● Current action

CS Committee Substitute

P Passed both Chambers

W Withdrawn from further consideration

PUBLIC RECORDS

ECONOMIC DEVELOPMENT

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 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.

SB 1206 narrows the exemption in a number of ways. First, it 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 after the request for confidentiality or for 90 days after the signing of an economic incentive agreement or until the information is otherwise disclosed, whichever occurs first.

The bill also narrows 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. SB 1206 stipulates that the following information is subject to public disclosure 90 days after an economic incentive agreement is signed: (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. S. Commerce & Tourism Committee

● Two amendments are adopted by the S. Commerce & Tourism Committee, changing the period of protection from 12 months after the request for confidentially or for 180 days after the signing of an economic incentive agreement or until the information is otherwise disclosed, whichever occurs first. Reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

INSURANCE

HB 645 Exemption/Title Insurance Information: Requires title insurance companies to maintain and submit information, including revenue, loss, and expense data, to the Department of Financial Services so that DFS can better analyze title insurance premium rates, title search costs, and the financial stability and viability of title insurance companies. HB 645 also creates a public record exemption for all financial information submitted to DFS by the title insurance companies, stating that the department may release the total combined responses so long as the identity of the insurance companies is not disclosed. Creates section 626.84195, F.S. Companion to SB 1406. Rep. George Moraitis, Jr. (R-Fort Lauderdale)

● A significant amendment is adopted by H. Insurance & Banking Subcommittee; reported favorably as a committee substitute. CS/HB 645 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. Now in H. Government Operations Subcommittee.

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.SB 830 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.

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

PERSONAL INFORMATION

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

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

PRIVATIZATION

L SB 2036 Privatization of Government Functions: Amends various provisions of law relating to legislative budget requests that must be furnished to the Legislature by each stipulating what information must be included in every budget request by every agency – a justification for the program, expenditure information, the number of positions, etc. SB 2036 specifically states that such disclosure requirements do not apply to the outsourcing or privatization of agency functions, including the operation or maintenance of correctional facilities, if such outsourcing or privatization is expressly directed by the Legislature in the General Appropriations Act. Formerly SPB 7170. Amends ss. 216.023, 287.0571, and 944.105, F.S. S. Rules

● Scheduled for consideration by the S. Rules Committee on Monday, January 23, at 1:00 PM, in room 110, Senate Office Building.

PROPRIETARY INFORMATION

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.SB 844 reenacts the exemption without modification. Reenacts s. 556.113, F.S. Companion to SB 844. H. Government Operations Subcommittee

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

PUBLIC EMPLOYEES AND OFFICERS

LCS/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)

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

PUBLIC HEALTH AND SAFETY

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)

● Two amendments making minor, technical amendments, are adopted by the H. Criminal Justice Subcommittee; reported favorably as a committee substitute. Now in H. Government Operations 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. Agriculture & Natural Resources Subcommittee. Now in H. Government Operations Subcommittee.

OPEN MEETINGS

LEGAL NOTICE

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. Rep. Ritch Workman (R-Melbourne)J

● Two amendments making minor changes to HB 937 are adopted; reported favorably as a committee substitute. Now in H. Economic Affairs Committee.