2012 Legislative Report for Period Ending February 17

● Current action

CS Committee Substitute

P Passed both Chambers

W Withdrawn from further consideration

PUBLIC RECORDS

DONORS

SB 1862 Exemption/Donors – Division of Insurance Fraud: There is legislation filed (SB 1860) that allows the Department of Financial Services, Division of Insurance Fraud, to create a direct-support organization, Automobile Insurance Fraud Strike Force, for the sole purpose of prosecuting, investigating, and preventing motor vehicle insurance fraud. SB 1862 creates a public record exemption for the identity of a donor or prospective donor to the organization if the donor or prospective donor desires anonymity. Creates s. 626.9895(6), F.S. Sen. Joe Negron (R-Palm City)

● A minor technical amendment is adopted by the S. Governmental Oversight & Accountability Committee and the bill is reported favorably as a committee substitute. Now on the S. Calendar.

ECONOMIC DEVELOPMENT

CS/SB 1206 OGSR/Economic Development Records: Section 288.075, F.S., includes public record exemptions for economic development program records and economic incentive program records. This is a complicated exemption and we’ve broken it down to make it easier to understand the two separate economic development programs protected under the exemption:

1. Economic Development Program Records: Economic development programs are offered by state and local economic development agencies to private companies interested in moving to Florida or expanding current business operations in the state. The exemption for economic development program records is broad and protects a wide variety of information obtained by an economic development agency from private companies or corporations interested in locating, relocating, or expanding their business operations in Florida. However, the exemption applies only if the company or corporation provides a written request for confidentiality. Here are the exemptions in s. 288.075(2), F.S., which apply to economic development program records:

a) A private corporation’s plan to locate, relocate, or expand business operations is exempt for up to 24 months after an economic development agency receives a request for confidentiality.

b) Trade secrets held by an economic development agency are confidential and exempt and are not subject to public disclosure.

c) Proprietary confidential business information held by an economic development agency, including business plans, internal auditing controls and reports, reports of external auditors for privately-held companies, etc., is confidential and exempt and is not subject to public disclosure except under court order.

d) Identification, account and registration numbers, such as a federal employer identification number, an unemployment compensation number, or a Florida sales tax registration number, held by an economic development agency are confidential and exempt and are not subject to public disclosure.

Economic development program records are exempt for 12 months after the request for confidentiality is received or until the information is otherwise disclosed, and the period of confidentiality can be extended for an additional 12 months upon request.

2. Economic Incentive Program Records: A tax incentive program allows tax refunds or credits to qualified businesses in return for their pledge to create a certain number of jobs in Florida. The economic incentive program records exemption, s. 288.075(6), F.S., is also very broad, and protects the following information for the duration of the incentive agreement or until an incentive agreement is terminated:

a) Anticipated wages for the project jobs that the business plans to create;

b) The average wage actually paid by the business for those jobs created by the project which is held as evidence that the company complied with the program requirements; and

c) The amount of various taxes paid by the qualified business.

The exemption allows an economic development agency to release the names of qualified businesses, the total number of jobs each business expects to create; the total number of jobs actually created; and the amount of tax refunds, tax credits, or incentives awarded to and claimed by each business.

CS/SB 1206 amends s. 288.075(2)(a) to stipulate that the private company or corporation must provide a written request for confidentiality before an economic incentive agreement is signed and then states that the information will remain exempt for 12 months; the period of confidentiality can be extended for an additional 12 months at the request of the person or corporation who originally requested confidentiality. However, if a final project order for a signed economic development agreement is issued, then the information is exempt for 180 days after the final project order is issued, until a date specified in the final project order, or until the information is otherwise disclose, whichever occurs first.

