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written summary, SWDD shall maintain the confidentiality of the record , unless and until a final court order is entered requiring production of the record . If the County Attorney disagrees with Processor' s position as set forth in the written summary, the County Attorney shall provide written notice of such disagreement to Processor, and SWDD shall thereafter produce the record pursuant to the request, unless ( i ) within two ( 2 ) business days of receipt of the County Attorney' s notice of disagreement, Processor delivers written notice to the County Attorney of Processor' s intent to file a civil action to determine the validity of Processor' s position that the record is confidential or exempt, and ( ii ) within seven ( 7 ) business days of receipt of the County Attorney' s notice of disagreement, Processor files such civil action in the Circuit Court in and for Indian River County, Florida . SWDD shall comply with any final court order determining the status of the record as confidential or exempt . ( b ) If ( i ) the County Attorney has provided written notice disagreeing with Processor' s position that the record is confidential or exempt, ( ii ) Processor, or the third party who requested the record , has filed a civil action to determine the validity of Processor' s position that the record is confidential or exempt, ( iii ) a final court order has been entered determining that the record is not confidential or exempt, and ( iv ) a final court order has been entered requiring SWDD to pay the attorney' s fees , costs or expenses of the third party who requested the record , then Processor shall , upon written demand by SWDD, pay such attorney' s fees, costs or expenses to the third party, or, if SWDD has already paid such fees, costs or expenses to the third party, reimburse SWDD for such amounts . ( c ) If SWDD receives a subpoena or similar court order ( collectively "subpoena " ) requiring production of a record which Processor has stamped or marked as "confidential " ( other than a court order described in subsections ( a ) and ( b ) above ) , SWDD shall immediately provide a copy of such subpoena to Processor . Processor, if it elects to do so, shall thereafter be responsible for obtaining a court order staying, quashing or otherwise determining that SWDD is not required to comply with the subpoena . In the absence of such order, SWDD shall comply with the subpoena . ( d ) For the purposes of this section , the term "SWDD " shall include Indian River County, Florida . [ balance of page intentionally left blank] - 23 -