● Current action

CS Committee Substitute

P Passed both Chambers

W Withdrawn from further consideration

PUBLIC RECORDS

DONORS

HB 7015 OGSR/Donors – House Museums: Section 267.076, F.S., makes confidential and exempt information that would identify a donor or prospective donor to a publicly owned house museum designated by the United State Department of Interior as a National Historic Landmark if the donor or prospective donor desires to remain anonymous. HB 7015 reenacts the exemption without modification. Reenacts s. 267.076, F.S. Companion to SB 810. H. Governmental Operations Subcommittee

● Passed the House unanimously. Now in S. Messages.

HB 7017 OGSR/Donors – Historic St. Augustine: Section 267.1736(9), F.S., makes confidential and exempt information that would identify a donor or prospective donor to the direct support organization for Historic St. Augustine, housed at the University of Florida, if the donor or prospective donor desires to remain anonymous. HB 7017 reenacts the exemption without modification. Reenacts s. 267.01736(9), F.S. Companion to SB 832. H. Governmental Operations Subcommittee

● Passed the House unanimously. Now in S. Messages.

ECONOMIC DEVELOPMENT

CS/HB 7115 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 business, 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/HB 7115 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 disclosed, 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/HB 7115 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 disclose, 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. Companion to SB 1206. H. Government Operations Subcommittee

● Passed the House unanimously. Now in S. Messages.

INSURANCE

CS/HB 645 Exemption/Title Insurance Information: Creates a public record exemption for proprietary business information provided to the Department of Financial Services. Defines “proprietary business information” as information that (1) is owned or controlled by the title insurance agency; (2) is intended to be and is treated by the agency as private in that disclosure would cause harm to its business operations; and (3) has not been publicly disclosed. This can include business plans; internal auditing controls and reports of internal auditors; reports of external auditors; trade secrets; and financial information, including revenue data, loss expense data, gross receipts, taxes paid, capital investment, customer identification, and employee wages. Creates s. 626.84195, F.S. Companion to SB 1406. Rep. George Moraitis, Jr. (R-Fort Lauderdale)

● Passed the House unanimously. Now in S. Messages.

HB 7105 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. HB 7105 reenacts s. 627.3121, F.S., without modification. Reenacts s. 627.3121, F.S. Companion to SB 2082. H. Government Operations Subcommittee

● Passed the House unanimously. Now in S. Messages.

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

● Passed the House unanimously. Now in S. Messages.

MEDICAL PROFESSIONALS

HB 7035 OGSR/Physician Workforce Surveys: Physician workforce surveys are required for physicians and osteopathic physicians who are renewing their professional licenses. Sections 458.3193 and 459.0083, F.S., make confidential and exempt all personal identifying information contained in those surveys.HB 7035 reenacts the exemptions with only minor technical changes. Reenacts and amends ss. 458.3193 and 459.0083, F.S. Companion to SB 830. H. Government Operations Subcommittee.

● Passed the House unanimously. Now in S. Messages.

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, as amended last week in the S. Governmental Oversight & Accountability Committee, amends the exemption 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. Amends s. 717.117(8), F.S. Companion to HB 7111. S. Banking & Insurance Committee

● Reported favorably as a committee substitute by the S. Governmental Oversight & Accountability Committee. Now on H. Calendar.  

HB 7033 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. Companion to SB 1232. H. Governmental Operations Subcommittee

● Passed the House unanimously. Now in S. Messages.

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. CS/HB 7065 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 associated administrative charges for the use of toll facilities. Amends s. 338.155, F.S. Companion to SB 1284. H. Transportation & Highway Safety Subcommittee

● Passed the House unanimously. Now in S. Messages.

HB 7109 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. HB 7109 reenacts the exemption with only minor, technical amendments. Reenacts s. 364.107, F.S. Companion to SB 2080. H. Government Operations Subcommittee

● Passed the House unanimously. Now in S. Messages.

PROPRIETARY INFORMATION

SB 798 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. SB 798 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 HB 7103. S. Commerce & Tourism Committee

● Reported favorably by the S. Budget Committee. Now on S. Calendar.

→ HB 7103 OGSR/Florida Opportunity Fund: Companion to SB 798. H. Government Operations Subcommittee

● Passed the House unanimously. Now in S. Messages.

HB 7037 OGSR/Sunshine State One-Call: Sunshine State One-Call of Florida, Inc., is as a not-for-profit corporation, and state law requires that anyone who furnishes or transports materials or services by means of an underground facility must be a member of the corporation and must use and participate in the free-access notification system. The purpose of the system is to receive notification of planned excavation or demolition activities and to notify member operators so they may mark underground facilities to avoid damage to those underground facilities. Section 556.113, F.S., makes exempt “proprietary confidential business information” held by Sunshine State One-Call of Florida, Inc., for the purpose of describing the extent and root cause of damage to an underground facility or using the member ticket management software system.HB 7037 reenacts the exemption without modification. Reenacts s. 556.113, F.S. Companion to SB 844. H. Government Operations Subcommittee

● Passed the House unanimously. Now in S. Messages.

