2007 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 27

HB 63 Exemption/Domestic Violence - State Employees: Creates a public records exemption for personal identifying information contained in records documenting an act of domestic violence that is submitted to an agency by an agency employee.  Also exempts written requests for leave submitted by an agency employee and agency time sheets reflecting such requests until one year after the leave has been taken.  Similar to CS/SB 186.  Rep. Ari Abraham Porth (D-Coral Springs)

• H. Jobs & Entrepreneurship Council: Reported favorably.

• House: Passed unanimously. Now in S. Messages.

CS/HB 131 Exemption/Florida Opportunity Fund: Creates a public record exemption for (1) materials relating to methods of manufacture or production, potential trade secrets, or patentable material received, generated, ascertained, or discovered during the course of research; (2) information identifying investors or potential investors who desire anonymity; (3) information that would otherwise be confidential or exempt received from another state or nation; and (4) proprietary confidential business information until 10 years after termination of the alternative investment held by the Florida Opportunity Fund. Defines "proprietary confidential business information" as information owned or controlled by the proprietor that is intended to be and is treated as private, the disclosure of which would harm the business interests of the proprietor and has not been intentionally disclosed.  Also creates an exemption for portions of meetings at which exempt information is discussed.  Requires that such meetings be recorded but creates an exemption for transcripts and minutes of exempt portions of minutes.  Allows access under certain specified conditions and stipulates that any lawsuit to compel access must be brought in Orange County. Similar to SB 2612.  Rep. Michael Grant (R-Port Charlotte)

• H. Policy & Budget Council: A strike-all amendment expanding the exemption to include the Institute for Commercialization of Public Research and creating similar exemptions for the Florida Technology, Research, and Scholarship Board is adopted. Reported favorably as a committee substitute.

• House: Passed unanimously. Now in S. Messages.

CS/HB 455 Organ & Tissue Donation Program: In pertinent part, amended to stipulate that the records and meetings of the Florida Coalition on Donation, a private non-profit organization providing education and helping to coordinate the statewide organ and tissue donation program, are open to the public in accordance with s. 119.07(1), F.S., s. 286.011, F.S.,  and Art. I, s.24, Fla. Con., unless otherwise made exempt by law.  Similar to SB 1350.  Rep. Larry Cretul (R-Ocala)

• House: Passed unanimously. Now in S. Messages.

SB 630 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Al Lawson (D-Tallahassee)

• S. Governmental Operations Committee: A strike-all amendment creating a public record exemption for personal identifying information of participants in the Lifeline Assistance Plan held by the Public Service Commission and allowing disclosure under certain specified conditions is adopted. Reported favorably as a committee substitute. Now in S. Rules.

SB 632 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Al Lawson (D-Tallahassee)

• S. Governmental Operations Committee: A strike-all amendment creating a public record exemption for U.S. Census Bureau information including maps showing structure location points, address verification records, and address error or omission records held by an agency pursuant to federal law is adopted. Reported favorably as a committee substitute. Now in S. Rules.

HB 853 Exemption/Historic St. Augustine - Donors: Creates a public records exemption for the identity of a donor or prospective donor to the historic preservation of St. Augustine if the donor or prospective donor wishes to remain anonymous. Similar to SB 2406.  Rep. Bill Proctor (R-St. Augustine)

• House: Passed unanimously. Now in S. Messages.

CS/SB 1174 Trust in Elections Act: In pertinent part, requires all electronic voting machines to make a paper record for each vote cast available and provide standardized reporting of election results as determined by the Department of State.  Requires the DOS to adopt rules regarding the reporting of election results.  Also requires random audits by each supervisor of elections immediately following certification of an election.  Similar to HB 213.  Sen. Paula Dockery (R-Lakeland)

• S. Judiciary Committee: Reported favorably. Now in S. Transportation and Economic Development Appropriations.

