● Current action

CS Committee Substitute

P Passed both Chambers

W Withdrawn from further consideration

PUBLIC RECORDS

DONORS

HB 539 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 SB 374. Rep. Jim Frishe (R-Belleair Bluffs)

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

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 section 626.84195, F.S. Companion to SB 1406. Rep. George Moraitis, Jr. (R-Fort Lauderdale)

● The H. Government Operations Subcommittee adopted an amendment making changes to the constitutionally-required statement of public necessity and reported the bill favorably as a committee substitute. Now in H. Economic Affairs.

→ SB 1406 Exemption/Title Insurance Information: Companion to HB 645. Sen. Thad Altman (R-Melbourne)

● The S. Banking & Insurance Committee adopted a strike-all amendment making the substance of SB 1406 virtually identical to its House companion, CS/HB 645 (see above), and reported the bill favorably as a committee substitute. Now in S. Governmental Oversight & Accountability.

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

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

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. Governmental Oversight & Accountability Committee. Now on S. 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

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

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. Banking & Insurance Committee. Now in S. Governmental Oversight & Accountability.

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

● Reported favorably and submitted as a committee bill (formerly PCB THSS 12-02) by H. Transportation Highway Safety Subcommittee. Now in H. State Affairs Committee.

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

● The S. Rules Committee adopted three amendments, one of them substantive, and reported SB 2036 favorably as a committee substitute. As amended, CS/SB 2036 amends:

(1) s. 216.023(4)., F.S., relating to legislative budget requests for agency programs, to stipulate that the requirement that agencies provide supporting information, including cost-benefit and business case analyses to the Legislature for each program budget request, does not apply to the outsourcing or privatization of agency functions expressly required by the General Appropriations Act until after the contract for outsourcing or privatization has been executed.

(2) s. 287.0571(4), F.S., which currently requires agencies to complete a business case for any outsourcing project that costs more than $10m within a single fiscal year, to require that an agency business case “be prepared and made publicly available on the agency’s website before the issuance of the solicitation.”

(3) s. 944.105, F.S., removing current requirements for the privatization of correctional facilities if outsourcing or privatization of the operation and maintenance of corrections facilities is expressly directed by the General Appropriations Act.

● CS/SB 2036 was added to the S. Budget Committee agenda for Jan. 25 late in the afternoon the previous day, which required the Senate to waive its rules regarding committee assignments. The bill, however, was not considered by the committee. The next meeting of the S. Budget Committee is scheduled for Wednesday, February 1, at 9:00 AM in room 412 of the Knott Building. We don’t know at this point whether the bill will be considered at that meeting.

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

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)

● Reported favorably by the H. Government Operations Subcommittee. Now in H. Judiciary.

→ SB 1390 Exemption/Victims of Violence: Companion to HB 1193. Sen. Arthenia Joyner (D-Tampa)

● The S. Judiciary Committee adopted a strike-all amendment conforming SB 1390 to its House companion, CS/HB 1193, making the two bills virtually identical. (See above.) Reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability.

PUBLIC EMPLOYEES AND OFFICERS

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)

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

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)

● Reported favorably by the H. Government Operations Subcommittee. Now in H. State Affairs.

→ L SB 1464 Application of Open Government Laws to Officers-Elect: Companion to HB 1305. Sen. Don Gaetz (R-Destin)

● A late-filed amendment by Senator Ring was adopted by the S. Governmental Oversight & Accountability Committee and the bill was reported favorably as a committee substitute. As amended, CS/SB 1464 specifically defines the term “officers-elect” to mean the Governor, Lieutenant Governor, and the Cabinet. By adding this definition, local government officers-elect would be specifically excluded from open government requirements. Now in S. Budget.

RESEARCH

L 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)

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

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. Government Operations Subcommittee. Now in H. State Affairs.

PUBLIC MEETINGS

RIGHT TO SPEAK

J CS/SB 206 Public Meetings/Right to Speak: 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. 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. Amends ss. 112.3215 and 286.011, F.S. Companion to HB 355. Sen. Joe Negron (R-Palm City)

● The S. Rules Committee adopted two amendments making significant changes to CS/SB 206 and reported the bill favorably as a committee substitute. As amended, CS/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/CS/SB 205 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. Now in S. Governmental Oversight & Accountability.

→ 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 (R-Parkland

● The H. Government Operations Subcommittee adopted a strike-all amendment that conforms HB 355 to its Senate companion and the two bills are now virtually identical. (See above.) Reported favorably as a committee substitute. Now in H. Rulemaking & Regulation Subcommittee.