2007 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 23

HB 153 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 SB 560.  Rep. Jack Seiler (D-Pompano Beach)

• H. Government Efficiency and Accountability Council: Reported favorably. Now in H. Government Efficiency and Accountability Council.

HB 541 Public Records/Inspection & Copying: Stipulates that each agency head who appoints a designee to act as custodian of public records must provide notice of the designation to the public.  Stipulates that the notice must contain the name and title of the designee, as well as the designee's e-mail address, office telephone number, and office mailing address, and that the notice be prominently posted in areas of the office accessible to the public as well as on the agency's website.  Prohibits denial of the existence of a public record by any person who is not the custodian or of public records or the designee.   Also stipulates that custodians of public records and their designees must respond to public record requests "promptly and in good faith," and that a "good faith response" includes determining whether the record requested exists and, if so, where it can be accessed.  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)

• H. Government Efficiency and Accountability Council: A strike-all amendment

was adopted. Reported favorably with amendment. In pertinent part, the amendment 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. Now in H. Government Efficiency and Accountability Council.

SB 608 Exemption/S. Florida Regional Transportation Authority: Creates a public records 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 HB 961.  Sen. Steven Geller (D-Hallandale Beach)

• S. Transportation Committee: Temporarily postponed. Now in S. Transportation

Committee.

SB 734 Campaign Financing/Local Government: Prohibits local government or person acting on behalf of local government from expending public funds to support or oppose an issue, referendum, or amendment that is subject to a vote of the electors.  Provides certain limited exceptions. Similar to HB 749. Sen. Charlie Justice (D- St. Petersburg) WATCH

1. S. Ethics and Elections Committee: An amendment was adopted. Reported

favorably with amendment. In pertinent part, the amendment stipulates that local government or a person acting in behalf of local government may not expend or authorize expenditure of, nor can accept public funds, for a political advertisement or electioneering communication concerning an issue, referendum, or amendment that is subject to a vote by the electors.  Also provides that the prohibition does apply to an electioneering communication from a local government or person acting in behalf of a local government which is limited to factual information.  Now in S. Community Affairs.

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 the exemption is retroactive. S. Criminal Justice Committee

• S. Governmental Operations Committee: An amendment was adopted. Reported favorably as a committee substitute. In pertinent part, the amendment stipulates 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. Now in S. Governmental Operations.

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. Governmental Operations Committee: Reported favorably. Placed on S. 2^nd Reading Calendar.

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. S. Committee on Military Affairs and Domestic Security

• 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. Infrastructure Committee: Reported favorably. Now in H. Economic

Expansion and Infrastructure Council.

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. Prohibits willfully possessing sensitive personal information of another without that person's consent. Provides criminal penalties. Similar to SB 2184. Rep. John Legg (R-Port Richey)

• H. Homeland Security and Public Security Council: An amendment making

substantive changes is adopted. Reported favorably with the amendment. In pertinent part, the amendment deletes the portion in the bill making it a crime to possess personal identification information. Now in H. Safety and Security Council.

HB 1159  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 SB 116. Rep. Denise Grimsley (R-Sebring)

• H. Military and Veterans Affairs Council: An amendment was adopted. Reported favorably with the amendment. In pertinent part, the amendment 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. Now in H. Government Efficiency and Accountability Council.

HB 1425 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 SB 2546. Rep. Dennis Baxley WATCH

• H. Health Quality Committee: Workshopped. Now in H. Health Quality

Committee.

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.  S. Communications and Public Utilities Committee

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

SB 1492 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.  S. Governmental Operations Committee

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

Government Appropriations.

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. Communications and Public Utilities Committee: Reported favorably. Now in

S. Communications and Public Utilities Committee.

HB 1523 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 SB 2416. Rep. Gayle Harrell (D-Port St. Lucie)

• H. Economic Development Committee: Reported favorably 6/1 (Rep. Reed

voting no). Now in H. Economic Expansion and Infrastructure Committee.

HB 1527 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 SB 2422. Rep. Gayle Harrell (D-Port St. Lucie)

• H. Economic Development Committee: Reported favorably 6/1 (Rep. Reed

voting no). Now in H. Economic Expansion and Infrastructure Council.

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

Efficiency and Accountability Council.

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. Commerce Committee: Reported favorably. Now in S. Governmental

Operations.

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. Commerce Committee: An amendment is adopted. Reported favorably as a committee substitute. In pertinent part, the amendment stipulates that 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 are confidential and exempt. Also provides that portions of meetings of the board during which exempt information is presented or discussed. Allows limited disclosure under certain specified conditions. Now in S. Governmental Operations.

SB 2870 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. Similar to HB 253.  S. Committee on Children, Families, and Elder Affairs

• S. Children, Families, and Elder Affairs Committee: Reported favorably. Now in S. Judiciary Committee.

New Bills Filed

SB 1076 Exemption/State Univ. Research Co.: Creates a public records exemption for records relating to proprietary business information held by State University Research Commercialization Funding Corporation. Proprietary business information includes, for example, certain agreements and proposals to receive funding, grant applications, and materials that relate to the identity of investors or potential investors are confidential and  exempt. Also creates an exemption for portions of meetings of the board during which exempt information is presented or discussed. Sen. Evelyn Lynn (R. Daytona Beach)

• S. Higher Education Appropriations Committee: An amendment is adopted.

Reported favorably with committee substitute. In pertinent part, the amendment stipulates certain information, such as agreements and proposals to receive funding, grant applications, and materials that relate to the identity of investors or potential investors, held by the State University Research Commercialization Funding Corporation is confidential and exempt from public disclosure. Now in S. Higher Education.

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