● Current action

CS Committee Substitute

P Passed both Chambers

W Withdrawn from further consideration

PUBLIC RECORDS

CRIMINAL RECORDS AND INFORMATION

SB 1564 Exemption/Expunged Records – Civil Rights Violations: There is legislation filed (SB 1546) that would allow a person convicted of violating laws or ordinances intended to maintain racial segregation or discrimination to apply for expunction of the criminal record. SB 1564 creates a public record exemption for records of expunged civil rights conviction retained by the Florida Department of Law Enforcement. Creates s. 943.05856(5), F.S. Sen. Arthenia Joyner (D-Tampa)

L HB 1341 Expunging Criminal History Records – Traffic Violations: Allows anyone who has been found guilty of various traffic violations – submitting a false affidavit; failing to stop at the scene of a crash; providing false information; engaging in drag racing; reckless driving, including reckless driving that results in serious bodily harm; driving in excess of 50 miles over the speed limits; driving under the influence, including a DUI that results in serious bodily harm, etc. – and other violations of law relating to motor vehicle dealers, to apply to have such records sealed or expunged. Companion to SB 1624. Rep. Charles Chestnut (D-Gainesville)

→SB 1624 Expunging Criminal History Records – Traffic Violations: Companion to HB 1341. Sen. Maria Lorts Sachs (D-Delray)

DONORS

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)

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

SB 810 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. SB 810 reenacts the exemption without modification. Reenacts s. 267.076, F.S. Companion to HB 7015. S. Environmental Preservation & Conservation Committee

● Reported favorably by the S. Environmental Preservation & Conservation Committee; now in S. Governmental Oversight & Accountability.

SB 832 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. SB 832 reenacts the exemption without modification. Reenacts s. 267.01736(9), F.S. Companion to HB 7017. S. Higher Education Committee

● Reported favorably by the S. Higher Education Committee; now in S. Governmental Oversight & Accountability.

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)

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 715 reenacts the exemption without modification. Reenacts s. 267.076, F.S. Companion to SB 810. H. Governmental Operations Subcommittee

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

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

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

INSURANCE

HB 1265 Exemption/Mandatory Emergency Payments: Current law – s. 324.242(1), F.S. – provides a public record exemption for personal identifying information and insurance policy numbers contained in personal injury protection and property damage liability insurance policies held by the Department of Highway Safety and Motor Vehicles. HB 1265 amends the exemption to exempt such information in mandatory emergency payments insurance policies. This reflects a change proposed in legislation (HB 1007) that repeals the Florida Motor Vehicle No-Fault Law and creates the Florida Mandatory Emergency Payments Coverage Law. Amends s. 324.242(1), F.S. Rep. Mike Horner (R-Kissimmee)

MEDICAL PROFESSIONALS

SB 584 Exemption/Dental Workforce Surveys: Creates a public record exemption for all personal identifying information provided by dentists and dental hygienists in dental workforce surveys. Companion to HB 811. Sen. Garrett Richter (R-Naples)

● Reported favorably by the S. Health Regulation Committee; now in S. Governmental Oversight & Accountability.

HB 811 Exemption/Dental Workforce Surveys: Creates a public record exemption for all personal identifying information provided by dentists and dental hygienists in dental workforce surveys. Companion to SB 584. Rep. Gayle Harrell (R-Port St. Lucie)

● Reported favorably by the H. Government Operations Subcommittee; now in the Health & Human Services Subcommittee.

SB 830 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. SB 830 reenacts the exemptions with only minor technical changes. Reenacts and amends ss. 458.3193 and 459.0083, F.S. Companion to HB 7035. S. Health Regulation Committee

● Reported favorably by the S. Health Regulation Committee; now in S. Governmental Oversight & Accountability.

→HB 7035 OGSR/Physician Workforce Surveys: Companion to SB 830. H. Government Operations Subcommittee.

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

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

→HB 7019 OGSR/Insurance Claim Exchange Data: Companion to SB 446. H. Government Operations Subcommittee

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

J HB 7013 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. HB 7013 repeals the exemption. Repeals s. 119.071(1)(g), F.S. H. Governmental Operations Subcommittee

● Reported favorably by the H. State Affairs 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

PUBLIC EMPLOYEES AND OFFICERS

L 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. 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 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 SB 916. Rep. Ed Hooper (R-Clearwater)

● A strike-all amendment making minor, technical changes to HB 629 is adopted by the H. Government Operations Subcommittee. Now in H. State Affairs.

