2007 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 13

CS/SB 186 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 HB 63.  Sen. Dave Aronberg (D-Greenacres)

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

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)

• H. Policy and Budget Council: One minor amendment adopted; reported favorably as a committee substitute. Now on H. Calendar.

CS/HB 463 Exemption/High School Drug Tests: As amended, creates a public record exemption for the results of random drug tests of high school athletes. Provides that records relating to drug tests and to challenges and appeals of drug tests are confidential and exempt from public records requirements.  Further provides for disclosure of such records to certain persons.  Also exempts portions of a meeting at which confidential and exempt records are discussed or presented. Similar to SB 2202. Rep. Marcelo Llorente (R-Miami)

• H. Policy and Budget Council: Reported favorably. Now on H. Calendar.

SB 520 Exemption/Controlled Substances: Creates a public record exemption for identifying information of a patient, health care practitioner, pharmacist, or pharmacy contained in records held by DOH under the electronic-monitoring system for prescription of controlled substances.  "Identifying information" includes, but is not limited to, the name, address, telephone number, insurance plan number, social security number, or other unique identifying number.  Similar to HB 895.  Sen. Burt Saunders (R-Naples) L

• S. Criminal Justice Committee: Reported favorably. Now in S. Governmental Operations.

SB 628 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 various exemptions for the Florida Workers' Compensation Joint Underwriting Association is adopted. As amended, CS/SB 628 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 JUA 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. Reported favorably as a CS. Now in S. Judiciary.

CS/SB 830 Driver History Records: Amends s. 119.0712(2), F.S., the Driver's Privacy Protection Act, to further restrict disclosure of a person's identification card number, social security number, photograph, medical disability information, and emergency contact information. Similar to HB 1545. Sen. Carey Baker (R-Eustis)

• Senate: Passed the Senate unanimously. Now on H. Calendar.

CS/SB 1034 Exemption/Physician Workforce Surveys: Creates a public records exemption for all personal identifying information contained in records provided by licensed physicians in response to physician workforce surveys required as a condition of license renewal held by the Department of Health. Allows release  under certain specified circumstances. Sen. Jeff Atwater (R-North Palm Beach)

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

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)

• H. Policy and Budget Council: Reported favorably. Now on H. Calendar.

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)

• H. Policy and Budget Council: Reported favorably. Now on H. Calendar.

HB 1221 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 publicly available "by proper means by other persons from another source in the same configuration as requested by the local government entity." Similar to SB 1510. Rep. Julio Robaina (R-Miami)

• H. Government Efficiency & Accountability Council: Reported favorably. Now on H. Calendar.

CS/SB 1350 Exemption/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 Committee: A lengthy amendment making technical changes is adopted; reported favorably with one amendment. Now in S. Transportation and Economic Development Appropriations Committee.

SB 1760 Public Records/Inspection & Copying: Stipulates that a custodian of a public record or any person who has custody of public records may designate another officer or employee of the agency to permit inspection and copying of the records and requires disclosure of the identity of the designee to the person requesting the records.  Requires a prompt and good faith response to requests to inspect or copy public records.  Finally, stipulates that a custodian or designee be available to respond to public record requests during the regular business hours of the office at which the requested records are maintained.  Similar to HB 541.  Rep. Charlie Justice (D-St. Petersburg) J

• S. Governmental Operations Committee: 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 with one amendment. Now in S. Judiciary.

SB 2202 Exemption/High School Drug Tests: Creates a public record exemption for records relating to drug tests and to challenges and appeals of drug tests.  Also creates an exemption for those portions of a meeting at which confidential and exempt records are discussed or presented. Similar to HB 463. Sen. J. Alex Villalobos (R-Miami)

• S. Education Pre-K Committee: Reported favorably. 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. Higher Education Committee: Reported favorably. Now in S. Governmental Operations.

New Bills Filed

HB 7125 OGSR/Financial Account Numbers: Reenacts without modification the public record exemption for bank account and debit, charge, and credit card numbers under s. 119.071(5)(b).  Similar to SB 1348 and SB 1468.  H. Government Efficiency & Accountability Council

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

HB 7129 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 SB 1452.  H. Government Efficiency & Accountability Council J

HB 7131 OGSR/Abandoned Newborns: Reenacts without 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 SB 1950.  H. Government Efficiency & Accountability Council

HB 7133 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.  "Property identifier" is defined as the descriptor used to identify unclaimed property.  Similar to SB 1848.  H. Government Efficiency & Accountability Council

HB 7135 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 SB 886.  H. Government Efficiency & Accountability Council

HB 7137 OGSR/Law Enforcement Transmittal Letters: Reenacts and amends the public record 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, are exempt during the period in which the information constitutes 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 SB 7137.  H. Government Efficiency & Accountability Council

HB 7153 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."  Similar to SB 1852.  H. Government Efficiency & Accountability Council

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