2012 Legislative Report for Period Ending March 2
● Current action
CS Committee Substitute
P Passed both Chambers
W Withdrawn from further consideration
SB 832 OGSR/Donors – Historic St. Augustine: Companion to HB 7017. S. Higher Education Committee
● Tabled by the Senate; HB 7017 is substituted. See SB 832.
→ 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
● Substituted for SB 832 and rolled to third reading. On third reading in the Senate, 3/2.
CS/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.
CS/SB 1206 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/SB 1206 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. Amends s. 288.075, F.S. Companion to HB 7115. S. Commerce & Tourism Committee
● Reported favorably by the S. Budget Subcommittee on Transportation, Tourism, and Economic Development Appropriations. Now in the S. Budget Committee.
CS/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. Companion to HB 7107. S. Banking & Insurance Committee
● On the Senate Special Order Calendar, 3/2.
SB 830 OGSR/Physician Workforce Surveys Companion to HB 7035. S. Health Regulation Committee
● Tabled; HB 7035 is substituted. See HB 7035.
→ 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
● Substituted for SB 830 and passed the Senate unanimously. PASSED THE LEGISLATURE.
SB 1232 OGSR/DHSMV – Personal Identifying Information: Companion to HB 7033. S. Banking & Insurance Committee
● Tabled; HB 7033 substituted. See HB 7033.
→ 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. HB 7033 reenacts the exemption with only minor, technical changes. Reenacts s. 324.242, F.S. Companion to SB 1232. H. Governmental Operations Subcommittee
● Substituted for SB 1232 and passed the Senate unanimously. PASSED THE LEGISLATURE.
SB 2078 OGSR/Census Bureau Address Information: Companion to HB 7013. S. Governmental Oversight & Accountability J
● Tabled; HB 7013 substituted. See HB 7013.
→ 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. Companion to SB 2078. H. Governmental Operations Subcommittee J
● Substituted for SB 2078 and passed the Senate unanimously. PASSED THE LEGISLATURE.
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 by the S. Rules Committee; now on S. Calendar.
→ HB 7111 OGSR/Unclaimed Property Reports: Companion to SB 1208. H. Government Operations Subcommittee
● Reported favorably (15/1, Rep. Kriseman voting no) by the H. State Administration Committee. Now on H. Calendar. HB 7111 is on the House Special Order calendar for Friday, March 2.
SB 798 OGSR/Florida Opportunity Fund: Companion to HB 7103. S. Commerce & Tourism Committee
● Tabled; HB 7103 is substituted. See HB 7103.
→ HB 7103 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 798hb 7103 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 SB 798. H. Government Operations Subcommittee
● Substituted for SB 798 and passed the Senate unanimously.PASSED THE LEGISLATURE.
SB 844 OGSR/Sunshine State One-Call: Companion to HB 7037. S. Communications, Energy & Public Utilities Committee
● Tabled; HB 7037 is substituted. See HB 7037.
→ 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
● Substituted for SB 844 and passed the Senate unanimously. PASSED THE LEGISLATURE.
PUBLIC HEALTH AND SAFETY
CS/SB 1390 Exemption/Victims of Violence: 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) held be clerks of court and law enforcement agencies 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 HB 1193. Sen. Arthenia Joyner (D-Tampa)
● On the Senate Special Order Calendar, 3/2.
PUBLIC OFFICERS AND EMPLOYEES
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. Companion to HB 1465. Sen. Lizbeth Benacquisto (R-Wellington)
● An amendment by Sen. Benacquisto conforming SB 878 to its House companion is adopted by the Senate. As amended, SB 878 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. SB 878 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. SB 878 passed the Senate as amended and is now in H. Messages.
CS/SB 906 Exemption/Home Addresses – DBPR: Companion to HB 1089. Sen. Alan Hays (R-Umatilla)
● An amendment conforming CS/SB 906 to its House companion is adopted; the bill is then tabled and CS/HB 1089 is substituted. See CS/HB 1089.
→ CS/HB 1089 Exemption/Home Addresses – DBPR & Tax Collectors: 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. Companion to SB 906. Rep. Janet Adkins (R-Fernandina Beach)
● Substituted for CS/SB 906 by the Senate and rolled to third reading. On third reading in the Senate, 3/2.
SB 1464 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. Defines the term “officers-elect” to mean the Governor, Lieutenant Governor, and the Cabinet. 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 HB 1305. Sen. Don Gaetz (R-Destin) J
● Reported favorably by the S. Budget Subcommittee on Transportation, Tourism, & Economic Development Appropriations. Now in S. Budget Committee.
CS/SB 292 Public Notices 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. Amends various other statutes. Companion to HB 937. Sen. Mike Bennett (R-Bradenton) J
● Reported favorably by the S. Budget Subcommittee on Transportation, Tourism, & Economic Development Appropriations. Now in the S. Budget Committee.
→ 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) J
● Passed the House unanimously. Now in S. Messages.
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)
● Three amendments conforming HB 231 to its Senate companion are adopted by the Senate. HB 231 is then substituted for SB 396 and rolled to third reading. On third reading in the Senate on 3/2.
→ SB 396 Meetings and Workshops/Interlocal Agreements: Companion to HB 231. Sen. Steve Oelrich (R-Gainesville)
● Tabled; HB 231 is amended and substituted. See HB 231.