2006 Legislative Report

2006 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 24

2006 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 24

HB 605 Exemption/Home Addresses - DJJ Employees: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of certain active or former DJJ employees, the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children.Â Stipulates that the exemption applies only if the employee provides a written statement that the employee has made reasonable efforts to protect such information from being accessible through other sources available to the public.Â Â Similar to SB 1320.Â Rep. J.C. Planas (R-Miami)

H. Governmental Operations Committee: An amendment making minor changes is adopted; reported favorably as a committee substitute. As amended, creates a public record exemption for the home addresses, telephone numbers, and photographs of certain active or former DJJ employees, the home addresses, telephone numbers, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children. Stipulates that the exemption applies only if the employee provides a written statement that the employee has made reasonable efforts to protect such information from being accessible through other sources available to the public. Now in H. Juvenile Justice.

CS/HB 675 Sale or Lease of Public Hospital: Amends s. 155.40, F.S., to stipulate that private companies purchasing or leasing a public hospital are not "acting on behalf of" the public hospital and thus are not subject to Florida's public records law and sunshine law.Â Also creates a public record exemption for records of a private corporation that leases or purchases a public hospital.Â The meetings of such corporation are also exempt.Â Similar to SB 1190.Â Rep. Joe Pickens (R-Palatka)

H. Local Government Council: Reported favorably. Now in H. Governmental Operations.

CS/HB 687 Exemption/Concealed Weapons Permits: Creates a public record exemption for personal identifying information of individuals who have applied for or received concealed weapons permits.Â Allows disclosure under certain, specified circumstances, including upon court order and a showing of good cause.Â Similar to SB 1162.Â Rep. Sandy Adams (R-Oviedo)

H. Agriculture Committee: Reported favorably. Now in H. State Administration.

SB 710 OGSR/Interference with Custody: Reenacts and amends the public record exemption in s. 787.03, F.S., for the name, address, and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody.Â As amended, the current address and telephone number of the person who takes the child and the minor are exempt from disclosure until the sheriff or state attorney completes an investigation and determines that releasing the information would not jeopardize the safety of the person or minor.Â Allows access by other government agencies for the purpose of official business.Â Similar to HB 7113.Â S. Judiciary

S. Governmental Oversight Committee: A proposed committee bill deleting the provision that the record becomes available upon completion of an investigation by the sheriff or the state attorney is adopted; reported favorably as a committee substitute. As amended, CS/SB 710 exempts the current address and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody. Now in S. Rules.

CS/HB 1001 Exemption/Fingerprint ID Information: Creates a public record exemption for biometric identification information held by an agency.Â "Biometric identification information" is defined as any record of friction ridge detail, fingerprints, palm prints, and footprints.Â Applies retroactively.Â Â Similar to SB 2292.Â Rep. Sandy Adams (R-Oviedo)

H. State Administration Council: Reported favorably. Now on H. Calendar.

HB 1125 Exemption/Legislative Sunset Advisory Committee: Creates a public record exemption for a working paper, including all documentary or other information, prepared or maintained by the committee.Â Stipulates that any exempt record or information received by the committee retains its exempt status.Â Similar to SB 2462.Â Rep. Ray Sansom (R-Fort Walton Beach)

H. Governmental Operations Committee: A strike all amendment making significant changes is adopted; reported favorably (5/2 - Rep. Loranne Ausley and Ken Gottlieb voting no) as a committee substitute. As amended, CS/HB 1125 creates a public record exemption for agency reports submitted pursuant to law and all records, including working papers and drafts, prepared or maintained by the Legislative Sunset Advisory Committee. Stipulates that the exemption expires six months after the report is presented, or if the report or records are given to any person other than a member of the committee, or to employees or members of the Legislature. Also exempts records that are otherwise confidential or exempt which are received by the committee in performance of its duties. Now in H. State Administration.

SB 1190 Sale or Lease of Public Hospital: Amends s. 155.40, F.S., to stipulate that private companies purchasing or leasing a public hospital are not "acting on behalf of" the public hospital and thus are not subject to Florida's public records law and sunshine law.Â Similar to HB 675.Â Sen. Jeff Atwater (R-North Palm Beach)

S. Health Care Committee: A strike all amendment is adopted; reported favorably as amended. As amended, SB 1190 stipulates that the sale of a public hospital to a private company will not be construed as (1) a transfer of a governmental function from government to the private purchaser; (2) constituting a financial interest of the public seller in the private purchaser; or (3) making a private purchaser an integral part of the public seller's decision-making process, unless otherwise expressly stated in the sale documents. Further stipulates that the purchaser of a public hospital is not "acting on behalf of" the seller nor shall the purchaser be considered an "agency" for the purposes of Florida's open government laws unless, again, the sale document expressly provides t the contrary. Now in S. Governmental Oversight.

SB 1284 Nursing Home Consumer Information: Allows the Agency for Health Care Administration to provide electronic access to nursing home inspection reports as a substitute for sending copies of such reports.Â Also decreases the number of months from 45 to 30 for which reported information must be provided to consumers and requires AHCA to publish the Nursing Home Watch List which must contain certain, specified information.Â Similar to HB 7053.Â Sen. Mike Fasano (R-New Port Richey) WATCH

Senate: Various amendments adopted on third reading; passed the Senate unanimously. As amended, allows the Agency for Health Care Administration to provide electronic access to nursing home inspection reports as a substitute for sending copies of such reports. Also decreases the number of months from 45 to 30 for which reported information must be provided to consumers and requires AHCA to publish the Nursing Home Guide annually which must contain certain, specified information. Now in H. Messages.

HB 1335 Public Meetings/Monroe County: Authorizes the use of teleconferencing equipment by the Monroe County Board of County Commissioners for the purposes of establishing a quorum of board members for a special meeting.Â Stipulates that a special meeting of the board must comply with the requirements of the Sunshine Law.Â Rep. Ken Sorensen (R-Tavernier) ???

H. Local Government Council: Reported favorably. Now in H. Governmental Operations.

HB 1411 Exemption/Health Care Information Network: Creates a public record exemption for patient medical or health records, trade secrets, and information which is received from another state or nation and is otherwise exempt held by the Florida Health Information Network.Â Rep. Holly Benson (R-Pensacola)

H. Health Care Regulation Committee: Reported favorably. Now in H. Governmental Operations.

SB 1438 Exemption/Shell Bill: Expresses legislative intent to create an exemption to the public records law and sunshine law.Â Sen. Nancy Argenziano (R-Crystal River)

S. Governmental Oversight Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1438 clarifies current law, stipulating that a custodian of public records cannot release a record that is confidential and exempt except as provided in statute or pursuant to a court order. Requires agencies receiving confidential and exempt records to retain the confidential and exempt status of such records except as otherwise provided by law. Allows a record custodian to require agencies receiving confidential and exempt records to acknowledge in writing certain stipulated facts. Finally, stipulates that the provision does not limit access to any record by an agency or entity acting on behalf of the record custodian, the Legislature, or pursuant to a court order. Now in S. Judiciary.

CS/SB 1506 Electronic Filings/Insurance: In pertinent part, authorizes the Financial Services Commission to require by rule that statements or filings from viatical settlement providers, premium finance companies, and continuing care provider licensees be submitted electronically.Â Similar to HB 1329.Â Sen. J.D. Alexander (R-Lake Wales) WATCH

Senate: Passed unanimously. Now in H. Messages.

SB 1680 Public Documents: In pertinent part, requires all state government officials and agencies to furnish a list of documents issued during the year to the Division of Library and Information Services, Department of State.Â Also requires government agencies to purge publication mailing lists every other year and to disclose whether agency publications are available on-line and allow recipients to determine whether they'd prefer receiving a hard copy of the publication or a copy in an electronic format.Â S. Government Efficiency Appropriations WATCH

S. Governmental Oversight Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now on S. Calendar.

HB 7017 OGSR/Economic Development Agencies: Reenacts with minor modification the public record exemption in s. 288.075, F.S., for records held by an economic development agency concerning plans, intentions, or interests of a private corporation or person to locate, relocate, or expand its business activities in Florida if the corporation or person requests confidentiality in writing.Â Exempts trade secrets provided by the corporation or person for a period of 10 years.Â Stipulates that such records become public 24 months after the request for confidentiality is received or until the information is otherwise disclosed, whichever occurs first.Â Also stipulates that the period of confidentiality can be extended for an additional 12 months upon written request.Â Similar to SB 734.Â H. Governmental Oversight

H. State Administration Council: A strike all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 7023 OGSR/Pharmaceutical Caches: Reenacts with minor modification the public record exemption in s. 381.95, F.S., for information identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state's plan to defend against an act of terrorism.Â Stipulates that the Governor's certification of the sufficiency of any location, pharmaceutical cache, contents, capabilities, etc., is a public record.Â Similar to SB 698.Â H. Governmental Oversight

H. State Administration Council: Reported favorably. Now on H. Calendar.

HB 7025 OGSR/Hospital Emergency Management Plans: Reenacts with minor modification the public record exemption is s. 395.1056, F.S., for those portions of a comprehensive emergency management plan with address the response of a public or private hospital to an act of terrorism.Â Also reenacts the meetings exemption for portions of meetings during which such plans are discussed.Â Similar to SB 700.Â H. Governmental Oversight

H. State Administration Council: Reported favorably. Now on H. Calendar.

HB 7033 OGSR/Security System Plans: Reenacts with minor, technical modifications the public record exemption in s. 119.071(3), F.S., for security system plans for property owned by or leased to the state or any privately owned or leased property held by a government agency.Â Also reenacts with minor technical modifications the meetings exemption in s. 286.0113, F.S., for portions of meetings which would reveal such plans.Â Similar to SB 696.Â H. Governmental Operations

H. State Administration Council: Reported favorably. Now on H. Calendar.

HB 7035 OGSR/Motor Vehicle Crashes: Reenacts without modification the public record exemption in s. 316.066(3)(c), F.S., for reports which reveal the identity, home or employment telephone number or home or employment address of persons involved in a car crash for a period of 60 days following the crash.Â Allows access by the media, insurance companies, and attorneys of those involved in the crash under certain, specified conditions.Â Similar to SB 712.Â H. Governmental Oversight

H. State Administration Council: Reported favorably (7/1 - Rep. Mary Brandenburg voting no). Now on H. Calendar.

HB 7043 OGSR/Identifying Information - Elderly Affairs: Reenacts with minor modification the exemption in s. 430.105, F.S., for personal identifying information in records relating to an individual's health or eligibility for or receipt of health-related, elder care, or long-term care services held by the Department of Elderly Affairs.Â Similar to CS/SB 514.Â H. Governmental Operations

H. State Administration Council: Reported favorably. Now on H. Calendar.

HB 7047 OGSR/Tobacco-Settlement Agreement: Reenacts without modification the public record exemption in s. 569.215, F.S., for proprietary confidential business information received by the Governor, the Attorney General, or outside counsel representing the state in negotiations for settlement payments under the tobacco settlement agreement.Â Similar to SB 1530.Â H. Governmental Operations

H. Judiciary Committee: Reported favorably. Now in H. State Administration.

HB 7049 OGSR/Surplus Lines Insurance: Reenacts without modification the public record exemption in s. 626.921(8)(b), F.S., for information furnished to the Florida Surplus Lines Service Office under the Surplus Lines Law if disclosure of such information would reveal information specific to a particular policy or policyholder.Â Similar to SB 1586.Â H. Governmental Operations

H. Insurance Committee:

HB 7059 OGSR/Temporary Cash Assistance: Reenacts with minor technical modification the public record exemption in s. 414.295, F.S., for personal identifying information contained in records relating to temporary cash assistance which identifies a participant, or a participant's family or household member.Â Also reenacts with technical modification the meetings exemption for meetings or portions of meetings of Workforce Florida or a regional workforce board or committee at which such information is discussed.Â Similar to SB 736.Â H. Governmental Operations

