2007 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 20

CS/SB 116 Use of Name/Armed Forces: Prohibits the use of a name or image of a member of the armed forces for the purpose of trade or for any commercial or advertising purpose. Provides certain exceptions. Similar to HB 1159. Sen. Jeff Atwater (R-North Palm Beach)

• Senate: A strike-all amendment is adopted. As amended, CS/SB 116, amends s. 540.08, F.S., relating to the unauthorized publication of a person's name or likeness, to stipulate that use of the name, portrait, photograph, or other likeness of a member of the armed forces is used for a commercial purpose without consent is subject to a civil penalty of $1,000 per violation. Passed the Senate unanimously. Now in H. Messages.

HB 131 Exemption/Florida Opportunity Fund: Creates a public record exemption for proprietary confidential business information concerning alternative investments of the Florida Opportunity Fund.  Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information.  Allows access by court order and a showing of good cause.  Similar to SB 2612.  Rep. Michael Grant (R-Port Charlotte)

• H. Economic Expansion & Infrastructure Council: A strike-all amendment making significant changes and expanding the exemption is adopted. As amended, 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 record 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. Reported favorably as a committee substitute. Now in H. Policy & Budget.

HB 213 Trust in Elections Act: In pertinent part, stipulates that all electronic voting systems approved by the Department of State must produce (1) a voter-verifiable paper record suitable for a manual audit and (2) a permanent paper record made available for inspection and verification by the voter at the time the vote is cast.  Finally, requires that the voter be provided an opportunity to correct any error made by the system before the permanent record is preserved for use in any manual audit.  Provides a penalty for the unauthorized removal from a polling place of paper records produced by an electronic voting machine.  Rep. Dorothy Hukill (R-Daytona Beach) J

• H. Economic Expansion & Infrastructure Council: Three amendments, including one strike-all amendment are adopted. As amended, requires that all voting be conducted by marksense ballots (optical scanners), and permits supervisors of elections to print individual marksense ballots through the use of ballot-on-demand technology for use in early voting and election-day voting. Also contains provisions regarding required audits. Reported favorably as a committee substitute. Now in H. Policy & Budget.

HB 253 Prohibition/Publication of Names: Makes minor modifications to s. 742.09, F.S., stipulating that it is unlawful to publish the name of any of the parties involved in a court proceeding to determine paternity, to allow publication for the limited purpose of service of process. Similar to SB 2870.  

• H. Safety & Security Council: Reported favorably. Now on H. Calendar.

HB 541 Public Records/Inspection & Copying: Stipulates that a custodian of public records may designate another officer or employee of the agency to permit the inspection and copying of public records. The identity of the records custodian designee must be disclosed. Also stipulates that a custodian or the designee must respond to requests promptly and in good faith and that a custodian or designee be available to respond to requests for public records during regular business hours of the office at which public records are maintained.  Finally, requires that a custodian or his or her designee be available to respond to public record requests during regular business hours of the office at which such records are maintained.  Similar to SB 1760.  Rep. Shelley Vana (D-West Palm Beach) J

• H. Government Efficiency & Accountability Council: A clarifying amendment is adopted. As amended, stipulates that a custodian or the custodian's designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. Reported favorably as a committee substitute. Now on H. Calendar.

CS/SB 560 Ad Valorem Tax Data: Amends s. 195.052, F.S., requiring the Department of Revenue to annually publish data relating to ad valorem tax data, to stipulate that certain ad valorem tax data must include the annual percentage increase in total non-voted ad valorem taxes levied by each municipality and county, and as well as information on the distribution of ad valorem taxes levied among the various classifications of property.  Similar to HB 153.  Sen. Jeff Atwater (R-North Palm Beach) J

• S. Finance and Tax Committee: Two amendments changing the effective dates of certain requirements are adopted; reported favorably as a committee substitute. Now in s. Government Appropriations.

CS/SB 816 OGSR/Law Enforcement Transmittal Letters: Reenacts with some modification the public records exemption in s. 119.071(2)(c)2., F.S., for requests made by a law enforcement agency to inspect or copy a public record in the custody of another agency.  As amended, stipulates that a request made by a law enforcement agency to inspect or copy a public record that is in the custody of another agency and the custodian's response to the request, and any information that would identify whether a law enforcement agency has requested or received that public record, are exempt, during the period in which the information constitute active criminal intelligence information or active investigative information. Also stipulates that the law enforcement agency that made the request to inspect or copy a public record shall give notice to the custodial agency when such information is no longer active so that all such information would be become available to the public. Similar to HB 7137.  S. Criminal Justice Committee

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

SB 886 OGSR/Building Plans: Reenacts with minor technical modification the public exemption in s. 119.071(3)(b), F.S., for building plans, blueprints, schematics drawings, and diagrams which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency.  Similar to HB 7135.  S. Committee on Military Affairs and Domestic Security

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

SB 950 Exemption/Agency Medical Records: Creates a public record exemption for medical records held by an agency.  Defines "medical record" as any patient-specific record created by a health care practitioner for the purpose of diagnosing or treating an illness.  S. Health Care Committee

• S. Governmental Operations Committee: Reported favorably. Now in S. Rules.

