PR: Exempt vs. Confidential + Exempt Flashcards
What is the difference between exempt & confidential + exempt under FS 119?
Exempt less stringent.
Confidential + Exempt.
What is the limits on releasing Confidential & Exempt?
Not public.
Only those designated in pertinent statute.
Give an example of when select people can see Confidential & Exempt.
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.
What is a safeguard on Confidential & Exempt medical records?
Have patient sign release before a notary.
Who surprisingly is not able to order release of Confidential & Exempt?
Administrative Law Judge. Not a court of competent jurisdiction.
What is standard for Court to order release of Confidential & Exempt?
Good cause. Case-by-case.
Can exempt records be released?
Yes. Make sure release isn’t contrary to exempting statute’s concern..
Give examples of exempt records.
Photos of LEOs.
Property Appraiser disclosing addresses to Code inspector to provide notice of Code violations.
What should you consider before releasing exempt records?
Is there a statutory or substantial policy need for disclosure?
Is release consistent w/ exempting statute policy?
What is unique circumstance where released exempt records remain exempt?
Criminal agency transferring investigative info to another criminal agency.
Work product transfer from County Atty to City Atty due to substitution in litigation.