H. State Administration Council: Reported favorably. Now on H. Calendar.

HB 7061 OGSR/Deferred Presentment Providers: Reenacts with some modification the exemption is s. 560.4041, F.S., for information identifying a drawer or deferred presentment provider contained in the database for deferred presentment providers.Â Amended to stipulate that a provider may access information it has entered into the database and may obtain an eligibility determination for a particular person based on information in the database.Â Further amended to allow access by court order and a showing of good cause.Â Similar to SB 1584.Â H. Governmental Operations

H. Economic Development Committee:

HB 7063 OGSR/Byrd Alzheimer's Center: Reenacts with minor clarifying modifications the public record exemption in s. 1004.445, F.S., for personal identifying information of clients of programs created or funded through the Center; personal identifying information contained in patient medical or health records; materials relating to methods of manufacture, potential trade secrets, potentially patentable materials, trade secrets or proprietary information; the identity of donors or prospective donors who wish to remain anonymous; information received by the Center in the performance of its duties that is otherwise exempt by law; and any information received that is exempt under the laws of another state or federal law.Â Similar to SB 2066.Â H. Governmental Operations

H. Health Care General Committee: Reported favorably. Now in H. State Administration.

NEW BILLS FILED

HB 7053 Nursing Home Consumer Information: Allows the Agency for Health Care Administration to provide electronic access to nursing home inspection reports as a substitute for sending copies of such reports.Â Also decreases the number of months from 45 to 30 for which reported information must be provided to consumers and requires AHCA to publish the Nursing Home Watch List which must contain certain, specified information.Â Similar to SB 1284.Â H. Elder & Long-Term Care

HB 7125 Confidentiality/Medical Records: Amends s. 456.057, F.S., relating to the ownership and control of patient records, to stipulate that the employer of a health care practitioner who is a records owner and all records custodians must maintain the confidentiality of medical records.Â Also stipulates that electronically generated prescriptions must contain certain, specified information.Â Contains definitions.Â Similar to SB 1408.Â H. Health Care Regulation WATCH

HB 7157 Anti-Phishing Act: Prohibits the fraudulent use or possession of another's identifying information for the purpose of soliciting a Florida resident to provide identifying information through the use of a web page or Internet domain name.Â Contains definitions.Â Provides penalties.Â H. Economic Development WATCH

HB 7161 Exemption/State Board of Administration: Creates a public record exemption for proprietary confidential business information concerning alternative investments of the State Board of Administration.Â Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information. Â Allows access by court order and a showing of good cause.Â Similar to SB 1308.Â H. Governmental Operations

2006 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 31

2006 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 31

HB 193 Exemption/Court Monitors: Creates a public record exemption for a court order appointing a court monitor and the reports of such monitors relating to the medical condition, financial affairs, or mental health of a ward.Â Also creates a public record exemption for a court order appointing a court monitor on an emergency basis, and the reports of such monitors.Â Stipulates that the exemptions expire if a court makes a finding of probable cause.Â Finally, creates a public record exemption for court determinations relating to a finding of no probable cause, and court orders finding no probable cause.Â Stipulates that all such records may be subject to inspection as determined by the court.Â Similar to SB 358. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale)

H. Justice Council: Reported favorably. Now on H. Calendar.

HB 459 Exemption/Donors - Statewide Public Guardianship Office: Creates a public record exemption for the identity of donors or prospective donors to the Statewide Public Guardianship Office who wish to remain anonymous.Â Similar to SB 474.Â Rep. Franklin Sands (R-Weston)

H. Future of Florida's Families Committee: Reported favorably by a vote of 4/2 (Reps. Susan Bucher and Will Kendrick voting no). Now in H. Civil Justice.

SB 474 Exemption/Donors - Statewide Public Guardianship Office: Creates a public record exemption for the identity of donors or prospective donors to the Statewide Public Guardianship Office who wish to remain anonymous. Similar to HB 459.Â Sen. Burt Saunders (R-Naples)

S. Children and Families Committee: Reported favorably. Now in S. Governmental Oversight.

CS/HB 687 Exemption/Concealed Weapons Permits: Creates a public record exemption for personal identifying information of individuals who have applied for or received concealed weapons permits.Â Allows disclosure under certain, specified circumstances, including upon court order and a showing of good cause.Â Similar to SB 1162.Â Rep. Sandy Adams (R-Oviedo)

H. State Administration Council: An amendment allowing access to the exempt information by law enforcement agencies and commercial entities provided that the information will be used to support law enforcement or national homeland security agencies is adopted; reported favorably by a vote of 8/1 (Rep. Mary Brandenburg voting no). Now on H. Calendar.

SB 696 OGSR/Security System Plans: Reenacts without modification the public record exemption in s. 119.071(3), F.S., for security system plans for property owned by or leased to the state or any privately owned or leased property held by a government agency.Â Also reenacts without modification the meetings exemption in s. 286.0113, F.S., for portions of meetings which would reveal such plans.Â Similar to HB 7033.Â S. Domestic Security

S. Governmental Oversight Committee: A strike all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 698 OGSR/Pharmaceutical Caches: Reenacts without modification the public record exemption in s. 381.95, F.S., for information identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state's plan to defend against an act of terrorism.Â Stipulates that the Governor's certification of the sufficiency of any location, pharmaceutical cache, contents, capabilities, etc., is a public record.Â Similar to HB 7023.Â S. Domestic Security

S. Governmental Oversight Committee: A strike all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 700 OGSR/Hospital Emergency Management Plans: Reenacts without modification the public record exemption is s. 395.1056, F.S., for those portions of a comprehensive emergency management plan which address the response of a public or private hospital to an act of terrorism.Â Also reenacts the meetings exemption for portions of meetings during which such plans are discussed.Â Similar to HB 7025.Â S. Domestic Security

S. Governmental Oversight Committee: A strike all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 792 OGSR/Communications Tax: Reenacts without modification the public record exemption in s. 213.053, F.S., for all information contained in returns, reports, accounts, or declarations received by the Department of Revenue relating to the communications services tax.Â S. Government Efficiency Appropriations

S. Governmental Oversight Committee: A strike all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

HB 1005 Exemption/High School Drug Tests: Creates a public record exemption for the results of random drug tests of high school athletes.Â Similar to SB 2082.Â Rep. Marcelo Llorente (R-Miami)

H. Pre-K - 12 Committee: Reported favorably. Now in H. Civil Justice.

CS/SB 1212 OGSR/Agricultural Records: Reenacts without modification the public record exemption in s. 403.067, F.S., for individual agricultural records of processes, methods of production, and costs of production, profits, or other financial information which are reported to the Department of Agriculture and Consumer Services.Â S. Agriculture

S. Governmental Oversight Committee: A strike all amendment making a minor technical change is adopted; reported favorably as a committee substitute. Now in S. Rules.

HB 1279 Exemption/HMO - Risk-Based Capital Reports: Creates a public record exemption for HMO risk-based capital reports, plans, and revised plans and the working papers and examination or analysis reports performed pursuant to a plan, corrective order, or regulatory action level event held by the Office of Insurance Regulation.Â Also exempts hearings related to the Office's actions regarding such reports and plans.Â Stipulates that such hearings must be recorded by a court reporter.Â Further stipulates that such exemptions expire one year after the conclusion of any risk-based capital plan or revised plan or on the date of entry of an order of seizure, rehabilitation, or liquidation.Â Similar to SB 2306.Â Â Rep. Adam Hasner (R-Delray Beach)

H. Insurance Committee: Reported favorably. Now in H. Governmental Operations.

HB 1285 Exemption/Innovation Incentive Program: Expands the public record exemption under s. 288.1067, F.S., to create a public record exemption for the federal identification number, unemployment compensation account number, and Florida sales tax registration number; trade secrets; the percentage of sales occurring outside the state and the percentage of gross receipts derived from Department of Defense contracts; anticipated wages for the project jobs that the business plans to create; the average wage actually paid for jobs created by the project; proprietary information regarding capital investment in eligible buildings and equipment;Â and the amount of various, stipulated taxes paid related to the Innovation Incentive Program.Â Rep. Frank Attkisson (R-Kissimmee)

H. Economic Development Committee: Reported favorably by a vote of 6/4 (Reps. Dorothy Bendross-Mindingall, Joyce Cusack, Charlie Justice and Frank Peterman voting no). Now in H. Governmental Operations.

H. Governmental Operations Committee: Reported favorably. Now on H. Calendar.

SB 1408 Confidentiality/Medical Records: Amends s. 456.057, F.S., relating to the ownership and control of patient records, to stipulate that the employer of a health care practitioner who is a records owner and all records custodians must maintain the confidentiality of medical records.Â Also stipulates that electronically generated prescriptions must contain certain, specified information.Â Contains definitions.Â S. Health Care WATCH

Senate: An amendment making minor changes to the definitions section is adopted. Passed the Senate unanimously. Now in H. Messages.

CS/SB 1438 Exempt Records: Clarifies current law, stipulating that a custodian of public records cannot release a record that is confidential and exempt except as provided in statute or pursuant to a court order.Â Requires agencies receiving confidential and exempt records to retain the confidential and exempt status of such records except as otherwise provided by law.Â Allows a record custodian to require agencies receiving confidential and exempt records to acknowledge in writing certain stipulated facts.Â Finally, stipulates that the provision does not limit access to any record by an agency or entity acting on behalf of the record custodian, the Legislature, or pursuant to a court order.Â Sen. Nancy Argenziano (R-Crystal River)

S. Justice Committee: Reported favorably. Now in S. Ways and Means.

W SB 1448 Exemption/E-Mail Addresses: Creates a public record exemption for e-mail addresses of individuals held by an agency.Â Sen. Gwen Margolis (D-Bay Harbor Island)

Senate: Withdrawn from further consideration.

HB 1451 Exemption/Florida Center for Brain Tumor Research: Creates a public record exemption for an individual's medical record and any information received from an individual from another state or the federal government which is otherwise exempt held by the Florida Center for Brain Tumor Research. Similar to SB 2564.Â Â Rep. Anne Gannon (R-Delray Beach)

H. Health Care General Committee: Reported favorably. Now in H. Governmental Operations.

HB 1469 Exemption/Florida Opportunity Fund: Creates a public record exemption for trade secrets held by the Florida Opportunity Fund and the Florida Opportunity Fund Management Corporation.Â Also exempts tax identification numbers, social security numbers, analyses of gross receipts, the amount of taxes paid, the amount of capital investment, the amount of employee wages paid, and the detailed documentation to substantiate performance information included in portfolio data on specific companies within the portfolios of venture capital funds receiving investments from the Florida Opportunity Fund.Â Similar to SB 2668.Â Rep. Michael Grant (R-Port Charlotte)

H. Economic Development Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1469 creates a public record exemption for trade secrets held by the Florida Opportunity Fund. Also exempts tax identification numbers, analyses of gross receipts, the amount of taxes paid, the amount of capital investment, the amount of employee wages paid, and the detailed documentation to substantiate performance information included in portfolio data on specific companies within the portfolios of venture capital funds receiving investments from the Florida Opportunity Fund. Now in H. Governmental Operations.

HB 1507 Exemption/Domestic Violence - State Employees: Creates a public record exemption for personal identifying information contained in records documenting an act of domestic violence that is submitted to an agency by an agency employee.Â Also exempts written requests for leave submitted by an agency employee and agency time sheets reflecting such requests until one year after the leave has been taken.Â Similar to SB 1800.Â Rep. David Mealor (R-Lake Mary) ???