HB 961 Exemption/S. Florida Regional Transportation Authority: Creates a public record exemption for appraisal reports, offers, and counteroffers relating to land acquisition by the South Florida Regional Transportation Authority until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the authority.  Allows disclosure under certain, specified conditions. Similar to SB 608.  Rep. Julio Robaina (R-Miami)

• H. Economic Expansion & Infrastructure Committee: Reported favorably. Now in H. Policy & Budget.

CS/HB 1117 Fraudulent Use of Personal Information: Amends s. 817.568, F.S., providing an enhanced penalty for fraudulent use of personal identification information relating to individuals 65 years of age or older.  Similar to SB 2184.  Rep. John Legg (R-Port Richey)

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

HB 1123 Exemption/Fla. Health Info. Network: Creates a public records exemption for patient medical and health records, trade secrets, and certain other information held by the Florida Health Information Network Corporation. Similar to SB 2252 and SB 2350.  Rep. Denise Grimsley (R-Sebring)

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

HB 1159  Use of Name/Armed Forces: As amended, stipulates that a person may not use a name or image of a member of the armed forces for the purpose of trade or for any commercial or advertising purpose. Also provides that the phrase "commercial or advertising purpose" does not include the publication of such information when used in connection with a news story or editorial commentary in a print of electronic version of a newspaper or magazine. Similar to SB 116. Rep. Denise Grimsley (R-Sebring)

• H. Government Efficiency & Accountability Council: A strike-all amendment is adopted. As amended, amends s. 540.08, F.S., relating to the unauthorized publication of a person's name or likeness, to stipulate that use of the name, portrait, photograph, or other likeness of a member of the armed forces is used for a commercial purpose without consent is subject to a civil penalty of $1,000 per violation. Reported favorably as committee substitute. Now in H. Policy & Budget.

SB 1174 Trust in Elections Act: In pertinent part, stipulates that all electronic voting systems approved by the Department of State must produce (1) a voter-verifiable paper record suitable for a manual audit and (2) a permanent paper record made available for inspection and verification by the voter at the time the vote is cast.  Finally, requires that the voter be provided an opportunity to correct any error made by the system before the permanent record is preserved for use in any manual audit.  Provides a penalty for the unauthorized removal from a polling place of paper records produced by an electronic voting machine.  Similar to HB 213.  Sen. Paula Dockery (R-Lakeland) J

• S. Ethics and Elections Committee: A strike-all amendment is adopted. As amended, CS/SB 1174 in pertinent 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. Reported favorably. Now in S. Judiciary.

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. Governmental Operations Committee: Reported favorably. Now in S. Transportation and Economic Development Appropriations.

HB 1405 Exemption/Historic Landmarks - Donors: Creates a public records exemption for the name, identity, home or employment telephone number, home or employment address, or personal assets of any potential or actual donor, or that identifies any donation of gifts or funds,

to any publicly owned house museum that is designated by the U.S. Dept. of Interior as a National Historic Landmark. Also creates a an exemption for portions of meetings at which such information is presented or discussed.  Similar to SB 2772.  Rep. Edward Bullard (D-Miami)

• H. Government Efficiency & Accountability Council: A strike-all amendment is adopted. As amended, creates a public record 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 on H. Calendar.

SB 1452 OGSR/Public Service Tax: Repeals s. 166.236, F.S., providing an exemption for information received by a taxing authority or its agent in connection with an audit of public service taxes collected by a telecommunications service provider.  Similar to HB 7129.  S. Communications and Public Utilities Committee J

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

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)

• S. Governmental Operations Committee: Reported favorably. Now in S. Rules.

SB 1950 OGSR/Abandoned Newborns: Reenacts with minor technical modification the exemption in s. 383.51, F.S., for the identity of parents leaving newborn infants at hospitals, fire stations, or emergency medical services stations. Similar to HB 7131.  S. Children, Families and Elder Affairs Committee

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

SB 2024 Exemption/Alternative Energy Technology: Creates a public record exemption for the following information held by the Alternative Energy Technology Center: (1) the identity of a business that may be recruited and all negotiations to recruit a business to locate in Florida, with the stipulation that such information becomes public at the conclusion or termination of the recruitment process; (2) proprietary business information obtained from a business entity; (3) material related to methods of manufacture or production; (4) potential and actual trade secrets; (5) patentable material; (6) proprietary information received, generated, ascertained, or discovered during the course of research conducted by or through the Center; (7) the identity of a donor or potential donor who requests anonymity; (8) information received from another person, state, or nation that would otherwise be confidential or exempt; and (9) any record generated during portions of exempt meetings.  Also creates an exemption for portions of board meetings during which exempt information is presented or discussed.  Allows limited disclosure under certain specified conditions.  Sen. Mike Bennett (R-Bradenton)

• S. Communications and Public Utilities Committee: A strike-all amendment making various technical changes is adopted; reported favorably as a committee substitute. Now in S. Governmental Operations.

