119.0713 Local government agency exemptions from inspection or copying of public records.—
(1) All complaints and other records in the custody of any unit of local government which relate to a complaint of discrimination relating to race, color, religion, sex, national origin, age, handicap, marital status, sale or rental of housing, the provision of brokerage services, or the financing of housing are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until a finding is made relating to probable cause, the investigation of the complaint becomes inactive, or the complaint or other record is made part of the official record of any hearing or court proceeding. This provision does not affect any function or activity of the Florida Commission on Human Relations. Any state or federal agency that is authorized to access such complaints or records by any provision of law shall be granted such access in the furtherance of such agency’s statutory duties. This subsection does not modify or repeal any special or local act.
(2)(a) As used in this subsection, the term “unit of local government” means a county, municipality, special district, local agency, authority, consolidated city-county government, or any other local governmental body or public body corporate or politic authorized or created by general or special law.
(b) The audit report of an internal auditor and the investigative report of the inspector general prepared for or on behalf of a unit of local government becomes a public record when the audit or investigation becomes final. An audit or investigation becomes final when the audit report or investigative report is presented to the unit of local government. Audit workpapers and notes related to such audit and information received, produced, or derived from an investigation are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution until the audit or investigation is complete and the audit report becomes final or when the investigation is no longer active. An investigation is active if it is continuing with a reasonable, good faith anticipation of resolution and with reasonable dispatch.
(3) Any data, record, or document used directly or solely by a municipally owned utility to prepare and submit a bid relative to the sale, distribution, or use of any service, commodity, or tangible personal property to any customer or prospective customer is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This exemption commences when a municipal utility identifies in writing a specific bid to which it intends to respond. This exemption no longer applies after the contract for sale, distribution, or use of the service, commodity, or tangible personal property is executed, a decision is made not to execute such contract, or the project is no longer under active consideration. The exemption in this subsection includes the bid documents actually furnished in response to the request for bids. However, the exemption for the bid documents submitted no longer applies after the bids are opened by the customer or prospective customer.
(4)(a) Proprietary confidential business information means information, regardless of form or characteristics, which is held by an electric utility that is subject to this chapter, is intended to be and is treated by the entity that provided the information to the electric utility as private in that the disclosure of the information would cause harm to the entity providing the information or its business operations, and has not been disclosed unless disclosed pursuant to a statutory provision, an order of a court or administrative body, or a private agreement that provides that the information will not be released to the public. Proprietary confidential business information includes:
2. Internal auditing controls and reports of internal auditors.
3. Security measures, systems, or procedures.
4. Information concerning bids or other contractual data, the disclosure of which would impair the efforts of the electric utility to contract for goods or services on favorable terms.
5. Information relating to competitive interests, the disclosure of which would impair the competitive business of the provider of the information.
(b) Proprietary confidential business information held by an electric utility that is subject to this chapter in conjunction with a due diligence review of an electric project as defined in s. 163.01(3)(d) or a project to improve the delivery, cost, or diversification of fuel or renewable energy resources is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(c) All proprietary confidential business information described in paragraph (b) shall be retained for 1 year after the due diligence review has been completed and the electric utility has decided whether or not to participate in the project.
(5) Customer meter-derived data and billing information in increments less than one billing cycle held by a utility owned or operated by a unit of local government are exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(a) This exemption applies to such data and information held by a utility owned or operated by a unit of local government before, on, or after the effective date of this exemption.
(b) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2027, unless reviewed and saved from repeal through reenactment by the Legislature.
(6)(a) As used in this subsection, the term:
1. “Body camera” means a portable electronic recording device that is worn on a code inspector’s body and that records audio and video data in the course of the performance of his or her official duties and responsibilities.
2. “Code inspector” has the same meaning as in s. 162.04(2).
3. “Personal representative” means a parent, a court-appointed guardian, an attorney, or an agent of, or a person holding a power of attorney for, a person recorded by a body camera. If a person depicted in the recording is deceased, the term also means the personal representative of the estate of the deceased person; the deceased person’s surviving spouse, parent, or adult child; the deceased person’s attorney or agent; or the parent or guardian of a surviving minor child of the deceased. An agent must possess written authorization of the recorded person to act on his or her behalf.
(b) A body camera recording, or a portion thereof, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution if the recording:
1. Is taken within the interior of a private residence;
2. Is taken within the interior of a facility that offers health care, mental health care, or social services; or
3. Is taken in a place that a reasonable person would expect to be private.
(c) Notwithstanding paragraph (b), a body camera recording, or a portion thereof, may be disclosed by a local government:
1. In furtherance of its official duties and responsibilities; or
2. To another governmental agency in the furtherance of its official duties and responsibilities.
(d) Notwithstanding paragraph (b), a body camera recording, or a portion thereof, must be disclosed by a local government:
1. To a person recorded by the body camera; however, a local government may disclose only those portions relevant to the person’s presence in the recording;
2. To the personal representative of a person recorded by the body camera; however, a local government may disclose only those portions relevant to the represented person’s presence in the recording;
3. To a person not depicted in the body camera recording if the recording depicts a place in which the person lawfully resided, dwelled, or lodged at the time of the recording; however, a local government may disclose only those portions that record the interior of such a place; or
4. Pursuant to a court order.
a. In addition to any other grounds the court may consider in determining whether to order that a body camera recording be disclosed, the court shall consider whether:
(I) Disclosure is necessary to advance a compelling interest;
(II) The recording contains information that is otherwise exempt or confidential and exempt under the law;
(III) The person requesting disclosure is seeking to obtain evidence to determine legal issues in a case in which the person is a party;
(IV) Disclosure would reveal information regarding a person which is of a highly sensitive personal nature;
(V) Disclosure may harm the reputation or jeopardize the safety of a person depicted in the recording;
(VI) Confidentiality is necessary to prevent a serious and imminent threat to the fair, impartial, and orderly administration of justice;
(VII) The recording could be redacted to protect privacy interests; and
(VIII) There is good cause to disclose all or portions of the recording.
b. In any proceeding regarding the disclosure of a body camera recording, the local government that made the recording must be given reasonable notice of hearings and an opportunity to participate.
(e) A local government shall retain a body camera recording for at least 90 days.
(f) The exemption provided in paragraph (b) applies retroactively.
(g) This subsection does not supersede any other public records exemption that existed before or is created after the effective date of this exemption. Those portions of a recording which are protected from disclosure by another public records exemption continue to be exempt or confidential and exempt.
(h) This subsection is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2031, unless reviewed and saved from repeal through reenactment by the Legislature.
History.—s. 1, ch. 86-21; s. 24, ch. 95-398; s. 1, ch. 95-399; s. 1, ch. 96-230; s. 1, ch. 2001-87; ss. 1, 2, ch. 2003-110; s. 7, ch. 2004-335; ss. 34, 35, 36, ch. 2005-251; ss. 3, 5, ch. 2008-57; s. 1, ch. 2011-87; s. 1, ch. 2013-143; s. 1, ch. 2016-47; s. 2, ch. 2016-95; s. 1, ch. 2018-120; s. 1, ch. 2019-38; s. 1, ch. 2024-24; s. 1, ch. 2026-49; s. 10, ch. 2026-120.
Note.—
A. Additional exemptions from the application of this section appear in the General Index to the Florida Statutes under the heading “Public Records.”