H. Criminal Justice Committee: Reported favorably. Now in H. Governmental Operations.

HB 1577 Fraudulent Use/Personal ID Information: Stipulates that any person who willfully and without authorization fraudulently uses personal identification information concerning an individual over the age of 65 without first obtaining the consent of the individual is guilty of a second degree felony.Â Similar to SB 1963.Â Rep. Mary Brandenburg (D-Palm Beach) WATCH

H. Criminal Justice Committee: Reported favorably. Now in H. Criminal Justice Appropriations.

SB 1800 Exemption/Domestic Violence - State Employees: Creates a public record exemption for personal identifying information contained in records documenting an act of domestic violence that is submitted to an agency by an agency employee.Â Also exempts written requests for leave submitted by an agency employee and agency time sheets reflecting such requests until one year after the leave has been taken.Â Similar to HB 1507.Â Sen. Dave Aronberg (D-Greenacres) ???

S. Commerce and Consumer Services Committee: Reported favorably. Now in S. Judiciary.

SB 1844 Expunction/Non-Judicial Arrest Records: Allows for administrative expunction of non-judicial arrest records of minors or adults who are mistakenly arrested by a law enforcement agency at its own discretion, but subject to rules prescribed by the Florida Department of Law Enforcement.Â Stipulates that an application for administrative expunction must include an affidavit executed by the chief law enforcement officer verifying that the record has been reviewed and the arrest was contrary to law or a mistake.Â Similar to HB 41.Â Sen. Mike Haridopolos (R-Melbourne)

S. Criminal Justice Committee: Amended to stipulate that the affidavit must include the date and time of the arrest, the name of the arresting officer, the name of the person arrested, and the crime or crimes charged. Reported favorably with one amendment. Now in S. Judiciary.

SB 2116 Exemption/Traffic Citations: Expands the public record exemption for the identity of victims contained in car crash reports to also exempt the identity of such persons in uniform traffic citations associated with such crashes and investigations.Â S. Banking and Insurance

S. Banking and Insurance Committee: Reported favorably. Now in S. Governmental Oversight.

SB 2306 Exemption/HMO - Risk-Based Capital Reports: Creates a public record exemption for HMO risk-based capital reports, plans, and revised plans and the working papers and examination or analysis reports performed pursuant to a plan, corrective order, or regulatory action level event held by the Office of Insurance Regulation.Â Also exempts hearings related to the Office's actions regarding such reports and plans.Â Stipulates that such hearings must be recorded by a court reporter.Â Further stipulates that such exemptions expire one year after the conclusion of any risk-based capital plan or revised plan or on the date of entry of an order of seizure, rehabilitation, or liquidation.Â Similar to HB 1279.Â Sen. Jeff Atwater (R-North Palm Beach)

S. Banking and Insurance Committee: Reported favorably. Now in S. Health Care.

W SB 2634 Exemption/Donor Information: Creates a public record exemption for documents identifying the name, identity, home or employment telephone number, home or employment address or personal assets of any potential or actual donor, or that identifies any donation of gifts or funds, to a publicly owned house museum.Â Also creates an exemption for meetings or portions of meetings during which such information is discussed.Â Sen. Gwen Margolis (D-Bay Harbor Island)

Senate: Withdrawn from further consideration.

H. State Administration Council: Reported favorably. Now on H. Calendar.

H. State Administration Council: Reported favorably. Now on H. Calendar.

H. State Administration Council: Reported favorably. Now on H. Calendar.

HB 7063 OGSR/Byrd Alzheimer's Center: Reenacts with minor clarifying modifications the public record exemptions in s. 1004.445, F.S., for personal identifying information of clients of programs created or funded through the Center; personal identifying information contained in patient medical or health records; materials relating to methods of manufacture, potential trade secrets, potentially patentable materials, trade secrets or proprietary information; the identity of donors or prospective donors who wish to remain anonymous; information received by the Center in the performance of its duties that is otherwise exempt by law; and any information received that is exempt under the laws of another state or federal law.Â Similar to SB 2066.Â H. Governmental Operations

H. State Administration Council: Reported favorably. Now on H. Calendar.

HB 7113 OGSR/Interference with Custody: Reenacts and amends the public record exemption in s. 787.03, F.S., for the name, address, and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody.Â As amended, the current address and telephone number of the person who takes the child and the minor are exempt from disclosure until the sheriff or state attorney completes an investigation and determines that releasing the information would not jeopardize the safety of the person or minor.Â Allows access by other government agencies for the purpose of official business.Â Similar to SB 710.Â H. Governmental Operations

H. Civil Justice Committee: Reported favorably. Now in H. State Administration.

HB 7115 OGSR/Autopsy Photographs: Reenacts with minor technical modification the public record exemption in s. 406.135, F.S., for autopsy photographs.Â Allows access upon court order and a showing of good cause.Â Similar to SB 592 and SB 1052.Â H. Governmental Operations

H. State Administration Council: Reported favorably by a vote of 6/2 (Rep. Audrey Gibson and Tee Holloway voting no). Now in H. State Administration.

HB 7161 Exemption/State Board of Administration: Creates a public record exemption for proprietary confidential business information concerning alternative investments of the State Board of Administration.Â Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information.Â Allows access by court order and a showing of good cause.Â Similar to SB 1308.Â H. Governmental Operations

H. State Administration Council: A minor, conforming amendment is adopted; reported favorably as a committee substitute. Now on H. Calendar.

NEW BILLS FILED

HB 7209 OGSR/Agricultural Records: Reenacts without modification the public record exemption in s. 403.067, F.S., for individual agricultural records of processes, methods of production, and costs of production, profits, or other financial information which are reported to the Department of Agriculture and Consumer Services.Â Similar to SB 1212.Â H. Governmental Operations

HB 7223 OGSR/Identifying Information - DOH: Reenacts and slightly narrows the exemption in s. 119.0712, F.S., for all personal identifying information contained in records relating to an individual's personal health or eligibility for health-related services held by DOH.Â Similar to SB 512.Â H. Governmental Oversight

PRIORITY

Support

1)Â Â Â Â Â Â Â Â HB 1323 and SB 1346, Free Speech/False Light

Rep. David Simmons (R-Altamonte Springs); Sen. Rod Smith (D-Gainesville)

2)Â Â Â Â Â Â Â Â HB 1401, SB 1910, SB 2720 and SB 2722, Voting Systems

Rep. Audrey Gibson (D-Jacksonville); Sen. Rod Smith (D-Gainesville); Sen. Ron Klein (D-Delray Beach); Rep. Gary Siplin (D-Orlando)

Oppose

1)Â Â Â Â Â Â Â Â SB 592. SB 1052 and HB 7115, OGSR/Autopsy Photographs

Sen. Bill Posey (R-Rockledge); S. Criminal Justice; H. Governmental Operations

2)Â Â Â Â Â Â Â Â HB 675 and SB 1190, Sale or Lease of Public Hospitals

Rep. Joe Pickens (R-Palatka); Sen. Jeff Atwater (R-North Palm Beach)

3)Â Â Â Â Â Â Â Â HB 687 and SB 1162, Exemption/Concealed Weapons Permits

Rep. Sandy Adams (R-Oviedo); Sen. Mike Haridopolos (R-Melbourne)

4)Â Â Â Â Â Â Â Â HB 1563 and SB 2366, Court Records

Rep. Will Kendrick (D-Carrabelle); Sen. Nancy Argenziano (R-Crystal River)

5)Â Â Â Â Â Â Â Â SB 1898, Exemption/Crime Victim Photographs

Sen. Jim King (R-Jacksonville); Sen. Rod Smith (D-Gainesville)

2006 LEGISLATIVE REPORT FOR PERIOD ENDING APRIL 7

2006 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 7

H. Civil Justice Committee: Reported favorably. Now in H. Governmental Operations.

SB 516 OGSR/Medicaid Pharmaceutical Rebates: Reenacts and amends the exemption in s. 409.91196,F.S., for the rebate amount, percent of rebate, manufacturer's pricing, and supplemental rebate held by the Agency for Health Care Administration pursuant to the Medicaid prescription drug program.Â Also exempts portions of meetings of the Medicaid Pharmaceutical and Therapeutics Committee at which such information is discussed.Â As amended, requires that a record be made of the closed portions of meetings, stipulating that such record must include the times of commencement and termination, all discussions and proceedings, and the names of all persons speaking. S. Health Care

S. Governmental Oversight Committee: A strike all amendment making various changes to the bill is adopted; reported favorably as a committee substitute. As amended, CS/SB 516 reenacts and amends the exemption in s. 409.91196, F.S., for the rebate amount, percent of rebate, manufacturer's pricing, supplemental rebate, and other trade secrets specifically identified by the agency for use in negotiations held by AHCA. Also exempts portions of meetings of the Medicaid Pharmaceutical and Therapeutics Committee at which such information is discussed. As amended, requires that a record be made of the closed portions of meetings, stipulating that such record must include the times of commencement and termination, all discussions and proceedings, and the names of all persons present and the names of all persons speaking at any time. Now in S. Rules.

CS/HB 605 Exemption/Home Addresses - DJJ Employees: Creates a public record exemption for the home addresses, telephone numbers, and photographs of certain active or former DJJ employees, the home addresses, telephone numbers, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children.Â Stipulates that the exemption applies only if the employee provides a written statement that the employee has made reasonable efforts to protect such information from being accessible through other sources available to the public.Â Â Similar to SB 1320.Â Rep. J.C. Planas (R-Miami)

H. Juvenile Justice Committee: An amendment deleting the provision that an employee make reasonable efforts to protect the exempt information from being accessibe through other sources available to the public is adopted. Reported favorably as a committee substitute. As amended, CS/CS/HB 605 creates a public record exemption for the home addresses, telephone numbers, and photographs of certain active or former DJJ employees, the home addresses, telephone numbers, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children. Now in H. State Administration.

SB 662 OGSR/Home Addresses - Human Resource Directors: Reenacts and amends the public record exemption in s. 119.071(4)(d)2., F.S., for the home addresses telephone numbers, social security numbers, and photographs of certain active or former human resource personnel, the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children.Â As amended, deletes the exemption for social security numbers.Â Similar to HB 7009.Â S. Community Affairs

S. Governmental Oversight Committee: A strike all amendment making minor changes to the bill is adopted; reported favorably as a committee substitute. As amended, CS/SB 662 reenacts and amends the public record exemption in s. 119.071(4)(d)2., F.S., for the home addresses, telephone numbers, and photographs of certain active or former human resource personnel, the home addresses, telephone numbers, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children. Now in S. Rules.

SB 664 OGSR/Home Addresses - Code Enforcement Officers: Reenacts and amends the public record exemption in s. 119.071(4)(d)5., F.S., for the home addresses telephone numbers, social security numbers, and photographs of active or former code enforcement officers, the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children.Â As amended, deletes the exemption for social security numbers and photographs.Â S. Community Affairs

S. Governmental Oversight Committee: A strike all amendment making minor changes to the bill is adopted; reported favorably as a committee substitute. As amended, CS/SB 664 reenacts and amends the public record exemption in s. 119.071(4)(d)5., F.S., for the home addresses telephone numbers, and photographs of active or former code enforcement officers, the home addresses, telephone numbers, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children. Now in S. Rules.

SB 712 OGSR/Motor Vehicle Crashes: Reenacts without modification the public record exemption in s. 316.066(3)(c), F.S., for reports which reveal the identity, home or employment telephone number or home or employment address of persons involved in a car crash for a period of 60 days following the crash.Â Allows access by the media, insurance companies, and attorneys of those involved in the crash under certain, specified conditions.Â Similar to HB 7035.Â S. Transportation

S. Governmental Oversight Committee: A strike all amendment significantly expanding the exemption is adopted; reported favorably as a committee substitute. As amended, CS/SB 712 reenacts and expands the exemption in s. 316.066(3)(c), F.S., for crash reports and traffic citations relating to such crashes which reveal the identity, home or employment telephone number or home or employment address of persons involved in a car crash for a period of 60 days following the crash. Allows access by the media, insurance companies, and attorneys of those involved in the crash under certain, specified conditions. Now in S. Rules.