SB 1182 Exemption/Economic Development Agencies: Amends s. 288.075, F.S., allowing an exemption for certain records of an economic development agency, to provide a definition of "proprietary confidential business information" and "trade secret."  Expands current law to allow an exemption for such information in perpetuity. Also provides an exemption for economic incentive program information held by an EDA, including the average wage actually paid by a participating business for those jobs created pursuant to the program which is held as evidence of achievement or nonachievement of program requirements.  Similar to HB 7201. S. Commerce Committee

• S. Governmental Operations Committee: A strike-all amendment is adopted. As amended, CS/SB 1182 creates an exemption for trade secrets and federal identification number, unemployment compensation account numbers, or Florida sales tax registration numbers held by an economic development agency (EDA). Also exempts proprietary confidential business information held by an EDA until such information is no longer treated as such by the proprietor.

In addition, creates exemption for certain specified information held by an EDA pursuant to the administration of an economic incentive program for qualified business, stipulating that the exemption applies only for the duration of the incentive agreement and expires if the incentive agreement is terminated.  Reported favorably as a committee substitute.  Now on S. Calendar.

CS/SB 1350 Organ & Tissue Donation: In pertinent part, amended to stipulate that the records and meetings of the Florida Coalition on Donation, a private non-profit organization providing education and helping to coordinate the statewide organ and tissue donation program, are open to the public in accordance with s. 119.07(1), F.S., s. 286.011, F.S.,  and Art. I, s.24, Fla. Con., unless otherwise made exempt by law.  Similar to HB 455.  Sen. Steve Oelrich (R-Gainesville)

• S. Transportation and Economic Development Appropriations Committee: Reported favorably. Now on S. Calendar.

CS/HB 1405 Exemption/Historic Landmarks - Donors: Creates a public records exemption for information identifying a donor or prospective donor to certain publicly owned house museums if such persons desire to remain anonymous.  Similar to SB 2772.  Rep. Edward Bullard (D-Miami)

• House: Passed unanimously. Now in S. Messages.

SB 1468 OGSR/Social Security Numbers & Personal Financial Information: Reenacts with minor modification s. 119.071(5), F.S., providing an exemption for social security numbers and personal financial information held by an agency.  Similar to HB 7197. S. Governmental Operations Committee

• S. Governmental Operations Committee: A strike-all amendment making minor technical changes is adopted. Reported favorably as a committee substitute. Now on S. Calendar.

SB 1510 Exemption/Sunshine State One-Call: Creates a public records exemption for proprietary confidential business information held by Sunshine State One-Call for the purpose of describing the extent and root cause of damage to an underground facility or using the member ticket management software system.  Stipulates that such information will be exempt from public disclosure only if the information (1) is treated by the company as confidential; (2) would be reasonably likely to be used by a competitor to harm the business interests of the company; and (3) is not otherwise readily ascertainable or public available "by proper means by other persons from another source in the same configuration as requested by the local government entity." Similar to HB 1221.  Sen. Dave Aronberg (D-Greenacres)

• Senate: Passed unanimously. Now in H. Messages.

CS/SB 1848 OGSR/Abandoned Property Records: Reenacts and amends s. 717.117, F.S., providing an exemption for social security numbers and financial account numbers in reports to the Department of Financial Services of abandoned or unclaimed property.  As amended,  stipulates that social security numbers and property identifiers contained in reports to the Department of Financial Services of abandoned or unclaimed property are confidential and exempt  S. Banking and Insurance Committee

• Senate: Passed unanimously. Now in H. Messages.

CS/SB 1850 OGSR/DOI - Workpapers: Reeancts and amends s. 624.319, F.S., providing an exemption for examination reports, investigative records, and workpapers held by or provided to the Department of Insurance (DOI). As amended, defines "workpapers" to mean records of the procedures followed, tests performed, information obtained, and conclusions reached in certain examinations or investigations.  Additionally, provides that after an examination report is filed or an investigation is completed or ceases to be active, portions of workpapers may remain confidential and exempt under certain circumstances.  Similar to HB 7187.  S. Banking and Insurance Committee

• S. Governmental Operations Committee: A strike-all amendment is adopted.

As amended, exempts examination reports until filed, investigation reports, and workpapers and other information held by or provided to DOI in performance of its examination or investigation duties until the examination report is filed or the investigation is complete or no longer active.  Now on S. Calendar.

