2007 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 30

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. Business Regulation Council: Reported favorably. Now in H. Jobs and Entrepreneurship Council.

HB 455 Exemption/Organ & Tissue Donation Program: In pertinent part, stipulates 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 s.24, Art. I of the state constitution, unless otherwise made exempt by law. Similar to SB 1350. Rep. Larry Cretul (R-Ocala)

• H. Healthcare Council: Reported favorably. Now in H. Healthcare Council.

CS/HB 463 Exemption/High School Drug Tests: Creates a public records 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.  Additionally, stipulates that the portions of a meeting at which confidential and exempt records are discussed or presented are exempt from public meetings requirements. Similar to SB 2202. Rep. Marcelo Llorente (R-Miami)

• H. Schools and Learning Council: Reported favorably. Now in H. Policy and Budget Council.

SB 560 Ad Valorem Tax Data: Amends s. 119.052, F.S., requiring the Department of Revenue to annually publish data relating to ad valorem tax data, to stipulate that such data must include the annual percentage increase in total non-voted ad valorem taxes levied by each local taxing authority and 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)

• S. Community Affairs Committee: An amendment was adopted. Reported favorably as a committee substitute. In pertinent part, the amendment stipulates certain ad valorem tax data shall include the annual percentage increase in total nonvoted ad valorem taxes levied by each municipality and county, and shall include information on the distribution of ad valorem taxes levied among the various classifications of property. Now in S. Community Affairs Committee.

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)

• S. Special Order: Read 2^nd time. Now on 3^rd Reading.

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)

• H. Economic Expansion and Infrastructure Council: Reported favorably. Now in H. Policy and Budget Council.

CS/HB 1117 Fraudulent Use of Personal Info: Amends s. 817.568, F.S., allowing for an enhanced penalty for fraudulent use of personal identification information relating to individuals 65 years of age or older without consent. Provides criminal penalties. Similar to SB 2184. Rep. John Legg (R-Port Richey)

• H. Safety and Security Council: An amendment was adopted. Reported favorably as a council substitute, which in pertinent part, deletes the portion in the bill making it a crime to possess personal identification information. Now in H. Policy and Budget Council.

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. Healthcare Council: Reported favorably. Now in H. Healthcare Council.

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 public 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. State Affairs Committee: Reported favorably. Now in H. Government

Efficiency and Accountability Council.

SB 1346 Court Records: Amends the general state policy on public records under s. 119.01(1), F.S., to include language from the constitutional right of access to public records.  Provides a definition for the terms "confidential and exempt" and "exempt."  Stipulates that only certain specified exemptions in chapter 119 will be applied to court records but further stipulates that the section does not apply to exemptions found in other sections of the law.  S. Judiciary Committee

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• S. Judiciary Committee: An amendment was adopted. Reported favorably as a committee substitute. In pertinent part, the amendment stipulates public records are open for inspection and copy except for certain circumstances such as when the records are exempt by statute, the records are confidential and exempt by statute, access to the records are limited by court rule, access to the records are limited by legislative rule, or the records are confidential pursuant to the State Constitution. Stipulates certain records made part of a court file are exempt such as certain agency attorney records, data processing software, information related to surveillance techniques, confessions of an arrested person, confidential informants, criminal intelligence or investigative information, undercover personnel, social security numbers, and bank account numbers. Now in S. Governmental Operations.

SB 1348 OGSR/Social Security Numbers & Personal Financial Information - Court Records: Reenacts with minor modification s. 119.071(5), F.S., providing an exemption for social security numbers and personal financial information contained in a court record.  S. Judiciary Committee

• S. Judiciary Committee: A minor technical amendment was adopted. Reported

favorably with the amendment. Now in S. Governmental Operations.

HB 1545 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 SB 830. Rep. Greg Evers (R-Milton)

• H. Government Efficiency Committee: Reported favorably. Now in H. Policy and

Budget Council.

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

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

Rules.

SB 1850 OGSR/DOI - Workpapers: Reeancts and amends s. 624.319, F.S., providing an exemption for certain records or reports held by or provided to the Department of Insurance (DOI).  As amended, exempts examination reports until filed, investigation reports, and workpapers and other information held by or provided to the Department of Insurance (DOI) in performance of its examination or investigation duties until the report is filed or the investigation is complete or no longer active.  S. Banking and Insurance Committee

• S. Banking and Insurance Committee: An amendment is adopted. Reported favorably as a committee substitute. In pertinent part, the amendment defines "workpapers" to mean records of the procedures followed, tests performed, information obtained, and conclusions reached in certain examinations or investigations. Workpapers include planning documentation, work programs, analyses, memoranda, letters of confirmation and representative, abstracts of company documents, schedules or commentaries prepared or obtained in the course of such examinations or investigations, and information based on civil and criminal complaints and 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. Now in S. Governmental Operations.

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

• 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.  S. Children, Families and Elder Affairs Committee

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

Rules.

SB 2390 Exemption/Fla. Atlantic Univ. - Hospital Sublessees: Creates public records exemption for proprietary business information of the hospital lessee.  Includes lessee information relating to internal auditing, privileged attorney-client communications, bids and other contractual data, corporate officer and employee personnel information, meetings minutes, plans for marketing services, trade secrets, and certain donor information. Provides public meetings exemption for meetings of the board of directors of the lessee relating to discussions on the operation and funding of the hospital.Similar to HB 1337. Sen. Jeff Atwater (R-North Palm Beach)

• S. Higher Education Committee: An amendment was adopted. Reported favorably

as a committee substitute.  In pertinent part, the amendment stipulates that all records and information in the possession of Boca Raton Community Hospital, Inc., or a subsidiary thereof, in its capacity as a lessee are confidential and exempt.  Also stipulates meetings of the board of directors of Boca Raton Community Hospital, Inc., or subsidiary thereoof, in its capacity as a lessee at which such information is presented or discussed is confidential and exempt, and that any records generated from such meetings are closed to the public.Now in S. Governmental Operations.

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. Commerce Committee: Reported favorably with two technical amendments. Now in S. Governmental Operations.

SB 2624 Exemption/Public Hospital CEOs: Creates a public records exemption for the name of a candidate or nominee for the position of chief executive officer or designated corporate officer of a public hospital in the possession of a search committee for the purpose of selecting candidates or nominees, as well as all records or information that would reveal the identity of a candidate or nominee until the list of candidates or nominees is given to the hospital governing board.  Also exempts any meeting or portion of a meeting of a search committee at which information concerning such candidates or nominees is presented or discussed. Similar to

HB 467. Sen. Steve Oelrich (R-Gainesville)

• S. Health Regulation Committee: A strike-all amendment is adopted. Reported favorably as a committee substitute. In pertinent part, the amendment creates the Task Force on Open Government within the Governor's Office of Open Government to review, evaluate, and issue recommendations concerning the public records and public meetings laws. Provides for certain members to be appointed to the task force. Further provides that the task force will consider certain issues that pertain to privacy and public access as they relate to the dissemination of information contained in public records, such as the expectation of privacy regarding sensitive personal information contained in public records. The task force is required to submit a final report to the Governor by January 1, 2008. Now in. S. Health Regulation Committee. ???

PLEASE NOTE: The legislature will be out most of next week for the holiday. Therefore, FAF will not publish a legislative report next week. If there is any action on any of the bills that FAF is tracking, we will report such action on the next report.

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