PUBLIC HEALTH AND SAFETY

CS/SB 1096 Exemption/Sexual Offenders Notification System: 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. Creates s. 943.44353(3), F.S. Companion to HB 1477. Sen. Alan Hays (R-Umatilla)

● Reported favorably by the S. Governmental Oversight & Accountability Committee. Now in S. Budget.

CS/HB 1193 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 clerks of court and law enforcement 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 SB 1390. Rep. Mia Jones (D-Jacksonville)

● Passed the House unanimously. Now in S. Messages.

PUBLIC OFFICERS AND EMPLOYEES

LSB 916 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. SB 916 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 not only home and personal telephone and pager numbers, but also cellular and pager numbers associated with agency “communications devices issued or assigned to agency personnel.” Amends s. 119.071(4)(d), F.S. Companion to HB 629. Sen. Steve Oelrich (R-Gainesville)

● A strike-all amendment is adopted by the S. Criminal Justice Committee and the bill is reported favorably as a committee substitute. As amended, CS/SB 916 expands the exemptions for home addresses of various government employees found in s. 119.071(4)(d), F.S., 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 not only home telephone numbers, but also personal cellular and pager numbers and telephone numbers associated with personal communications devices. Also changes the phrase “active or former law enforcement personnel” to read “active or former sworn or civilian law enforcement personnel.” Now in S. Governmental Oversight & Accountability Committee.

CS/HB 1089 Exemption/Home Addresses – DBPR & Tax Collectors: 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/HB 1089 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. 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. Amends s. 119.071(4)(d)1.a., and creates s. 119.071(4)(d)1.k, F.S. Companion to SB 906. Rep. Janet Adkins (R-Fernandina Beach)

● Two floor amendments, one technical and one substantive, are adopted by the House and the bill passed as amended. As amended, CS/HB 1089 creates two exemptions, one for the home addresses, telephone numbers, and photographs of current and former investigators and inspectors of the Department of Business and Professional Regulation, and the second for the home addresses and telephone numbers of county tax collectors. The bill also exempts the names, home addresses, telephone numbers, and place of employment of the spouses and children of such persons, 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 ss. 119.071(4)(d)1.k and (4)(d)1.l, F.S. Now in S. Messages.

J CS/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. 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. Companion to SB 1464. Rep. Janet Adkins (R-Fernandina Beach)

● Passed the House unanimously. Now in S. Messages.

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. Education Committee. Now on H. Calendar.

REGULATORY

HB 1239 Exemption/Department of Citrus Research Reports: There is legislation filed (HB 1237) that would require the Department of Citrus to conduct research related to citrus disease and crop efficiency. HB 1239 creates a public record exemption for non-published reports or data related to such research. Amends s. 601.10(8), F.S. Companion to SB 1650. Rep. Ben Albritton (R-Bartow)

● Passed the House unanimously. Now in S. Messages.

PUBLIC MEETINGS

LEGAL NOTICE

J CS/HB 937 Publication/Legal Notice: Most importantly, requires newspapers publishing legal notices to also place such notices on a statewide website that is free and publicly available. Companion to SB 292. Rep. Ritch Workman (R-Melbourne)

● Reported favorably (21/2, with Reps. Dorworth and Schenk voting no) by the H. Appropriations Committee. Now on H. Calendar.

RIGHT TO SPEAK

J CS/HB 355 Public Meetings/Right to Speak: Requires boards and commissions to provide members of the public a reasonable opportunity to speak on items of “significant interest to the public” that are within the subject matter jurisdiction of the board or commission, subject to reasonable rules ensuring orderly conduct. Stipulates that resolutions, rules, or formal action won’t be binding if a commission or board fails to comply with the requirement. CS/HB 355 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. Amends s. 286.011, F.S. Companion to SB 206. Rep. Marty Kiar (R-Parkland)

● A strike-all amendment by Rep. Kiar conforming the bill to its Senate companion is adopted by the H. State Affairs Committee, and the bill is reported favorably as a committee substitute.As amended, the bill 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/CS/HB 355 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. CS/CS/HB 355 is now on the H. Calendar.

USE OF COMMUNICATIONS TECHNOLOGY

HB 231 Meetings and Workshops/Interlocal Agreements: The Florida Interlocal Cooperation Act of 1969 allows public agencies to enter into contracts – interlocal agreements – allowing the agencies act jointly to provide shared services. The interlocal agreements are generally administered by boards or commissions which are subject to Florida’s open government laws. HB 231 allows an interlocal board or commission to conduct public meetings and workshops by means of “communications media technology” if the board or commission has member public agencies in at least 10 counties. “Communications media technology” is defined as conference telephone, video conference or other communications technology by which everyone attending the meeting or workshop can audibly communicate. Notice for such meetings or workshops must state that communications media technology will be used and specify how those who want to attend can do so. Amends s. 163.01, F.S. Companion to SB 396. Rep. Mike Horner (R-Kissimmee)

● Passed the House unanimously. Now in S. Messages.