SB 1852 OGSR/DOI - Personal Financial and Identifying Information: Amends and slightly expands the exemption provided by s. 624.23, F.S., for personal financial and health information of a consumer held by the Department of Insurance (DOI) or its service providers.  As amended, exempts personal financial and health information held by DOI and the Department of Financial Services relating to a consumer's complaint or inquiry regarding matters regulated under the Florida Insurance Code.  Provides a definition of "personal financial and health information." S. Banking and Insurance Committee

• Senate: Passed unanimously. Now in H. Messages.

SB 2772 Exemption/Historic Landmarks - Donors: Creates a public records exemption for the name and other information that identifies a potential or actual donor of funds to any publicly owned house museum that is designated by the U.S. Dept. of Interior as a National Historic Landmark, as well as information about the donation. Also creates a an exemption for portions of meetings at which such information is presented or discussed. Similar to HB 1405. Sen. Larcenia Bullard (D-Miami)

• S. Community Affairs Committee: A strike-all amendment is adopted. As amended, creates a public records exemption for information identifying a donor or prospective donor to certain publicly owned house museums if such persons desire to remain anonymous. Reported favorably as a committee substitute. Now in S. Governmental Operations.

HB 7127 OGSR/Identifying Information - Optional Retirement Program: Reenacts with minor modification s. 121.4501, F.S., providing an exemption for personal identifying information of participants in the Public Employee Optional Retirement Program. Similar to SB 1492.   H. Government Efficiency & Accountability Council

• House: Passed unanimously. Now in S. Messages.

HB 7159 Exemption/Lifeline Assistance Plan Participants: Creates a public record exemption for personal identifying information of participants in the Lifeline Assistance Plan held by the Public Service Commission.  Allows disclosure under certain specified conditions.  Similar to CS/SB 630.  H. Jobs & Entrepreneurship Council

• House: Passed unanimously. Now in S. Messages.

NEW BILLS FILED

HB 7187 OGSR/DOI - Workpapers: Reeancts and amends s. 624.319, F.S., providing an exemption for examination reports, investigative records, and workpapers held by or provided to the Department of Insurance (DOI). As amended, defines "workpapers" to mean records of the procedures followed, tests performed, information obtained, and conclusions reached in certain examinations or investigations and exempts examination reports until filed, investigation reports, and workpapers and other information held by or provided to DOI in performance of its examination or investigation duties until the examination report is filed or the investigation is complete or no longer active. Additionally, provides that after an examination report is filed or an investigation is completed or ceases to be active, portions of workpapers may remain confidential and exempt under certain circumstances.  Similar to SB 1850.  H. Government Efficiency & Accountability Council

• House: Passed unanimously. Now in S. Messages.

HB 7193 Exemption/U.S. Census Information: Creates a public record exemption for U.S. Census Bureau information including maps showing structure location points, address verification records, and address error or omission records held by an agency pursuant to federal law.  Similar to CS/SB 632.  H. Government Efficiency & Accountability Council

• House: Passed unanimously. Now in S. Messages.

HB 7197 OGSR/Social Security Numbers & Personal Financial Information: Reenacts with minor modification s. 119.071(5), F.S., providing an exemption for social security numbers and personal financial information held by an agency.  Similar to SB 1468.  H. Government Efficiency & Accountability Council

• House: Passed unanimously. Now in S. Messages.

HB 7201 Exemption/Economic Development Agencies: Creates an exemption for trade secrets and federal identification number, unemployment compensation account numbers, or Florida sales tax registration numbers held by an economic development agency (EDA).  Also exempts proprietary confidential business information held by an EDA until such information is no longer treated as such by the proprietor.  In addition, creates exemption for certain specified information held by an EDA pursuant to the administration of an economic incentive program for qualified business, stipulating that the exemption applies only for the duration of the incentive agreement and expires if the incentive agreement is terminated.  Similar to SB 1182.  H. Government Efficiency & Accountability Council

• House: Passed by a vote of 116/1 (Rep. Susan Bucher voting no). Now in S. Messages.

HB 7217 Exemption/Auto Insurance Records: Creates a public record exemption for reports of auto insurance policy cancellations, renewals, and the issuance of new auto insurance policies held by the Department of Highway Safety and Motor Vehicles.  Allows disclosure under certain specified conditions.  H. Rules & Calendar Council

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