The bill also amends s. 288.075(6) by deleting the exemption for the (1) the anticipated wages for the project jobs the business plans to create, and (2) the average wage actually paid by the business for those jobs created by the project. CS/SB 1206 stipulates that the following information is subject to public disclosure 180 days after a final project order for an economic incentive agreement is issued, until a date specified in the final project order, or until the information is otherwise disclosed, whichever occurs first: (1) the name of the qualified business; (2) the total number of jobs the business committee to create or retain; (3) the total number of jobs actually created or retained by the business; (4) the amount of tax refunds, tax credits, or incentives awarded to and claimed by the business; and (5) the anticipated total annual wages of employees the business committed to hire or retain. Amends s. 288.075, F.S. Amends s. 288.075, F.S. Companion to HB 7115. S. Commerce & Tourism Committee

● An amendment by Sen. Montford clarifying that the phrase “until a date specified in the final project order” is adopted by the S. Governmental Oversight & Accountability Committee and the bill is reported favorably as a committee substitute. Now in S. Budget Committee.

→ HB 7115 OGSR/Economic Development Records:Companion to SB 1206. H. Government Operations Subcommittee

● An amendment clarifying that the phrase “until a date specified in the final project order” is adopted by the H. State Affairs Committee and the bill is reported favorably as a committee substitute. Now on the H. Calendar.

INSURANCE

SB 1230 OGSR/Consumer Complaints -- Florida Insurance Code: Section 624.23, F.S., makes confidential and exempt personal financial and health information held by the Department of Financial Services relating to a consumer complaint or inquiry filed under the Florida Insurance Code or Workers’ Compensation Employee Assistance and Ombudsman Office. This statute makes confidential and exempt personal financial and health information held by the Department of Financial Services relating to a consumer complaint or inquiry filed under the Florida Insurance Code. SB 1230 reenacts the exemption without change or modification. Reenacts s. 624.23, F.S. S. Banking & Insurance Committee

● Two amendments, both technical, are adopted by S. Governmental Oversight & Accountability Committee and the bill is reported favorably as a committee substitute. Now on the S. Calendar.

SB 2082 OGSR/Workers’ Compensation Joint Underwriting Association: Section 627.3121, F.S., exempts various records held by the Florida Workers’ Compensation Joint Underwriting Association, including (1) underwriting files; (2) claims files under termination of all litigation and settlement of all claims arising out of the same incident; (3) audit reports until the audit is completed; (4) proprietary information; (5) medical information relating to the medical condition of an individual; (6) information relating to negotiations for financing, etc., until the conclusion of the negotiations; (7) reports of fraud until investigation of such fraud is complete or no longer active; (8) payroll information received from the Department of Revenue; and (9) attorney-client work product. Also exempt are portions of meetings at which exempt records or information is discussed as well as transcripts and minutes of the closed meetings. SB 2082 reenacts s. 627.3121, F.S., without modification. Reenacts s. 627.3121, F.S. Companion to HB 7105. S. Governmental Oversight & Accountability Committee

● Reported favorably by the S. Banking & Insurance Committee. Now on the S. Calendar.

→ HB 7105 OGSR/Workers’ Compensation Joint Underwriting Association: Companion to SB 2082. H. Government Operations Subcommittee

● Reported favorably by the H. State Affairs Committee. Now on the H. Calendar.

HB 7107 OGSR/Consumer Complaints -- Florida Insurance Code: Section 624.23, F.S., makes confidential and exempt personal financial and health information held by the Department of Financial Services relating to a consumer complaint or inquiry filed under the Florida Insurance Code or Workers’ Compensation Employee Assistance and Ombudsman Office. This statute makes confidential and exempt personal financial and health information held by the Department of Financial Services relating to a consumer complaint or inquiry filed under the Florida Insurance Code. HB 7107 reenacts the exemption minor technical changes. Reenacts s. 624.23, F.S. Companion to SB 1230. H. Government Operations Subcommittee

● Reported favorably by the H. State Affairs Committee. Now on the H. Calendar.