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)

J HB 1465 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 SB 878. Rep. Matt Caldwell (R-Fort Myers)

PUBLIC HEALTH AND SAFETY

HB 1477 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 SB 1096. Rep. Carlos Trujillo (R-Miami)

PUBLIC POLICY

J HB 1367 Strategic Lawsuits Against Public Participation (SLAPP): A strategic lawsuit against public participation (SLAPP) is a lawsuit filed for the purpose of censoring or intimidating citizens and business owners who are critical of an individual or an industry by forcing the critics to defend themselves or abandon their criticism or opposition. Government agencies and homeowners associations are prohibited from filing SLAPP suits, but private individuals and industries are not, and there has been an increase in the number of SLAPP suits filed. HB 1367 prohibits the filing of a SLAPP suit by any person, business, individual or governmental government agency against person or entity solely because that person or entity has exercised their first amendment rights. Amends s. 768.295, F.S. Rep. Mark Pafford (D-West Palm Beach)

PROPRIETARY INFORMATION

SB 714 Exemption/State Gaming Commission: Creates a number of public record exemptions for information held by the State Gaming Commission, including: (1) trade secrets; (2) proprietary confidential business information; (3) federal employer identification numbers, unemployment compensation account numbers, and Florida sales tax registration numbers; and (4) information that would reveal investigation techniques and procedures. HB 491 defines “proprietary confidential business information” as information that is owned or controlled by a gaming licensee that has been kept private by the licensee and concerns the licensee’s business plans, internal auditing controls, and external audit reports. Creates s. 551.303, F.S. Companion to SB 714. Rep. Erik Fresen (R-Miami)

● A strike-all amendment changing reference in the bill from the State Gaming Commission to the Department of Gaming Control is adopted; reported favorably (7/2) as a committee substitute. Now in S. Governmental Oversight & Accountability.

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. Commerce & Tourism Committee; now in S. Governmental Oversight & Accountability.

SB 844 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. SB 844 reenacts the exemption without modification. Reenacts s. 556.113, F.S. S. Communications, Energy & Public Utilities Committee

● Reported favorably by the S. Communications, Energy & Public Utilities Committee; now in S. Governmental Oversight & Accountability.

→HB 7037 OGSR/Sunshine State One-Call: Companion to SB 844. H. Government Operations Subcommittee

REGULATORY

L HB 1279 Exemption/Payment Instrument Transactions Database: There is legislation filed (HB 1277) that would require licensed check cashing services to provide the Office of Financial Regulation certain information relating to any check cashed for more than $1,000. Such information includes the transaction date, payor name, payee name, amount of the payment, amount of the currency provided, the type of check cashed and where it was cashed. HB 1279 creates a public record exemption for the information provided to OFR by the licensed check cashing services. Creates s. 560.312, F.S. Companion to SB 1584. Rep. Daniel Davis (R-Jacksonville)

→SB 1584 Exemption/Payment Instrument Transactions Database: Companion to HB 1279. Sen. John Thrasher (R-Jacksonville)

RESEARCH

L HB 657 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. Rep. Marti Coley (R-Marianna)

● The H. Health & Human Services Access Subcommittee adopted a strike all amendment which makes some major, mostly technical changes to HB 657. As amended, the bill 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. Reported favorably as a committee substitute. Now in the H. Government Operations Subcommittee.

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

??? 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)

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

PUBLIC MEETINGS

LEGAL NOTICE

L SB 292 Public Notices: Allows cities and counties to publish legal advertisements and public notices on the home page of their official websites if a local public library or other government facility provides free Internet access during regular business hours and the city or county allows residents to receive all such advertisements or notices by mail or email. Creates s. 50.0311, F.S., and amends various other statutes. Sen. Mike Bennett (R-Bradenton)

● J A strike-all amendment by the S. Community Affairs Committee is adopted; reported favorably as a committee substitute. 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. Now in S. Judiciary.

RIGHT TO SPEAK

J SB 206 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 HB 355. Sen. Joe Negron (R-Palm City)

● A strike-all amendment making significant changes to SB 206 is adopted by the S. Rules Subcommittee on Ethics & Elections. As amended, the bill amends s. 286.011, F.S., to require that members of the public be given “an opportunity to be heard on a proposition before” board and commissions subject to Florida’s Sunshine Law, and stipulates that resolutions, rules, or formal action won’t be binding if a commission or board fails to comply with the requirement. The amended bill 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. Reported favorably as a committee substitute. Now in S. Rules.

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)

→SB 396 Meetings and Workshops/Interlocal Agreements: Companion to HB 231. Sen. Steve Oelrich (R-Gainesville)

● One amendment adopted by the S. Communications, Energy, and Public Utilities Committee; reported favorably as a committee substitute. As amended, CS/SB 396 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 5 counties, of which at least three are not contiguous. The bill as originally drafted allowed such meetings if there were member agencies in at least 10 counties. Now on S. Calendar.

Week Two

January 16 – January 20

In observance of Martin Luther King, Jr. Day, the Legislature will not hold any committee meetings on Monday, January 16.

The Florida Senate is in session on Tuesday and Wednesday, January 17 – 18, and will hold a full day of committee meetings on Thursday, January 19. We may not find out what bills will be heard until early in the week.

The House of Representatives will be holding committee hearings Tuesday, January 17 through Thursday, January 19, but generally gives short notice of the bills scheduled for consideration. As of our publication of this report, nothing has been reported for the House committees meeting next Tuesday.

If you have any questions about a particular bill, please feel free to call Barbara Petersen at 800-337-3518.