HB 943 Exemption/Controlled Substances: Creates a public record exemption for personal identifying information of a patient, health care practitioner, or pharmacist contained in records held by DOH under the electronic-monitoring system for prescription of controlled substances. CS/Similar to SB 176.Â Rep. Gayle Harrell (R-Port St. Lucie)

H. Health Care Regulation Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in H. Criminal Justice.

HB 1097 Public Records/Inspection & Copying: Stipulates that the person who has custody of a public record or an agency head may designate another officer or employee of the agency to allow inspection or copying of public records but must publicly disclose the identity of the designee who has been assigned to respond to public record requests.Â Also stipulates that custodians of public records and their designees must respond to public record requests "promptly and in good faith", and that a "good faith response" includes determining whether the record requested exists and, if so, where it can be accessed.Â Similar to SB 2714.Â Rep. Shelley Vana (D-West Palm Beach)

H. Governmental Operations Committee: An amendment making significant changes to the bill is adopted; reported favorably as a committee substitute. As amended, CS/HB 1097 stipulates that an agency head who appoints a designee to act as a custodian of public records must provide notice to the public of the designation. Stipulates that the notice must contain the name and title of the designee, the designee's e-mail address, and office telephone number and mailing address, and that such the notice must be prominently posted in portions of agency offices accessible to the public and on the home page of the agency's website. Also stipulates that other agency employees cannot deny the existence of a public record or mislead anyone as to the existence of a public record. Finally, stipulates that a public record custodian or designee must respond to public record requests promptly and in good faith, and that such persons must be available to respond to public record requests during agency's regular business hours. Defines "good-faith response" as "making reasonable efforts to determine from other officers or employees whether such a record exists and, if so, the location at which the record can be accessed." Now in H. Insurance.

HB 1117 Exemption/S. Florida Regional Transportation Authority: Creates a public record exemption for appraisal reports, offers, and counteroffers relating to land acquisition by the South Florida Regional Transportation Authority until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the authority.Â Allows disclosure under certain, specified conditions.Â Similar to SB 2076.Â Rep. Ron Greenstein (D-Coconut Creek)

H. Transportation Committee: Reported favorably. Now in H. Governmental Operations.

CS/SB 1162 Exemption/Concealed Weapons Permits: Creates a public record exemption for personal identifying information of an individual who has applied for or received a concealed weapons permit; allows disclosure under certain, specified circumstances.Â Allows disclosure under certain, specified circumstances, including upon court order and a showing of good cause.Â Similar to HB 687.Â Sen. Mike Haridopolos (R-Melbourne)

S. Criminal Justice Committee: Reported favorably. Now in S. Governmental Oversight.

H. Governmental Operations Committee: Reported favorably. Now in H. Justice.

SB 1530 OGSR/Tobacco-Settlement Agreement: Reenacts without modification the public record exemption in s. 569.215, F.S., for proprietary confidential business information received by the Governor, the Attorney General, or outside counsel representing the state in negotiations for settlement payments under the tobacco settlement agreement.Â Similar to HB 7047.Â S. Regulated Industries

S. Governmental Oversight Committee: One minor technical amendment is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 2066 OGSR/Byrd Alzheimer's Center: Reenacts with minor clarifying modifications the public record exemption in s. 1004.445, F.S., for personal identifying information of clients of programs created or funded through the Center; personal identifying information contained in patient medical or health records; materials relating to methods of manufacture, potential trade secrets, potentially patentable materials, trade secrets or proprietary information; the identity of donors or prospective donors who wish to remain anonymous; information received by the Center in the performance of its duties that is otherwise exempt by law; and any information received that is exempt under the laws of another state or federal law.Â Similar to HB 7063.Â S. Education

S. Education Committee: Reported favorably by a vote of 4/1 (Sen. Jim King voting no). Now in S. Governmental Oversight.

S. Governmental Oversight Committee: A strike all amendment conforming the bill to CS/SB 712 is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 2316 Exemption/Rejected Bids, Proposals or Negotiations: Creates a public record exemption for rejected bids, proposals, or negotiations submitted in response to invitations to bid, invitations to negotiate, or requests for proposals if the agency concurrently provides notice of its intent to reopen such invitations or requests.Â Stipulates that the records remain exempt until notice of a decision or intended decision is provide or the agency withdraws the reopened invitation to bid, invitation to negotiate, or request for proposals.Â Similar to HB 1369.Â Sen. Jim Sebesta (R-St. Petersburg)

S. Governmental Oversight Committee: A strike all amendment, as amended, is adopted; reported favorably as a committee substitute. As amended, CS/SB 2316 creates a public record exemption for rejected bids or proposals submitted in response to invitations to bid or requests for proposals if the agency concurrently provides notice of its intent to reopen such invitations or requests. Stipulates that the records remain exempt until notice of a decision or intended decision is provide or the agency withdraws the reopened invitation to bid or request for proposals. Also creates an exemption for competitive sealed replies in response to invitations to negotiate until such time as an agency provides notice of a decision or intended decision or until 20 days after the final competitive sealed replies are opened, whichever is earlier. Stipulates that if an agency rejects all competitive sealed replies and concurrently reissues the invitation to negotiate within 90 days of such notice to reissue, the rejected replies remain exempt until such time as the agency provides notice of a decision or intended decision concerning the reissued invitation to negotiate. In any event, a competitive sealed reply will not be exempt for more than 12 months after the initial agency notice rejecting all replies. Also creates an exemption for a meeting at which a negotiation with a vendor is conducted, stipulating that a complete recording of such meetings must be made. The recording becomes public once the agency provides notice of a decision or intended decision or until 20 days after the competitive sealed replies are opened, whichever is earlier. Now in S. General Government Appropriations.

SB 2366 Exempt Information/Court Records: Requires the person who files court records to redact any information the filer deems is exempt from public disclosure prior to filing the document, and to replace the redacted information with a unique number that is cross-referenced to a separate reference sheet of confidential information.Â Stipulates that the completed reference sheet must be sealed and that inspection of such sheet is strictly limited to the parties to the case, the attorney of record, and any government agency.Â Similar to HB 1563.Â Sen. Nancy Argenziano (R-Crystal River)

S. Judiciary Committee: A strike all amendment making significant changes to the bill is adopted; reported favorably as a committee substitute. As amended, CS/SB 2366 extends the deadline by which clerks of court must affirmatively redact social security numbers and bank account and credit card numbers from court records until January 1, 2009, stipulating that the clerk of court cannot be held liable for the inadvertent release of such information filed in a court record prior to the deadline. Deletes the requirement that clerks of court redact such information in official records, but stipulates that if the clerk accepts or stores official records in an electronic format, the clerk must use "best efforts" to redact such information. Now in S. Governmental Oversight.

SB 2612 Exemption/Ethics Commission: Creates a public record exemption for user identifications and passwords held by the Ethics Commission.Â Also exempts statements, records, reports, and files stored in the Commission's electronic filing system until such time as the statements or reports have been submitted as a filed statement or report.Â Sen. Bill Posey (R-Rockledge)

S. Ethics and Elections Committee: Reported favorably. Now in S. Governmental Oversight.

SB 2656Â Exemption/Florida Opportunity Fund: Creates a public record exemption for trade secret held by the Florida Opportunity Fund and the Florida Opportunity Fund Management Corporation.Â Also exempts tax identification numbers, social security numbers, analyses of gross receipts, the amount of taxes paid, the amount of capital investment, the amount of employee wages paid, and the detailed documentation to substantiate performance information included in portfolio data on specific companies within the portfolios of venture capital funds receiving investments from the Florida Opportunity Fund.Â Similar to SB 2668.Â Rep. Michael Grant (R-Port Charlotte) Similar to HB 1469.Â Sen. Jeff Atwater (R-North Palm Beach)

S. Commerce and Consumer Services Committee: A strike all amendment making minor technical changes to the bill is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

SB 2714 Public Records/Inspection & Copying: Stipulates that the person who has custody of a public record or an agency head may designate another officer or employee of the agency to allow inspection or copying of public records but must publicly disclose the identity of the designee who has been assigned to respond to public record requests.Â Also stipulates that custodians of public records and their designees must respond to public record requests "promptly and in good faith", and that a "good faith response" includes determining whether the record requested exists and, if so, where it can be accessed.Â Similar to HB 1097.Â Sen. Ron Klein (D-Delray Beach) ???

S. Governmental Oversight Committee: An amendment making significant changes to the bill is adopted; reported favorably as a committee substitute. As amended, CS/SB 2714 stipulates that an agency head who appoints a designee to act as a custodian of public records must provided notice to the public of the designation. Stipulates that the notice must contain the name and title of the designee, the designee's e-mail address, and office telephone number and mailing address, and that such the notice must be prominently posted in portions of agency offices accessible to the public and on the home page of the agency's website. Also stipulates that other agency employees cannot deny the existence of a public record or mislead anyone as to the existence of a public record. Finally, stipulates that a public record custodian or designee must respond to public record requests promptly and in good faith, and that such persons must be available to respond to public record requests during agency's regular business hours. Defines "good-faith response" as "making reasonable efforts to determine from other officers or employees whether such a record exists and, if so, the location at which the record can be accessed." Now in S. Judiciary.

HB 7007 OGSR/Child Support Services: Reenacts without modification the public record exemption in s. 61.1827, F.S., for any information that would reveal the identity of applicants for or recipients of child support services, including the name, address, and telephone number of such persons, in the possession of a non-Title IV-D county child support enforcement agency.Â Similar to SB 1078.Â H. Governmental Operations

House: Passed the House unanimously. Now in S. Messages.

HB 7009 OGSR/Home Addresses - Human Resource Directors: Reenacts and amends the public record exemption in s. 119.071(4)(d)2., F.S., for the home addresses telephone numbers, social security numbers, and photographs of certain active or former human resource personnel, the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children.Â As amended, deletes the exemption for social security numbers.Â Similar to SB 662.Â H. Governmental Operations

House: On third reading, a narrowing amendment by Rep. Jack Seiler (D-Pampano Beach) is defeated. HB 7009 passed the House 85/32. Now in S. Messages.

HB 7011 OGSR/Home Addresses - Code Enforcement Officers: Reenacts and amends the public record exemption in s. 119.071(4)(d)5., F.S., for the home addresses telephone numbers, social security numbers, and photographs of active or former code enforcement officers, the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children.Â As amended, deletes the exemption for social security numbers and photographs.Â Similar to SB 664.Â H. Governmental Operations

House: On third reading, a narrowing amendment by Rep. Jack Seiler (D-Pampano Beach) is defeated. HB 7011 passed the House 98/19. Now in S. Messages.

HB 7013 OGSR/Software Copyright: Reenacts with minor modifications s. 119.084, F.S., authorizing copyright of agency-produced software.Â Similar to SB 1038.Â H. Governmental Operations

House: Passed the House 86/32. Now in S. Messages.

HB 7015 OGSR/Archaeological Sites: Reenacts with minor modification the public record exemption in s. 267.135, F.S., for any information identifying the location of an archaeological site held by the Division of Historical Resources of the Department of State.Â Similar to SB 1036.Â H. Governmental Operations

House: Passed the House unanimously. Now in S. Messages.