SB 2406 Exemption/Historic St. Augustine - Donors: Creates a public record 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 HB 853. Sen. James King (R- Jacksonville)

• S. Governmental Operations Committee: One technical amendment adopted. Reported favorably as a committee substitute. Now in S. Rules.

SB 2416 Exemption/SURE Venture Commercialization, Inc.: Creates a public records exemption for records relating to proprietary business information relating to state university research projects held by SURE Venture Commercialization, Inc. Also creates an exemption for portions of meetings of the board during which exempt information is presented or discussed. Allows limited disclosure under certain specified conditions. Similar to HB 1523.  Sen. Jeremy Ring (D-Margate)

• S. Governmental Operations Committee: A strike all amendment is adopted. As amended, As amended, creates a public record exemption for (1) materials relating to methods of manufacture or production, potential trade secrets, patentable material, actual trade secrets, or proprietary information received, generated, ascertained, or discovered during the course of research; (2) information identifying investors or potential investors in projects reviewed by the Florida Technology, Research, and Scholarship Board who desire anonymity; and (3) information that would otherwise be confidential or exempt received from another state or nation, held by the Board. Also exempts portions of meetings at which exempt information is discussed, as well as all records generated during the exempt meeting. Allows disclosure under certain specified conditions. Reported favorably as a committee substitute. Now in S. Rules.

CS/SB 2422 Exemption/SURE Venture Capital Fund: Creates a public records exemption for records relating to proprietary business information related to state-supported research projects held by the SURE Venture Capital Fund and the Institute for Commercialization of Public Research. Also creates an exemption for portions of meetings of the board during which exempt information is presented or discussed. Allows limited disclosure under certain specified conditions.  Similar to HB 1527. Sen. Jeremy Ring (D-Margate)

• S. Governmental Operations Committee: A strike-all amendment is adopted. As amended, 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. 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 record 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. Reported favorably as a committee substitute. Now in S. Rules.

SB 2546 Child Abuse Reporting: Requires health care practitioners and other specified agencies and agency personnel to report a pregnancy of a child under 16 years of age to certain law enforcement agencies under certain circumstances. Similar to HB 1425.  Sen. Ronda Storms (R-Brandon)

• S. Children, Families, and Elder Affairs Committee: Killed in committee by a vote of 3/4.

SB 2612 Exemption/Florida Opportunity Fund: Creates a public records exemption for proprietary confidential business information concerning alternative investments of the Florida Opportunity Fund. Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information. Allows access by court order and a showing of good cause. Similar to HB 131. Sen. Jeremy Ring (D-Margate)

• S. Governmental Operations Committee: As amended, 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 record 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. Reported favorably as a committee substitute. Now in S. Rules.

SB 2870 Prohibition/Publication of Names: In pertinent part, amends s. 742.09, F.S., stipulating that it is unlawful to publish the name of any of the parties involved in a court proceeding to determine paternity except for the purpose of serving process by publication. Similar to HB 253.  S. Committee on Children & Families

• S. Judiciary Committee: Various amendments making minor changes are adopted; reported favorably as a committee substitute. Now in S. General Government Appropriations.

NEW BILLS FILED

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.  H. Jobs & Entrepreneurship Council

HB 7169 Exemption/Worker's Compensation: Creates public record exemptions for (1) underwriting files; (2) claims files until termination of all litigation and settlement of all claims arising out of the same accident; (3) records generated or obtained by an auditor pursuant to a routine audit until the audit is complete; (4) proprietary information licensed to the Worker's Compensation Joint Underwriter's Association under contract; (5) medical records; (6) records relating to an employee's participation in an employee assistance program; (7) information relating to negotiations for financing, reinsurance, etc., until conclusion of the negotiations; (8) reports provided to or submitted by the JUA regarding suspected fraud or other criminal activity until any investigation into such activity is closed or ceases to be active; (9) payroll information and client lists of employee leasing companies received from the Department of Revenue; and (10) records prepared by a JUA attorney reflecting a mental impression, conclusion, litigation strategy, or legal theory of the attorney.  Allows disclosure under certain specified circumstances.  Also creates an exemption for portions of meetings of the JUA's board of governors at which exempt information is to be discussed.  Requires that all exempt portions of meetings be recorded and that the recordings be transcribed.  Similar to CS/SB 682.  H. Jobs & Entrepreneurship Council

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