PERSONAL INFORMATION

SB 1208 OGSR/Unclaimed Property Reports: Section 717.117(8) exempts social security numbers and property identifiers contained in unclaimed property reports held by the Department of Financial Services. Attorneys and certified public accounts registered with the department as well as licensed private investigators can get access to the exempt social security numbers for the sole purpose of locating owners of abandoned or unclaimed property. SB 1208 amends the exemption by deleting the language allowing access by attorneys, public accountants, and private investigators which means that social security numbers and property identifiers contained in unclaimed property reports are exempt from public disclosure and cannot be released. Amends s. 717.117(8), F.S. S. Banking & Insurance Committee

● An amendment by Sen. Latvala is approved by S. Governmental Oversight & Accountability Committee but after considerable debate concerning access to social security numbers, the bill was temporarily postponed. As amended, SB 1208 amends s. 717.117(8) to allow access to the first five digits of social security numbers to attorneys, certified public accounts, and licensed private investigators registered with the Department of Financial Services for the limited purpose of locating owners of abandoned or unclaimed property. The bill, as amended, remains in the S. Governmental Oversight & Accountability Committee.

SB 1232 OGSR/DHSMV – Personal Identifying Information: Section 324.242, F.S., protects personal identifying information, and the policy numbers, of anyone insured or formerly insured under personal injury protection and property damage liability insurance policies held by the Florida Department of Highway Safety and Motor Vehicles. SB 1232 reenacts the exemption with only minor, technical changes. Reenacts s. 324.242, F.S. S. Banking & Insurance Committee

● Reported favorably by the S. Governmental Oversight & Accountability Committee. Now on the S. Calendar.

J SB 2078 OGSR/Census Bureau Address Information: Section 119.071(1)(g), F.S., exempts United States Census Bureau address information, including maps showing structure location points, agency records verifying addresses, and agency records identifying address errors or omissions, held by an agency pursuant to the Local Update of Census Addresses Program under Federal law. SB 2078 repeals the exemption. Repeals s. 119.071(1)(g), F.S. Companion to HB 7013. S. Governmental Oversight & Accountability

● Reported favorably by the S. Governmental Oversight & Accountability Committee. Now on the S. Calendar.

SB 2080 OGSR/Lifeline Assistance Plan: Section 364.107, F.S., exempts personal identifying information of participants in a telecommunications carrier’s Lifeline Assistance Plan held by the Public Service Commission. SB 2080 reenacts the exemption with only minor, technical amendments. Reenacts s. 364.107, F.S. Companion to HB 7109. S. Governmental Oversight & Accountability Committee

● Reported favorably by the S. Communications, Energy, and Public Utilities Committee. Now on the S. Calendar.

→ HB 7109 OGSR/Lifeline Assistance Plan: Companion to SB 2080. H. Government Operations Subcommittee

● Reported favorably by the H. State Affairs Committee. Now on the H. Calendar.

CS/HB 7065 Exemption/Personal Information – Toll Facilities: Section 338.155(6), F.S., provides an exemption for personal identifying information of those using credit cards or checks for the prepayment of electronic tolls. This bill expands the exemption to protect the name, address, credit card or debit number, bank and account information, or other personal financial information acquired by the Department of Transportation, a county, or an expressway authority for the purpose of paying, prepaying, or collecting tolls and other amounts due for the use of toll facilities. Amends s. 338.155, F.S. Companion to SB 1284. H. Transportation & Highway Safety Subcommittee

● An amendment by Rep. Drake is adopted by the H. Economic Affairs Committee and the bill is reported favorably as a committee substitute. As amended, CS/HB 7065 expands the exemption in s. 338.155(6), F.S., to protect the name, address, credit card or debit number, bank and account information, or other personal financial information acquired by the Department of Transportation, a county, or an expressway authority for the purpose of paying, prepaying, or collecting tolls and associated administrative charges for the use of toll facilities. Now on the H. Calendar. NOTE: Because the amendment clarifies and narrows the proposed exemption, our position on the bill has been changed to NEUTRAL.