CS/HB 7017 OGSR/Economic Development Agencies: Reenacts with minor modification the public record exemption in s. 288.075, F.S., for records held by an economic development agency concerning plans, intentions, or interests of a private corporation or person to locate, relocate, or expand its business activities in Florida if the corporation or person requests confidentiality in writing.Â Exempts trade secrets provided by the corporation or person for a period of 10 years.Â Stipulates that such records become public 24 months after the request for confidentiality is received or until the information is otherwise disclosed, whichever occurs first.Â Also stipulates that the period of confidentiality can be extended for an additional 12 months upon written request.Â Similar to SB 734.Â H. Governmental Oversight

House: Passed the House 85/32. Now in S. Messages.

House: Passed the House 117/1 (Rep. Joyce Cusack voting no). Now in S. Messages.

House: Passed the House unanimously. Now in S. Messages.

HB 7027 OGSR/Nursing Home Adverse Incident Reports: Reenacts and slightly narrows the exemption in s. 119.0712, F.S., for all personal identifying information contained in records relating to an individual's personal health or eligibility for health-related services held by DOH. Similar to SB 510.Â H. Governmental Operations

House: Passed the House 92/25. Now in S. Messages.

House: Passed the House unanimously. Now in S. Messages.

House: An amendment offered by Rep. Tim Ryan (D-Dania Beach) to reduce the penalty for release of records to those not authorized to receive them fails; passed the House 85/32.

House: Passed the House unanimously. Now in S. Messages.

HB 7045 OGSR/Medicaid Pharmaceutical Rebates: Reenacts and amends the exemption in s. 409.91196, F.S., for the rebate amount, percent of rebate, manufacturer's pricing, and supplemental rebate held by the Agency for Health Care Administration pursuant to the Medicaid prescription drug program.Â Also exempts portions of meeting of the Medicaid Pharmaceutical and Therapeutics Committee at which such information is discussed.Â As amended, requires that a record be made of the closed portions of meetings, stipulating that such record must include the times of commencement and termination, all discussions and proceedings, and the names of all persons speaking.Â Similar to SB 516.Â Â H. Governmental Operations

H. State Administration Council: A minor conforming amendment is adopted; reported favorably as a committee substitute. Now on H. Calendar.

House: Passed the House unanimously. Now in S. Messages.

H. State Administration Council: Reported favorably. Now on H. Calendar.

H. Health Care Appropriations Committee: Reported favorably. Now in H. Health and Families.

H. Civil Justice Committee: Reported favorably. Now in H. Criminal Justice Appropriations.

H. Agriculture Committee: Reported favorably. Now in H. State Administration.

NEW BILLS FILED

SB 1136 Shell/Economic Development: Expresses legislative intent to revise laws relating to economic development.Â Sen. Jim King (R-Jacksonville)

S. Commerce and Consumer Services Committee: A strike all amendment is adopted. As amended, CS/SB 1136 expands the public record exemption under s. 288.1067, F.S., to create a public record exemption for the federal identification number, unemployment compensation account number, and Florida sales tax registration number; trade secrets; the percentage of sales occurring outside the state and the percentage of gross receipts derived from Department of Defense contracts; anticipated wages for the project jobs that the business plans to create; the average wage actually paid for jobs created by the project; proprietary information regarding capital investment in eligible buildings and equipment; and the amount of various, stipulated taxes paid related to the Innovation Incentive Program. As amended, similar to HB 1285. Now in S. Community Affairs.

HB 7233 OGSR/Communications Tax: Reenacts without modification the public record exemption in s. 213.053, F.S., for all information contained in returns, reports, accounts, or declarations received by the Department of Revenue relating to the communications services tax.Â Similar to CS/SB 792.Â H. Governmental Operations

HB 7243 Exempt Records: Clarifies current law, stipulating that a custodian of public records cannot release a record that is confidential and exempt except as provided in statute or pursuant to a court order.Â Requires agencies receiving confidential and exempt records to retain the confidential and exempt status of such records except as otherwise provided by law.Â Allows a record custodian to require agencies receiving confidential and exempt records to acknowledge in writing certain stipulated facts.Â Finally, stipulates that the provision does not limit access to any record by an agency or entity acting on behalf of the record custodian, the Legislature, or pursuant to a court order.Â Similar to CS/SB 1438.Â H. Governmental Operations

H. State Administration Council: Reported favorably. Now on H. Calendar.

2006 LEGISLATIVE REPORT FOR PERIOD ENDING APRIL 21

2006 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 21

p HB 193 Exemption/Court Monitors: Creates a public record exemption for a court order appointing a court monitor and the reports of such monitors relating to the medical condition, financial affairs, or mental health of a ward.Â Also creates a public record exemption for a court order appointing a court monitor on an emergency basis, and the reports of such monitors.Â Stipulates that the exemptions expire if a court makes a finding of probable cause.Â Finally, creates a public record exemption for court determinations relating to a finding of no probable cause, and court orders finding no probable cause.Â Stipulates that all such records may be subject to inspection as determined by the court.Â Similar to SB 358. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale)

Senate: Passed unanimously. PASSED THE LEGISLATURE.

SB 358 Exemption/Court Monitors: Creates a public record exemption for a court order appointing a court monitor and the reports of such monitors relating to the medical condition, financial affairs, or mental health of a ward.Â Also creates a public record exemption for a court order appointing a court monitor on an emergency basis, and the reports of such monitors.Â Stipulates that the exemptions expire if a court makes a finding of probable cause.Â Finally, creates a public record exemption for court determinations relating to a finding of no probable cause, and court orders finding no probable cause.Â Stipulates that all such records may be subject to inspection as determined by the court.Â Similar to HB 193.Â Sen. Gwen Margolis (D - Bay Harbor Island)

Senate: Tabled. HB 193 substituted. See HB 193.

S. Governmental Oversight Committee: A strike all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 510 OGSR/Nursing Home Adverse Incident Reports: Reenacts with minor modification the exemption in s. 400.119, F.S., for incident reports filed with a nursing home's risk manager and administrator, notifications of the occurrence of an adverse incident, and adverse incident reports.Â Also exempts meetings of nursing homeÂ internal risk management and quality assurance committees and records of such meetings.Â Stipulates that records disclosed to a law enforcement agency remain exempt until criminal charges are filed.Â Similar to HB 7027.Â S. Health Care

S. Governmental Oversight Committee: A strike all amendment making minor grammatical changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 512 OGSR/Identifying Information - DOH: Reenacts and slightly narrows the exemption in s. 119.0712, F.S., for all personal identifying information contained in records relating to an individual's personal health or eligibility for health-related services held by DOH.Â S. Health Care

S. Governmental Oversight Committee: Reported favorably. Now in S. Rules.

H. Governmental Operations Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS/HB 675 amends s. 155.40, F.S., to stipulate that, unless otherwise expressly stated in the sale documents, the sale of a public hospital to a private purchaser shall not be construed as (1) a transfer of governmental function to the private purchaser; (2) constituting a financial interest of the public seller in the private purchaser; or (3) making a private purchaser an integral part of the public seller's decision-making process. Stipulates that the purchaser of a public hospital operating after the sale of the hospital is not "acting on behalf of" the seller nor is the purchaser to be considered an "agency" under Florida's open government laws unless the sale document expressly provides to the contrary. Now in H. Health and Families.

H. Health and Families Council: Reported favorably. Now on H. Calendar.

CS/HB 687 Exemption/Concealed Weapons Permits: Creates a public record exemption for personal identifying information of individuals who have applied for or received concealed weapons permits.Â Allows access to the exempt informationÂ by law enforcement agencies and commercial entities provided that the information will be used to support law enforcement or national homeland security agencies.Â Also allows disclosure under certain, specified circumstances, including upon court order and a showing of good cause.Â Similar to SB 1162.Â Rep. Sandy Adams (R-Oviedo)

House: A technical amendment adopted on third reading. Passed the House as amended, 83/27. Now in S. Messages.

SB 736 OGSR/Temporary Cash Assistance: Reenacts with minor technical modification the public record exemption in s. 414.295, F.S., for personal identifying information contained in records relating to temporary cash assistance which identifies a participant, or a participant's family or household member.Â Also reenacts without modification the meetings exemption for meetings or portions of meetings of Workforce Florida or a regional workforce board or committee at which such information is discussed.Â S. Commerce

S. Governmental Oversight Committee: A strike all amendment making technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

CS/SB 792 OGSR/Communications Tax: Reenacts without modification the public record exemption in s. 213.053, F.S., for all information contained in returns, reports, accounts, or declarations received by the Department of Revenue relating to the communications services tax.Â S. Government Efficiency Appropriations

Senate: Passed unanimously. Now in H. Messages.

SB 1052 OGSR/Autopsy Photographs: Reenacts without modification the exemption in s. 406.135, F.S., for autopsy photographs.Â Allows access upon court order and a showing of good cause. Similar to SB 592 and HB 7115.Â S. Criminal Justice

S. Governmental Oversight Committee: A strike all amendment making technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

H. Governmental Operations Committee: A strike all amendment making technical changes to the bill is adopted; reported favorably as a committee substitute. Now in H. State Infrastructure.

SB 1190 Sale or Lease of Public Hospital: As amended, SB 1190 stipulates that the sale of a public hospital to a private company will not be construed as (1) a transfer of a governmental function from government to the private purchaser; (2) constituting a financial interest of the public seller in the private purchaser; or (3) making a private purchaser an integral part of the public seller's decision-making process, unless otherwise expressly stated in the sale documents.Â Further stipulates that the purchaser of a public hospital is not "acting on behalf of" the sellerÂ nor shall the purchaser be considered an "agency" for the purposes of Florida's open government laws unless, again, the sale document expressly provides t the contrary.Â Similar to HB 675.Â Sen. Jeff Atwater (R-North Palm Beach)

S. Governmental Oversight Committee: Reported favorably. Now in S. Community Affairs.

Senate: Passed unanimously. Now in H. Messages.

w SB 1250 Use of Social Security Numbers: Requires an agency to redact social security numbers in records prior to disposing of such records.Â Prohibits inclusion of social security numbers on insurance identification cards and student identification cards.Â Stipulates that an individual cannot be required to disclose his/her social security number in order to obtain goods or services or enter into a business transaction unless state or federal law authorizes such disclosure.Â Also prohibits public posting or display of an individual's social security number; printing of such number on any card required to obtain access to products or services; printing social security numbers on any materials mailed to the individual unless required by state or federal law; printing a social security number on a postcard or other mailer not requiring an envelope; requiring transmission of such numbers over the Internet unless the connection is secure or the number is encrypted; and requiring use of a social security number to access an Internet website unless a password or unique personal identification number or other authentication device is also required.Â Allows continuing use of social security numbers under certain, specified conditions.Â Stipulates that such prohibitions and requirements do not apply to the state or to documents that are recorded or required to be open to the public under state or federal law and that the act does not prevent the collection, use, or release of a social security number as authorized by law or the use of such numbers for internal verification or administrative purposes.Â Sen. Gwen MargolisÂ (D-Bay Harbor Island)

Senate: Withdrawn from further consideration.

H. Governmental Operations Committee: A minor technical amendment is adopted; reported favorably as a committee substitute by a vote of 5/1 (Rep. Ken Gottlieb voting no).

H. Commerce Council: Reported favorably by a vote of 7/3 (Reps. Ken Gottlieb, Charlie Justice and Tim Ryan voting no). Now on H. Calendar.

CS/SB 1308 Exemption/State Board of Administration: Creates a public record exemption for proprietary confidential business information concerning alternative investments of the State Board of Administration.Â Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information.Â Stipulates that the records are exempt until 10 years after the investment.Â Allows access by court order and a showing of good cause.Â Sen. Rudy Garcia (R-Hialeah)

Senate: Tabled. HB 7161 substitute. See HB 7161.

