● Current action

CS Committee Substitute

P Passed both Chambers

W Withdrawn from further consideration

PUBLIC RECORDS

DONORS

SB 374 Exemption/Donors – Historic Capitol Museum: Exempts information that would identify a donor or prospective donor to the Legislative Research Center and Museum at the Historic Capitol if the donor or prospective donor wants to remain anonymous. Amends s. 272.136, F.S. Companion to HB 539. Sen. Nancy Detert (R-Venice)

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

SB 570 Exemption/Donors – Performing Arts Centers: Exempts information that would identify a donor or prospective donor to publicly owned performing arts centers if the donor or prospective donor wants to remain anonymous. Companion to HB 351. Sen. Jeremy Ring (R-Margate)

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

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)

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

INSURANCE

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etc., until the conclusion of the negotiations; (7) reports of fraud until investigation of such fraud is complete or no longer active; (8) payroll information received from the Department of Revenue; and (9) attorney-client work product.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. S. Governmental Oversight & Accountability Committee

PERSONAL INFORMATION

SB 446 OGSR/Insurance Claim Exchange Data: Under this program, insurers voluntarily provide insurance claim data, including their name, address and social security number, to the Department of Revenue. The DOR takes such information and checks it against a database of non-custodial parents who owe past-due child support. Section 409.25661, F.S., makes confidential and exempt the personal information obtained by the Department of Revenue until such time as the department determines whether a match exists. If a match exists, the information becomes available for public disclosure. If a match does not exist, the information is destroyed.   This exemption was originally created in 2004 and was up for sunset review in 2009; however, the program was not fully functioning at that point, and the review date was reset. SB 446 reenacts the exemption with only minor, technical amendments. Reenacts s. 409.25661. Companion to HB 7019. S. Children, Families & Elder Affairs Committee

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

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

→ J HB 7013 OGSR/Census Bureau Address Information: Companion to SB 2078. H. Governmental Operations Subcommittee

● Read a second time by the full House and rolled to third reading.

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. S. Governmental Oversight & Accountability Committee

L 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

● A minor amendment to the constitutionally-required statement of public necessity is adopted; reported favorably as a committee substitute. Now on H. Calendar.

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. Reenacts s. 288.9626, F.S. S. Commerce & Tourism Committee

● Reported favorably by the S. Budget Subcommittee on Transportation, Tourism, & Economic Development Appropriations. Now in S. Budget Committee.

PUBLIC HEALTH AND SAFETY

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 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 SB 1390. Rep. Mia Jones (D-Jacksonville)

● A minor amendment changing the Florida Association of Court Clerks and Comptrollers to clerks and law enforcement is adopted; reported favorably as a committee substitute. Now on H. Calendar.

PUBLIC OFFICERS AND EMPLOYEES

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. Sen. Lizbeth Benacquisto (R-Wellington)

● Reported favorably by S. Higher Education Committee. Now in S. Governmental Oversight & Accountability.

→ HB 1465 Evaluations/University and College Presidents: Companion to SB 878. Rep. Matt Caldwell (R-Fort Myers)

● A strike-all amendment, as amended, is adopted by the H. K-20 Innovation Subcommittee; reported favorably as a committee substitute. As amended, 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. Now in H. Government Operations Subcommittee. NOTE: Because the amendment doesn’t allow access to records currently exempt from disclosure requirements of the public records law, our position on the bill has been changed to NEUTRAL.

HB 1089 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 SB 906. Rep. Janet Adkins (R-Fernandina Beach)

● A minor amendment is adopted by the H. Government Operations Subcommittee. Reported favorably as a committee substitute. Now in H. Business & Consumer Affairs Subcommittee.

RESEARCH

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)

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

→ SB 1650 Exemption/Department of Citrus Research Reports: Companion to HB 1239. Sen. Alan Hays (R-Umatilla)

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

SB 1856 Exemption/Biomedical Research: Creates a public record and meeting exemption for the 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, allowing such panels to review the funding of grant proposals privately. Amends ss. 215.5602 and s. 381.922, F.S. Companion to HB 657. Sen. Luis R. Garcia, Jr. (R-Miami)

● The S. Health Regulation Committee adopted a strike-all amendment and reported the bill favorably as a committee substitute. As amended, CS/SB 1856 creates an exemption for portions 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 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 up the written consent of the individual to whom the information pertains or upon court order. CS/SB 1856 is now in S. Governmental Oversight & Accountability. NOTE: Because the amendment narrows the exemption and corrects various drafting and constitutional issues raised by FAF, our position on this bill has been changed to NEUTRAL.

PUBLIC MEETINGS

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. Creates s. 286.0114, F.S. Companion to HB 355. Sen. Joe Negron (R-Palm City)

● 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 206 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. CS/SB 206 is now on the Senate Calendar.

→ 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. 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. Amends s. 286.011, F.S. Companion to SB 206. Rep. Marty Kiar (R-Parkland)

● Reported favorably by the H. Rulemaking & Regulation Subcommittee: A substantive amendment by Rep. Watson making substantial changes to s. 286.011, F.S., and expanding the right to speak requirements was withdrawn prior to consideration. The vote on CS/HB 355 was 11/3, with Reps. Artiles, Gaetz, and Goodson voting against the bill which is now the H. State Affairs Committee.