PROPRIETARY INFORMATION

HB 7103 OGSR/Florida Opportunity Fund: This exemption protects: (1) proprietary confidential business information (defined in the exemption) concerning alternative investments (also defined), for 10 years after the termination of the investment; (2) the identity of investors or potential investors in projects reviewed by the fund who wish to remain anonymous; and (3) materials that relate to methods of manufacture or production, potential trade secrets, or patentable material that is received or discovered during research by universities which is held by the Florida Opportunity Fund or the Institute for the Commercialization of Public Research. There is also an exemption for portions of meetings of the boards of the Fund or Institute during which exempt information is presented or discussed. However, the closed portions of such meetings must be recorded and transcribed, and the transcribed minutes are subject to disclosure under some specified conditions. HB 7103 reenacts the exemption with some changes, most notably shortening the period of protection from 10 years to 7. The bill also creates near identical exemptions for the Institute for Commercialization of Public Research. Reenacts s. 288.9626, F.S., and creates s. 288.9627. Companion to SB 798. H. Government Operations Subcommittee

● Reported favorably by the H. State Affairs Committee. Now on the H. Calendar.

PUBLIC HEALTH AND SAFETY

SB 1096 Exemption/Sexual Offenders Notification System: Creates a public record exemption for email and physical addresses provided to FDLE when a person registers for the automatic sexual offender notification system. Creates s. 943.44353(3), F.S. Companion to HB 1477. Sen. Alan Hays (R-Umatilla)

● An amendment is adopted by the S. Criminal Justice Committee and the bill is reported favorably as a committee substitute. As amended, CS/SB 1096 creates a public record exemption for any information regarding an electronic mail address or physical address provided to FDLE when a person registers for the automatic sexual offender notification system. Now in S. Government Oversight & Accountability.

CS/SB 1390 Exemption/Victims of Violence: Creates a public record exemption for the home and employment telephone numbers, cell phone numbers, home or employment addresses, e-mail addresses of victims of specified violent crimes (domestic violence, repeat violence, sexual violence, and dating violence) provided to the Florida Association of Court Clerks and Comptrollers in order for the victims to receive automatic notification when a restraining order requested by the victim has been served. Requires the victims to request protection of their personal information in writing and stipulates that the information will be subject to public disclosure five years after the written request is received. Amends s. 784.046, F.S. Companion to HB 1193. Sen. Arthenia Joyner (D-Tampa)

● A minor amendment by Sen. Siplin is adopted by the S. Governmental Oversight & Accountability Committee and the bill is reported favorably as a committee substitute. As amended, CS/CS/SB 1390 creates a public record exemption for the home and employment telephone numbers, cell phone numbers, home or employment addresses, e-mail addresses of victims of specified violent crimes (domestic violence, repeat violence, sexual violence, and dating violence) held by clerks of court and law enforcement agencies in order for the victims to receive automatic notification when a restraining order requested by the victim has been served. Requires the victims to request protection of their personal information in writing and stipulates that the information will be subject to public disclosure five years after the written request is received. Now in S. Rules.

PUBLIC OFFICERS AND EMPLOYEES

L CS/HB 629 Exemption/Telephone Numbers and Dates of Birth: Section 119.071(4)(d), F.S., exempts the home addresses of various government employees – law enforcement personnel, firefighters, judges, public defenders, prosecutors, code enforcement officers, and others – as well as employment and school information for the spouses and children of such employees. CS/HB 629 expands the exemption to also exempt telephone numbers and the dates of birth for the employees and families included within the exemption. “Telephone numbers” is defined to include home and personal telephone and pager numbers. Amends s. 119.071(4)(d), F.S. Companion to SB 916. Rep. Ed Hooper (R-Clearwater)

● Passed the House by a vote of 114/2 (Reps. Gaetz and Waldman voting no). Now in S. Messages.