CS/HB 1329 Electronic Filings/Insurance: Authorizes the Financial Services Commission to require by rule that statements or filings from viatical settlement providers, premium finance companies, and continuing care provider licensees be submitted electronically.Â Similar to SB 1506.Â Rep. Michael Grant (R-Port Charlotte) WATCH

H. Commerce Council: An amendment making minor changes is adopted; reported favorably as amended. Now on H. Calendar.

House: Passed the House unanimously. Now in S. Messages.

HB 1369 Exemption/Rejected Bids, Proposals or Negotiations: Creates a public record exemption for rejected bids, proposals, or negotiations submitted in response to invitations to bid, invitations to negotiate, or requests for proposals if the agency concurrently provides notice of its intent to reopen such invitations or requests.Â Stipulates that the records remain exempt until notice of a decision or intended decision is provide or the agency withdraws the reopened invitation to bid, invitation to negotiate, or request for proposals.Â Similar to SB 2316.Â Rep. Greg Evers (R-Milton)

H. Governmental Operations Committee: A strike all amendment, as amended, is adopted; reported favorably as a committee substitute. As amended, CS/HB 1369 creates a public record exemption for rejected bids or proposals submitted in response to invitations to bid or requests for proposals if the agency concurrently provides notice of its intent to reopen such invitations or requests. Stipulates that the records remain exempt until notice of a decision or intended decision is provide or the agency withdraws the reopened invitation to bid or request for proposals. Also creates an exemption for competitive sealed replies in response to invitations to negotiate until such time as an agency provides notice of a decision or intended decision or until 20 days after the final competitive sealed replies are opened, whichever is earlier. Stipulates that if an agency rejects all competitive sealed replies and concurrently reissues the invitation to negotiate within 90 days of such notice to reissue, the rejected replies remain exempt until such time as the agency provides notice of a decision or intended decision concerning the reissued invitation to negotiate. In any event, a competitive sealed reply will not be exempt for more than 12 months after the initial agency notice rejecting all replies. Also creates an exemption for a meeting at which a negotiation with a vendor is conducted, stipulating that a complete recording of such meetings must be made. The recording becomes public once the agency provides notice of a decision or intended decision or until 20 days after the competitive sealed replies are opened, whichever is earlier. Now in H. State Administration.

H. Governmental Operations Committee: A minor title amendment is adopted; reported favorably as a committee substitute. Now in H. Health and Families.

H. Health and Families Council: Reported favorably. Now on H. Calendar.

CS/HB 1469 Exemption/Florida Opportunity Fund: Creates a public record exemption for trade secrets held by the Florida Opportunity Fund.Â Also exempts tax identification numbers, analyses of gross receipts, the amount of taxes paid, the amount of capital investment, the amount of employee wages paid, and the detailed documentation to substantiate performance information included in portfolio data on specific companies within the portfolios of venture capital funds receiving investments from the Florida Opportunity Fund.Â Similar to SB 2656.Â Rep. Michael Grant (R-Port Charlotte)

H. Governmental Operations Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS/HB 1469 creates a public record exemption for proprietary confidential business information concerning alternative investments of the Florida Opportunity Fund. Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information. Allows access by court order and a showing of good cause.

H. Commerce Council: Reported favorably. Now on H. Calendar.

HB 1563 Exempt Information/Court Records: Requires the person who files court records to redact any information the filer deems is exempt from public disclosure prior to filing the document, and to replace the redacted information with a unique number that is cross-referenced to a separate reference sheet of confidential information.Â Stipulates that the completed reference sheet must be sealed and that inspection of such sheet is strictly limited to the parties to the case, the attorney of record, and any government agency.Â Similar to SB 2366.Â Rep. Will Kendrick (D-Carrabelle)

H. Governmental Operations Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1563 extends the deadline by which clerks of court must affirmatively redact social security numbers and bank account and credit card numbers from court records until January 1, 2008, stipulating that the clerk of court cannot be held liable for the inadvertent release of such information filed in a court record prior to the deadline. Stipulates that if the clerk accepts or stores official records in an electronic format, the clerk must use "best efforts" to redact such information, and that use of redaction software shall be deemed best effort. Also stipulates that the clerk cannot be held liable for the inadvertent release of such information filed in an official record prior to the deadline. Finally, requires automatic redaction of social security numbers and bank and credit card numbers from official records and court records after January 1, 2008. Now in H. State Administration Council.

H. Justice Council: Reported favorably. Now on H. Calendar.

SB 1584 OGSR/Deferred Presentment Providers: Reenacts with some modification the exemption is s. 560.4041, F.S., for information identifying a drawer or deferred presentment provider contained in the database for deferred presentment providers.Â Amended to stipulate that a provider may access information it has entered into the database and may obtain an eligibility determination for a particular person based on information in the database.Â Further amended to allow access by court order and a showing of good cause.Â S. Banking and Insurance

S. Governmental Oversight Committee: A strike all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

CS/SB 1586 OGSR/Surplus Lines Insurance: Reenacts with minor modification the public record exemption in s. 626.921(8)(b), F.S., for information furnished to the Florida Surplus Lines Service Office under the Surplus Lines Law if disclosure of such information would reveal information specific to a particular policy or policyholder.Â S. Banking and Insurance

S. Governmental Oversight Committee: Reported favorably. Now in S. Rules.

SB 1844 Expunction/Non-Judicial Arrest Records: Allows for administrative expunction of non-judicial arrest records of minors or adults who are mistakenly arrested by a law enforcement agency at its own discretion, but subject to rules prescribed by the Florida Department of Law Enforcement.Â Stipulates that an application for administrative expunction must include an affidavit executed by the chief law enforcement officer verifying that the record has been reviewed and the arrest was contrary to law or a mistake.Â Further stipulates that the affidavit must include the date and time of the arrest, the name of the arresting officer, the name of the person arrested, and the crime or crimes charged.Â Similar to HB 41.Â Sen. Mike Haridopolos (R-Melbourne)

S. Judiciary Committee: Amended to incorporate the traveling amendment without substantive change; reported favorably as a committee substitute. Now on S. Calendar.

SB 1976 Exemption/Shell Bill: Expresses legislative intent to revise laws relating to public records.Â Sen. Rudy Garcia (R-Hialeah)

S. Banking and Insurance Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1976 creates a public record exemption for the following records of the Worker's Compensation Joint Underwriting Association: (1) underwriting files; (2) claims files until termination of all litigation and the settlement of all claims arising out of the same accident; (3) medical records that are a part of a claims file; (4) records obtained or generated by an auditor until the audit is complete; (5) attorney-client communications; (6) proprietary information; (7) information relating to the medical condition or status of an employee which is not relevant to the employee's job performance; (8) records of an employee's participation in a employee assistance program; (9) information relating to negotiations for financing, reinsurance, or contractual services until conclusion of the negotiations; (10) minutes of closed meetings; (11) reports regarding suspected fraud or other criminal activity until an investigation into such reports is closed or no longer active; and (12) information from the Department of Revenue regarding payroll information and client lists of employee leasing companies. Allows access under certain specified conditions. Also exempts portions of JUA meetings at which exempt records or information is discussed. Requires that such exempt meetings be recorded and transcribed, and that the record contain the times of commencement and termination of the meeting, all discussion and proceedings, the names of all persons present at any time, and the names of all persons speaking. Transcripts of closed meetings must be maintained for a minimum of 5 years. Now in S. Governmental Oversight. ???

S. Governmental Oversight Committee: A strike all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 2076 Exemption/S. Florida Regional Transportation Authority: Creates a public record exemption for appraisal reports, offers, and counteroffers relating to land acquisition by the South Florida Regional Transportation Authority until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the authority.Â Allows disclosure under certain, specified conditions. Similar to HB 1117.Â Sen. Steven Geller (D-Hallandale Beach)

S. Transportation Committee: Reported favorably. Now in S. Community Affairs.

SB 2082 Exemption/High School Drug Tests: Creates a public record exemption for the results of random drug tests of high school athletes.Â Similar to HB 1005.Â Sen. Durell Peaden (R-Crestview)

S. Education Committee: Reported favorably. Now in S. Health Care.

CS/SB 2366 Exempt Information/Court Records: Extends the deadline by which clerks of court must affirmatively redact social security numbers and bank account and credit card numbers from court records until January 1, 2009, stipulating that the clerk of court cannot be held liable for the inadvertent release of such information filed in a court record prior to the deadline.Â Deletes the requirement that clerks of court redact such information in official records, but stipulates that if the clerk accepts or stores official records in an electronic format, the clerk must use "best efforts" to redact such information. Similar to HB 1563.Â Sen. Nancy Argenziano (R-Crystal River)

S. Governmental Oversight Committee: A strike all amendment conforming the bill to its House companion, CS/HB 1563, is adopted; reported favorably as a committee substitute. As amended, CS/SB 2366 extends the deadline by which clerks of court must affirmatively redact social security numbers and bank account and credit card numbers from court records until January 1, 2008, stipulating that the clerk of court cannot be held liable for the inadvertent release of such information filed in a court record prior to the deadline. Stipulates that if the clerk accepts or stores official records in an electronic format, the clerk must use "best efforts" to redact such information, and that use of redaction software shall be deemed best effort. Also stipulates that the clerk cannot be held liable for the inadvertent release of such information filed in an official record prior to the deadline. Finally, requires automatic redaction of social security numbers and bank and credit card numbers from official records and court records after January 1, 2008. Now in S. Justice Appropriations.

CS/SB 2656Â Exemption/Florida Opportunity Fund: Creates a public record exemption for trade secret held by the Florida Opportunity Fund and the Florida Opportunity Fund Management Corporation.Â Also exempts tax identification numbers, social security numbers, analyses of gross receipts, the amount of taxes paid, the amount of capital investment, the amount of employee wages paid, and the detailed documentation to substantiate performance information included in portfolio data on specific companies within the portfolios of venture capital funds receiving investments from the Florida Opportunity Fund.Â Similar to HB 1469.Â Â Sen. Jeff Atwater (R-North Palm Beach)

S. Governmental Oversight Committee: A strike all amendment conforming the bill to its House companion, CS/CS/HB 1469, is adopted; reported favorably as a committee substitute. As amended, CS/CS/SB 2656 creates a public record exemption for proprietary confidential business information concerning alternative investments of the Florida Opportunity Fund. Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information. Allows access by court order and a showing of good cause. Now in S. Rules.

House: Passed the House, 117/1 (Rep. Dudley Goodlette voting no). Now in S. Messages.

House: Passed unanimously. Now in S. Messages.

House: Passed the House 117/3 (Reps. Mike Davis, Dudley Goodlette, and Randy Johnson voting no). Now in S. Messages.

HB 7053 Nursing Home Consumer Information: Allows the Agency for Health Care Administration to provide electronic access to nursing home inspection reports as a substitute for sending copies of such reports.Â Also decreases the number of months from 45 to 30 for which reported information must be provided to consumers and requires AHCA to publish the Nursing Home Guide which must contain certain, specified information.Â Similar to SB 1284.Â H. Elder & Long-Term Care

H. Health and Families Council: An amendment stipulating that the Nursing Home Guide contain information about available alternatives to nursing homes and how to obtain additional information regarding such alternatives is adopted; reported favorably as a committee substitute. Now on H. Calendar.

House: Passed unanimously. Now in S. Messages.

House: Passed unanimously. Now in S. Messages.

House: Passed unanimously. Now in S. Messages.

House: Passed the House 93/25. Now in S. Messages.

H. Commerce Council: Reported favorably. Now in H. Commerce.

p CS/HB 7161 Exemption/State Board of Administration: Creates a public record exemption for proprietary confidential business information concerning alternative investments of the State Board of Administration.Â Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information. Â Allows access by court order and a showing of good cause.Â Similar to SB 1308.Â H. Governmental Operations

House: Passed the House unanimously.

Senate: Substituted for SB 1308. Passed the Senate unanimously. PASSED THE LEGISLATURE.

