions of a death certificate shall cease to be exempt 50 years after the death.
Section 382.025(3), F.S. -- Records or data issued by the Department of Health to government 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.
Section 382.025(4), F.S. -- Except as provided in this section, preparing or issuing certificates of live birth, death, or fetal death is exempt from the provisions of s. 119.07(1), F.S.
Section 383.14(3)(d), F.S. -- The confidential registry of cases maintained by the Department of Health pursuant to this section [relating to phenylketonuria and other metabolic, hereditary and congenital disorders] shall be exempt from s. 119.07(1).
Section 383.32(3), F.S. -- 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 survey or complaint investigation.
Section 383.325, F.S. -- 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 exempt from s. 119.07(1) and shall not be distributed or made available as public information unless or until such confidential status expires, 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), F.S. -- 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 review by, and which is held by, the State Child Abuse 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, F.S. -- 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 requirements.
Section 384.26(2), F.S. -- All information gathered by the Department of Health and its authorized representatives in the course of contact investigation of sexually transmissible disease infection shall be considered confidential and exempt from s. 119.07(1), and subject to the provisions of s. 384.29.
Section 384.282(3), F.S. -- 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. 119.07(1).
Section 384.287(6), F.S. -- An authorized person who receives the results of a test for sexually transmissible disease 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 the person tested as required by s. 381.004.
Section 384.29, F.S. -- All information and records held by the Department of Health and its authorized representatives relating to known or suspected cases of sexually transmissible diseases are 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. Except as provided in the section, information disclosed pursuant to a subpoena is confidential and exempt from s. 119.07(1).
Section 384.30(2), F.S. -- The fact of consultation, examination, and treatment of a minor for a sexually transmissible disease is confidential and exempt from s. 119.07(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) except 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 remain confidential 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 requirements pertaining to a minor seeking to terminate 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 order in a civil or criminal proceeding.
Section 392.54(2), F.S. -- All information gathered by the Department of Health and its authorized representatives in the course of contact investigation of tuberculosis exposure 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. -- The name of any person subject to proceedings initiated by the Department of Health relating to a public health threat from tuberculosis shall not be revealed 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 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 representatives, 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. -- It is a third degree felony for any person to willfully, knowingly, or intentionally release information from the juvenile 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 screening 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 records shall be released except as authorized in this paragraph.
Section 394.4615(1) and (7), F.S. -- Clinical records of persons subject to "The Baker Act" are 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. -- The independent expert'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. -- Records of quality assurance programs of community mental health 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 determine licensee 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 compliance with this section (relating to inspection reports of licensed facilities) unless or until such confidential status expires.
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 are not subject to inspection under the provisions of s. 119.07(1), even if the division's investigation results in a finding of probable cause.
Section 395.0193(7), F.S. -- 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 proceedings 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 are not open to the public under Ch. 286.
Section 395.0197(6)(c), F.S. -- 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. 119.07(1) or any other law providing access to public records.
Section 395.0197(7), F.S. -- An adverse incident report submitted by a facility licensed under Ch. 395 to the Agency 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), F.S. -- Records of licensed facilities which are obtained by the Agency for Health Care Administration under cited subsections in order to carry out the provisions of this section relating to incidents and injuries are not available to the public under s. 119.07(1), nor shall they be discoverable or admissible in any civil or administrative action, except in disciplinary proceedings by the agencies set forth in the subsection.
Section 395.0197(14), F.S. -- 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, F.S. -- 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), F.S. -- 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 not 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 be disclosed.
Section 395.1056, F.S. -- Those portions of a comprehensive emergency management plan that address 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 disclosed 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), F.S. -- Patient records are confidential and must not be disclosed without the consent of the person to whom they pertain except that appropriate disclosure may be made as provided in the subsection.
Section 395.3025(7)(a), F.S. -- If the content of any patient treatment record is provided under this section, the recipient, if other 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 permitted by written consent of the patient. The content of such patient records is confidential and exempt from disclosure.
Section 395.3025(8), F.S. -- 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), F.S. -- A facility licensed under Ch. 395 (hospitals and surgical facilities) may prescribe the content and custody of limited-access records which the facility may maintain 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), F.S. -- Except as provided in the exemption, the home addresses, telephone numbers, and photographs of employees of any licensed 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 be held confidential by the facility upon written request by 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), F.S. -- 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), F.S. -- Those portions of a meeting of a public hospital's governing board, relating to contract negotiations as described in the subsection are exempt from the public meeting requirements; however, all governing board meetings at which the board is scheduled to vote on contracts, except managed care contracts, are open to the public. All portions of a board meeting closed to the public shall be subject to procedural requirements as set forth in the subsection.
Section 395.3035(4), F.S. -- Those portions of a meeting of a public hospital's governing board at which written strategic plans that are confidential pursuant to s. 395.3035(2), are discussed, reported on, modified, or approved by the governing board are exempt from open meetings requirements provided that certain procedural requirements as set forth in the subsection are complied with.
Section 395.3035(5), F.S. -- Any 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 are confidential and exempt from disclosure. All such records 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, F.S. -- 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 open 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), F.S. -- Patient care, transport, or treatment records or reports, or patient care quality assurance proceedings, records, 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 Department of Health and are exempt from s. 119.07(1).
Section 395.404(1)(b), F.S. -- 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), F.S. -- Information wh