SB 906 Exemption/Home Addresses – DBPR: Creates a public record exemption for the home addresses, telephone numbers, and photographs of current and former investigators and inspectors of the Department of Business and Professional Regulation. Also exempts the names, home addresses, telephone numbers, and place of employment of the spouses and children of such investigators and inspectors, as well as the names and locations of schools and day care facilities attended by their children. Stipulates that the exemption will apply only if the investigators and inspectors have shown that they’ve made a reasonable effort to protect such information through other, publicly-available sources. Creates s. 119.071(4)(d)1.k, F.S. Companion to HB 1089. Sen. Alan Hays (R-Umatilla)

● Two amendments, one technical and one substantive, are adopted by the S. Governmental Oversight & Accountability Committee and the bill is reported favorably as a committee substitute. As amended, CS/SB 906 expands the public record exemption in s. 119.071(4)(d)1.a., F.S., for the home addresses, etc., of personnel of the Department of Revenue or local governments whose responsibilities include revenue collection, to also protect the home addresses of county tax collectors. CS/SB 906 also creates a public record exemption for the home addresses, telephone numbers, and photographs of current and former investigators and inspectors of the Department of Business and Professional Regulation and county. Also exempts the names, home addresses, telephone numbers, and place of employment of the spouses and children of such investigators and inspectors, as well as the names and locations of schools and day care facilities attended by their children. Stipulates that the exemption will apply only if the investigators and inspectors have shown that they’ve made a reasonable effort to protect such information through other, publicly-available sources. Now on the S. Calendar.

→ HB 1089 Exemption/Home Addresses – DBPR: Companion to SB 906. Rep. Janet Adkins (R-Fernandina Beach)

● An amendment conforming HB 1089 to its Senate companion, as amended (see above), is adopted by the H. State Affairs Committee and the bill is reported favorably as a committee substitute. Now on the H. Calendar.

J HB 1305 Application of Open Government Laws to Officers-Elect: Amends the public records law to specify that those elected to public office are subject to the requirements of the law upon their election, requiring that they (1) “adopt and implement reasonable measures to ensure compliance” with chapter 119, F.S., and (2) comply with the record retention requirements of the office to which they were elected. Also amends the open meetings law to stipulate that officers-elect are subject to open meetings requirements. Creates s. 119.035, F.S., and amends s. 286.011(1), F.S. Companion to SB 1464. Rep. Janet Adkins (R-Fernandina Beach)

● A strike-all amendment is adopted by the H. Government Operations Appropriations Subcommittee; HB 1305 is reported favorably as a committee substitute. CS/HB 1305 amends the public records law to specify that those elected to public office are subject to the requirements of the law upon their election, requiring that they (1) “adopt and implement reasonable measures to ensure compliance” with chapter 119, F.S., and (2) comply with the record retention requirements of the office to which they were elected. For the purposes of the new section, the term “officer-elect” is defined as the Governor, the Attorney General, the Chief Financial Officer and the Commissioner of Agriculture. Also amends the open meetings law to stipulate that officers-elect are subject to open meetings requirements. Creates s. 119.035, F.S., and amends s. 286.011(1), F.S. Now in H. State Administration Committee.

● Reported favorably by the H. State Affairs Committee. Now on the H. Calendar.

J SB 878 Evaluations/University and College Presidents: Stipulates that performance evaluations of university and college presidents are not exempt from the public records law and are therefore subject to public disclosure under s. 119.07, F.S. Amends s. 1012.81, F.S. Companion to HB 1465. Sen. Lizbeth Benacquisto (R-Wellington)

● Reported favorably by the S. Governmental Oversight & Accountability Committee. Now on the S. Calendar.

→ HB 1465 Evaluations/University and College Presidents:CS/HB 1465 amends s. 1012.81, F.S., which allows the State Board of Education to adopt rules prescribing the content and custody of limited-access records for employees of state colleges and provides an exemption for evaluations of employee performance. CS/HB 1465 defines “limited-access records” as records containing information reflecting academic evaluations of employee performance. Also exempt are records relating to: (1) investigations of employee misconduct (2) disciplinary proceedings brought against an employee; and (3) grievances brought by an employee for enforcement of a collective bargaining agreement or contract. These records are subject to disclosure once the investigation is complete, or a decision is made regarding disciplinary action or grievance. As amended, s. 1012.81 now mirrors a provision relating to university limited-access records. Companion to SB 878. Rep. Matt Caldwell (R-Fort Myers)

● Reported favorably by the H. State Affairs Committee. Now on the H. Calendar.