H. State Administration Council: Reported favorably. Now on H. Calendar.

2006 LEGISLATIVE REPORT FOR PERIOD ENDING APRIL 28

2006 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 28

p CS/HB 41 Expunction/Non-Judicial Arrest Records: Allows for administrative expunction of non-judicial arrest records of minors or adults who are mistakenly arrested by a law enforcement agency at its own discretion, but subject to rules prescribed by the Florida Department of Law Enforcement.Â Stipulates that an application for administrative expunction must include an affidavit executed by the chief law enforcement officer verifying that the record has been reviewed and the arrest was contrary to law or a mistake.Â In addition, the affidavit must include the date and time of the arrest, the name of the arresting officer and the person arrested, and the crime charged.Â Similar to SB 1844.Â Rep. Charles Dean (R-Inverness)

Senate: Substituted for CS/SB 1844. Passed the Senate unanimously. PASSED THE LEGISLATURE.

H. Health and Families Council: Reported favorably. Now on H. Calendar.

CS/SB 514 OGSR/Identifying Information - Elderly Affairs: Reenacts with minor modification the exemption in s. 430.105, F.S., for personal identifying information in records relating to an individual's health or eligibility for or receipt of health-related, elder care, or long-term care services held by the Department of Elderly Affairs.Â Similar to HB 7043.Â S. Health Care

Senate: Tabled; HB 7043 substituted. See HB 7043.

CS/SB 516 OGSR/Medicaid Pharmaceutical Rebates: Reenacts and amends the exemption in s. 409.91196, F.S., for the rebate amount, percent of rebate, manufacturer's pricing, supplemental rebate, and other trade secrets specifically identified by the agency for use in negotiations held by AHCA.Â Also exempts portions of meetings of the Medicaid Pharmaceutical and Therapeutics Committee at which such information is discussed.Â As amended, requires that a record be made of the closed portions of meetings, stipulating that such record must include the times of commencement and termination, all discussions and proceedings, and the names of all persons present and the names of all persons speaking at any time.Â Similar to HB 7045Â S. Health Care

Senate: Tabled; HB 7045 substituted. See HB 7045.

CS/HB 605 Exemption/Home Addresses - DJJ Employees: Creates a public record exemption exemption for the home addresses, telephone numbers, and photographs of certain active or former DJJ employees, the home addresses, telephone numbers, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children.Â Similar to SB 1320.Â Rep. J.C. Planas (R-Miami)

House: Passed the House 89/27. Now in S. Messages.

CS/SB 696 OGSR/Security System Plans: Reenacts without modification the public record exemption in s. 119.071(3), F.S., for security system plans for property owned by or leased to the state or any privately owned or leased property held by a government agency.Â Also reenacts without modification the meetings exemption in s. 286.0113, F.S., for portions of meetings which would reveal such plans.Â Similar to HB 7033.Â S. Domestic Security

Senate: Tabled; HB 7033 substituted. See HB 7033.

CS/SB 698 OGSR/Pharmaceutical Caches: Reenacts without modification the public record exemption in s. 381.95, F.S., for information identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state's plan to defend against an act of terrorism.Â Stipulates that the Governor's certification of the sufficiency of any location, pharmaceutical cache, contents, capabilities, etc., is a public record.Â Similar to HB 7023.Â S. Domestic Security

Senate: Tabled; HB 7023 substituted. See HB 7023.

Senate: Tabled; HB 7025 substituted. See HB 7025.

SB 710 OGSR/Interference with Custody: Reenacts and amends the public record exemption in s. 787.03, F.S., for the name, address, and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody.Â As amended, CS/SB 710 exempts the current address and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody.Â Â Â Allows access by other government agencies for the purpose of official business.Â Similar to HB 7113.Â S. Judiciary

Senate: A minor conforming amendment is adopted. Tabled; HB 7113 substituted. See HB 7113.

SB 734 OGSR/Economic Development Agencies: Reenacts with minor modification the public record exemption in s. 288.075, F.S., for records held by an economic development agency concerning plans, intentions, or interests of a private corporation or person to locate, relocate, or expand its business activities in Florida if the corporation or person requests confidentiality in writing.Â Exempts trade secrets provided by the corporation or person for a period of 10 years.Â Stipulates that such records become public 24 months after the request for confidentiality is received or until the information is otherwise disclosed, whichever occurs first.Â Also stipulates that the period of confidentiality can be extended for an additional 12 months upon written request.Â Similar to HB 7017.Â S. Commerce

S. Governmental Oversight Committee: An amendment stipulating that the records become public 12 months after the request for confidentiality is received or until the information is otherwise disclosed is adopted; reported favorably as a committee substitute. Now in S. Rules.

CS/SB 1036 OGSR/Archaeological Sites: Reenacts with minor modification the public record exemption in s. 267.135, F.S., for any information identifying the location of an archaeological site held by the Division of Historical Resources of the Department of State.Â Similar to HB 7015.Â S. Governmental Oversight

Senate: Tabled; HB 7015 substituted. See HB 7015.

CS/SB 1038 OGSR/Software Copyright: Reenacts with minor modifications s. 119.084, F.S., authorizing copyright of agency-produced software.Â Similar to HB 7013.Â S. Governmental Oversight

Senate: Tabled; HB 7013 substituted. Seen HB 7013.

CS/SB 1078 OGSR/Child Support Services: Reenacts without modification the public record exemption in s. 61.1827, F.S., for any information that would reveal the identity of applicants for or recipients of child support services, including the name, address, and telephone number of such persons, in the possession of a non-Title IV-D county child support enforcement agency.Â Similar to HB 7007.Â S. Children & Families

Senate: Tabled; HB 7007 substituted. See HB 7007.

HB 1097 Public Records/Inspection & Copying: Stipulates that an agency head who appoints a designee to act as a custodian of public records must provide notice to the public of the designation.Â Stipulates that the notice must contain the name and title of the designee, the designee's e-mail address, and office telephone number and mailing address, and that such the notice must be prominently posted in portions of agency offices accessible to the public and on the home page of the agency's website.Â Also stipulates that other agency employees cannot deny the existence of a public record or mislead anyone as to the existence of a public record.Â Finally, stipulates that a public record custodian or designee must respond to public record requests promptly and in good faith, and that such persons must be available to respond to public record requests during agency's regular business hours.Â Defines "good-faith response" as "making reasonable efforts to determine from other officers or employees whether such a record exists and, if so, the location at which the record can be accessed." Similar to SB 2714.Â Rep. Shelley Vana (D-West Palm Beach)

H. State Administration Council: Reported favorably. Now on H. Calendar.

CS/HB 1117 Exemption/S. Florida Regional Transportation Authority: Creates a public record exemption for appraisal reports, offers, and counteroffers relating to land acquisition by the South Florida Regional Transportation Authority until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the authority.Â Allows disclosure under certain, specified conditions.Â Similar to SB 2076.Â Rep. Ron Greenstein (D-Coconut Creek)

H. State Infrastructure Council: Reported favorably. Now on H. Calendar.

CS/HB 1125 Exemption/Legislative Sunset Advisory Committee: Creates a public record exemption for agency reports submitted pursuant to law and all records, including working papers and drafts, prepared or maintained by the Legislative Sunset Advisory Committee.Â Stipulates that the exemption expires six months after the report is presented, or if the report or records are given to any person other than a member of the committee, or to employees or members of the Legislature.Â Also exempts records that are otherwise confidential or exempt which are received by the committee in performance of its duties.Â Similar to SB 2462.Â Rep. Ray Sansom (R-Fort Walton Beach)

H. State Administration Council: A strike all amendment is adopted; reported favorably as a committee substitute by a vote of 7/2 (Reps. Mary Brandenburg and Audrey Gibson voting no). As amended, CS/CS/HB 1125 creates a public record exemption for working papers, including all documentary or other information, prepared or maintained by the committee in conducting an evaluation and preparing a report. Also exempts records obtained by the committee that are otherwise exempt from disclosure. Now on H. Calendar.

CS/SB 1136 Exemption/Innovation Incentive Program: As amended, CS/SB 1136 expands the public record exemption under s. 288.1067, F.S., to create a public record exemption for the federal identification number, unemployment compensation account number, and Florida sales tax registration number; trade secrets; the percentage of sales occurring outside the state and the percentage of gross receipts derived from Department of Defense contracts; anticipated wages for the project jobs that the business plans to create; the average wage actually paid for jobs created by the project; proprietary information regarding capital investment in eligible buildings and equipment;Â and the amount of various, stipulated taxes paid related to the Innovation Incentive Program.Â Similar to HB 1285.Â Sen. Jim King (R-Jacksonville)

S. Governmental Oversight Committee: Reported favorably. Now in S. Rules.

S. Community Affairs Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1190 amends s. 155.40, F.S., to stipulate that, unless otherwise expressly stated in the sale documents, the sale of a public hospital to a private purchaser shall not be construed as (1) a transfer of governmental function to the private purchaser; (2) constituting a financial interest of the public seller in the private purchaser; or (3) making a private purchaser an integral part of the public seller's decision-making process. Stipulates that the purchaser of a public hospital operating after the sale of the hospital is not "acting on behalf of" the seller nor is the purchaser to be considered an "agency" under Florida's open government laws unless the sale document expressly provides to the contrary. Now on S. Calendar.

CS/SB 1320 Exemption/Home Addresses - DJJ Employees: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of certain active or former DJJ employees, the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children. Stipulates that the exemption applies only if the employee provides a written statement that the employee has made reasonable efforts to protect such information from being accessible through other sources available to the public.Â Â Similar to HB 605.Â Sen. Victor Crist (R-Tampa)

S. Governmental Oversight Committee: A strike all amendment deleting the require that an employee make reasonable efforts to protect the information in other publicly-available sources is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 1346 False Light/Defamation Actions: Stipulates that a person may not be held liable for publishing information concerning an individual which places that individual in a false light unless (1) the published information is false; (2) the false information places the individual in a false light highly offensive to a reasonable person; (3) the person publishing the information knew the information was false or acted with reckless disregard as to its falsity; and (4) the person publishing the information acted knowingly or in reckless disregard as to the false light in which the individual would be placed.Â Â Stipulates that a publication which is privileged or otherwise protected from liability under the common law of defamation, the First Amendment or s. 4, Art. I, Fla. Con., is not subject to liability.Â Stipulates that any action must be brought within two years after publication.Â Applies retroactively.Â Similar to HB 1323.Â Sen. Rod Smith (D-Gainesville)

S. Judiciary Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1346 stipulates that a person who publishes information placing another person in a false light is subject to liability for invasion of privacy if (1) the false light is highly offensive to a reasonable person; and (2) the person publishing the information knew or acted in reckless disregard as to the falsity of the published information and the false light in which the other person would be placed. Provides a two-year statute of limitations. Now in S. Rules.

CS/HB 1369 Exemption/Rejected Bids, Proposals or Negotiations: Creates a public record exemption for rejected bids or proposals submitted in response to invitations to bid or requests for proposals if the agency concurrently provides notice of its intent to reopen such invitations or requests.Â Stipulates that the records remain exempt until notice of a decision or intended decision is provide or the agency withdraws the reopened invitation to bid or request for proposals.Â Also creates an exemption for competitive sealed replies in response to invitations to negotiate until such time as an agency provides notice of a decision or intended decision or until 20 days after the final competitive sealed replies are opened, whichever is earlier.Â Stipulates that if an agency rejects all competitive sealed replies and concurrently reissues the invitation to negotiate within 90 days of such notice to reissue, the rejected replies remain exempt until such time as the agency provides notice of a decision or intended decision concerning the reissued invitation to negotiate.Â In any event, a competitive sealed reply will not be exempt for more than 12 months after the initial agency notice rejecting all replies.Â Also creates an exemption for a meeting at which a negotiation with a vendor is conducted, stipulating that a complete recording of such meetings must be made.Â The recording becomes public once the agency provides notice of a decision or intended decision or until 20 days after the competitive sealed replies are opened, whichever is earlier.Â Similar to SB 2316.Â Rep. Greg Evers (R-Milton)

H. State Administration Council: Reported favorably. Now on H. Calendar.

Senate: A technical clarifying amendment is adopted.

