PR: Exempt vs. Confidential + Exempt

Question 1

What is the difference between exempt & confidential + exempt under FS 119?

Answer 1

Exempt less stringent.
Confidential + Exempt.

Question 2

What is the limits on releasing Confidential & Exempt?

Answer 2

Not public.
Only those designated in pertinent statute.

Question 3

Give an example of when select people can see Confidential & Exempt.

Answer 3

911 call info is confidential & exempt.
LG attorney & other officials responsible for advising LG on 911 may see the records, even though they contain medical records.

Question 4

What is a safeguard on Confidential & Exempt medical records?

Answer 4

Have patient sign release before a notary.

Question 5

Who surprisingly is not able to order release of Confidential & Exempt?

Answer 5

Administrative Law Judge. Not a court of competent jurisdiction.

Question 6

What is standard for Court to order release of Confidential & Exempt?

Answer 6

Good cause. Case-by-case.

Question 7

Can exempt records be released?

Answer 7

Yes. Make sure release isn’t contrary to exempting statute’s concern..

Question 8

Give examples of exempt records.

Answer 8

Photos of LEOs.
Property Appraiser disclosing addresses to Code inspector to provide notice of Code violations.

Question 9

What should you consider before releasing exempt records?

Answer 9

Is there a statutory or substantial policy need for disclosure?
Is release consistent w/ exempting statute policy?

Question 10

What are 2 unique circumstances where released exempt records remain exempt?

Answer 10

Criminal agency transferring investigative info to another criminal agency.
—
Work product transfer from County Atty to City Atty due to substitution in litigation.