RESEARCH

CS/HB 657 Exemption/Biomedical Research: Creates an exemption for the meetings of peer review panels of the James and Esther King Biomedical Research Program and the William G. “Bill” Bankhead, Jr., and David Coley Cancer Research Program. It also creates public record exemptions for (1) all records generated during the closed peer review meetings and (2) research applications held by peer review panels. Amends ss. 215.5602 and s. 381.922, F.S. Rep. Marti Coley (R-Marianna)

● A strike-all amendment by Rep. Coley is adopted by the H. Health & Human Services Committee, and the bill is reported favorably as a committee substitute. As amended, CS/HB 657creates an exemption for portions of peer review panel meetings of the James and Esther King Biomedical Research Program and the William G. “Bill” Bankhead, Jr., and David Coley Cancer Research Program during which applications for biomedical research grants are discussed. CS/SB 1856 also creates public record exemptions for (1) records generated during the closed portions of the peer review meetings and (2) research grant applications provided to such panels, stipulating that the exempt information can be disclosed upon the written consent of the individual to whom the information pertains or upon court order. Now on the H. Calendar. NOTE: Because the amendment narrows the proposed exemption, our position on the bill has been changed to NEUTRAL.

→ CS/SB 1856 Exemption/Biomedical Research: Companion to HB 657. Sen. Luis R. Garcia, Jr. (R-Miami)

● Passed the Senate unanimously. Now in H. Messages.

PUBLIC MEETINGS

PUBLIC NOTICE

JSB 292 Public Notices As amended, CS/SB 292 makes many changes to statutory notice provisions but, most importantly, requires newspapers publishing legal notices to also place such notices on a statewide website that is free and publicly available. Amends various other statutes. Companion to H 937. Sen. Mike Bennett (R-Bradenton)

● A strike-all amendment by Sen. Richter conforming SB 292 to its House companion is adopted by the S. Judiciary Committee and the bill is reported favorably as a committee substitute. Now in S. Budget.

RIGHT TO SPEAK

J CS/SB 206 Public Meetings/Right to Speak: Creates s. 286.0114, F., which requires those boards and commissions subject to the Sunshine Law to provide the public with a reasonable opportunity to be heard on propositions before a board or commission. CS/SB 206 also includes some limitations on the right to speak, stating that the right doesn’t apply to: official acts that are taken in emergency situations and compliance would cause an unreasonable delay in the ability to act; an official act involving nothing more than a ministerial act; or meetings at which the board or commission is acting in a quasi-judicial capacity with respect to the rights or interests of a person. The bill allows boards and commission to adopt reasonable rules or policies that: limit the time an individual has to address the board or commission; require that representatives of a large group wishing to be heard address the board or commission; and prescribe procedures or forms for individuals to use in order to inform the board or commission that the individual desires to speak. If a board or commission is found to have violated the public’s reasonable opportunity to be heard requirement, the court must award reasonable attorneys fees against the agency. But if the court determines the board or commission didn’t violate the requirement, the court may assess reasonable attorney fees against the individual who filed the suit if the action was filed in bad faith or frivolous, and if the court determines that the right to speak requirement was violated, any action taken at the meeting will not be void. Creates s. 286.0114, F.S. Companion to HB 355. Sen. Joe Negron (R-Palm City)

● Two amendments are adopted by the full Senate and CS/SB 206 is engrossed. As amended, CS/SB 206 includes meetings that are exempt from the requirements of s. 286.011, F.S., are also exempt from the right to speak requirement and allows a board or commission to adopt rules or policies that designate a specified period of time for public comment. CS/SB 206, as amended, passed unanimously and is now in H. Messages.