HB 1451 Exemption/Florida Center for Brain Tumor Research: Creates a public record exemption for an individual's medical record and any information received from an individual from another state or the federal government which is otherwise exempt held by the Florida Center for Brain Tumor Research.Â Similar to SB 2564.Â Â Rep. Anne Gannon (R-Delray Beach)

House: Passed unanimously. Now in S. Messages.

Senate: Tabled; HB 7047 substituted. See HB 7047.

CS/HB 1563 Exempt Information/Court Records: Extends the deadline by which clerks of court must affirmatively redact social security numbers and bank account and credit card numbers from court records until January 1, 2008, stipulating that the clerk of court cannot be held liable for the inadvertent release of such information filed in a court record prior to the deadline.Â Stipulates that if the clerk accepts or stores official records in an electronic format, the clerk must use "best efforts" to redact such information, and that use of redaction software shall be deemed best effort.Â Also stipulates that the clerk cannot be held liable for the inadvertent release of such information filed in an official record prior to the deadline.Â Finally, requires automatic redaction of social security numbers and bank and credit card numbers from official records and court records after January 1, 2008.Â Â Similar to SB 2366.Â Rep. Will Kendrick (D-Carrabelle)

H. State Administration Council: Reported favorably. Now on H. Calendar.

CS/SB 1680 Public Documents: In pertinent part, requires all state government officials and agencies to furnish a list of documents issued during the year to the Division of Library and Information Services, Department of State.Â Also requires government agencies to purge publication mailing lists every other year and to disclose whether agency publications are available on-line and allow recipients to determine whether they'd prefer receiving a hard copy of the publication or a copy in an electronic format.Â S. Government Efficiency Appropriations WATCH

Senate: Passed unanimously. Now in H. Messages.

S. Judiciary Committee: Three technical amendments adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

CS/SB 1844 Expunction/Non-Judicial Arrest Records: Allows for administrative expunction of non-judicial arrest records of minors or adults who are mistakenly arrested by a law enforcement agency at its own discretion, but subject to rules prescribed by the Florida Department of Law Enforcement.Â Stipulates that an application for administrative expunction must include an affidavit executed by the chief law enforcement officer verifying that the record has been reviewed and the arrest was contrary to law or a mistake.Â Further stipulates that the affidavit must include the date and time of the arrest, the name of the arresting officer, the name of the person arrested, and the crime or crimes charged.Â Similar to HB 41.Â Sen. Mike Haridopolos (R-Melbourne)

Senate: Tabled; CS/HB 41 substituted. See CS/HB 41.

S. Community Affairs Committee: Reported favorably. Now in S. Governmental Oversight.

SB 2082 Exemption/High School Drug Tests: Creates a public record exemption for the results of random drug tests of high school athletes.Â Also exempts meetings at which the results of a student's drug test are challenged.Â Similar to HB 1005.Â Sen. Durrell Peaden (R-Crestview)

S. Health Care Committee: A strike all amendment deleting the public record exemption is adopted; reported favorably as a committee substitute. Now in S. Judiciary.

SB 2292 Exemption/Fingerprint ID Information: Creates a public record exemption for fingerprint identification information held by an agency.Â Defines "fingerprint identification information" as any record of "friction ridge detail, including but not limited to, fingerprints, palm prints, and footprints, in whatever form or medium recorded." Similar to HB 1001. Sen. Mike Fasano (R-New Port Richey)

S. Criminal Justice Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 2292 creates a public record exemption for biometric identification information held by an agency. "Biometric identification information" is defined as any record of friction ridge detail, fingerprints, palm prints, and footprints. Applies retroactively. Now in S. Governmental Oversight.

SB 2564 Exemption/Florida Center for Brain Tumor Research: Creates a public record exemption for an individual's medical record and any information received from an individual from another state or the federal government which is otherwise exempt held by the Florida Center for Brain Tumor Research.Â Similar to HB 1451.Â Sen. Jeff Atwater (R-North Palm Beach)

S. Health Care Committee: Two technical amendments adopted; reported favorably with two amendments. Now in S. Commerce.

S. Governmental Oversight Committee: A minor technical amendment is adopted; reported favorably as a committee substitute. Now in S. Rules.

CS/SB 2714 Public Records/Inspection & Copying: Stipulates that an agency head who appoints a designee to act as a custodian of public records must provided notice to the public of the designation.Â Stipulates that the notice must contain the name and title of the designee, the designee's e-mail address, and office telephone number and mailing address, and that such the notice must be prominently posted in portions of agency offices accessible to the public and on the home page of the agency's website.Â Also stipulates that other agency employees cannot deny the existence of a public record or mislead anyone as to the existence of a public record.Â Finally, stipulates that a public record custodian or designee must respond to public record requests promptly and in good faith, and that such persons must be available to respond to public record requests during agency's regular business hours. Â Defines "good-faith response" as "making reasonable efforts to determine from other officers or employees whether such a record exists and, if so, the location at which the record can be accessed."Â Similar to HB 1097.Â Sen. Ron Klein (D-Delray Beach)

S. Judiciary Committee: Reported favorably. Now on S. Calendar.

p HB 7007 OGSR/Child Support Services: Reenacts without modification the public record exemption in s. 61.1827, F.S., for any information that would reveal the identity of applicants for or recipients of child support services, including the name, address, and telephone number of such persons, in the possession of a non-Title IV-D county child support enforcement agency.Â Similar to SB 1078.Â H. Governmental Operations

Senate: Substituted for CS/SB 1078. Passed the Senate unanimously. PASSED THE LEGISLATURE.

p HB 7013 OGSR/Software Copyright: Reenacts with minor modifications s. 119.084, F.S., authorizing copyright of agency-produced software.Â Similar to SB 1038.Â H. Governmental Operations

Senate: Substituted for CS/SB 1038. Passed the Senate unanimously. PASSED THE LEGISLATURE.

p HB 7015 OGSR/Archaeological Sites: Reenacts with minor modification the public record exemption in s. 267.135, F.S., for any information identifying the location of an archaeological site held by the Division of Historical Resources of the Department of State.Â Similar to SB 1036.Â H. Governmental Operations

Senate: Substituted for CS/SB 1036. Passed the Senate unanimously. PASSED THE LEGISLATURE.

p HB 7023 OGSR/Pharmaceutical Caches: Reenacts with minor modification the public record exemption in s. 381.95, F.S., for information identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state's plan to defend against an act of terrorism.Â Stipulates that the Governor's certification of the sufficiency of any location, pharmaceutical cache, contents, capabilities, etc., is a public record.Â Similar to SB 698.Â H. Governmental Oversight

Senate: Substituted for CS/SB 698. Passed the Senate unanimously. PASSED THE LEGISLATURE.

p HB 7025 OGSR/Hospital Emergency Management Plans: Reenacts with minor modification the public record exemption is s. 395.1056, F.S., for those portions of a comprehensive emergency management plan with address the response of a public or private hospital to an act of terrorism.Â Also reenacts the meetings exemption for portions of meetings during which such plans are discussed.Â Similar to SB 700.Â H. Governmental Oversight

Senate: Substituted for CS/SB 700. Passed the Senate unanimously. PASSED THE LEGISLATURE.

p HB 7033 OGSR/Security System Plans: Reenacts with minor, technical modifications the public record exemption in s. 119.071(3), F.S., for security system plans for property owned by or leased to the state or any privately owned or leased property held by a government agency. Â Also reenacts with minor technical modifications the meetings exemption in s. 286.0113, F.S., for portions of meetings which would reveal such plans.Â Similar to SB 696.Â H. Governmental Operations

Senate: Substituted for CS/SB 696. Passed the Senate unanimously. PASSED THE LEGISLATURE.

p HB 7043 OGSR/Identifying Information - Elderly Affairs: Reenacts with minor modification the exemption in s. 430.105, F.S., for personal identifying information in records relating to an individual's health or eligibility for or receipt of health-related, elder care, or long-term care services held by the Department of Elderly Affairs.Â Similar to SB 514.Â H. Governmental Operations

Senate: Substituted for CS/SB 514. Passed the Senate unanimously. PASSED THE LEGISLATURE.

p CS/HB 7045 OGSR/Medicaid Pharmaceutical Rebates: Reenacts and amends the exemption in s. 409.91196, F.S., for the rebate amount, percent of rebate, manufacturer's pricing, and supplemental rebate held by the Agency for Health Care Administration pursuant to the Medicaid prescription drug program.Â Also exempts portions of meeting of the Medicaid Pharmaceutical and Therapeutics Committee at which such information is discussed.Â As amended, requires that a record be made of the closed portions of meetings, stipulating that such record must include the times of commencement and termination, all discussions and proceedings, and the names of all persons speaking.Â Similar to SB 516.Â Â H. Governmental Operations

Senate: Substituted for CS/SB 516. Passed the Senate unanimously. PASSED THE LEGISLATURE.

CS/HB 7091 Electronic Recording/Property Records: Creates the "Uniform Real Property Electronic Recording Act,"Â allowing a county recorder to receive, index, store, archive, and transmit electronic documents.Â Also allows the county recorder to provide access to, search, and retrieve documents by electronic means.Â Finally, creates the Electronic Recording Advisory Council within the Department of State.Â Similar to SB 2106.Â H. Civil Justice WATCH

House: Passed the House unanimously. Now in S. Messages.

p HB 7113 OGSR/Interference with Custody: Reenacts and amends the public record exemption in s. 787.03, F.S., for the name, address, and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody.Â As amended, the current address and telephone number of the person who takes the child and the minor are exempt from disclosure until the sheriff or state attorney completes an investigation and determines that releasing the information would not jeopardize the safety of the person or minor.Â Allows access by other government agencies for the purpose of official business.Â Similar to SB 710.Â H. Governmental Operations

Senate: Substituted for CS/SB 710. Passed the Senate unanimously. PASSED THE LEGISLATURE.

HB 7223 OGSR/Identifying Information - DOH: Reenacts and amends the exemption in s. 119.0712, F.S., for all personal identifying information contained in records relating to an individual's personal health or eligibility for health-related services held by DOH to exempt all medical or health records held by an agency.Â Similar to SB 512.Â H. Governmental Oversight

H. State Administration Council: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 7223 reenacts and slightly narrows the exemption in s. 119.0712, F.S., for all personal identifying information contained in records relating to an individual's personal health or eligibility for health-related services held by DOH. Now on H. Calendar

2006 LEGISLATIVE REPORT FOR PERIOD ENDING MAY 5

2006 LEGISLATIVE REPORT
FOR PERIOD ENDING MAY 5

What follows is a list of all the bills we tracked during the 2006 Legislative Session, and the final action on each bill.Â You will find a description of each bill that passed the 2006 Legislature starting on page 9.

Final Action/Open Government Bills

2006 Legislative Session

CS/HB 41 and CSSB 1844, Expunction/Arrest Records

Rep. Charlie Dean (R-Inverness); Sen. Mike Haridopolos (R-Melbourne)

CS/HB 41 PASSED the Legislature; CS/SB 1844 was tabled. See CS/HB 41.

CS/SB 176 and CS/HB 943, Controlled Substances

Sen. Burt Saunders (R-Naples); Rep. Gayle Harrell (R-Port St. Lucie)

CS/SB 176 died in committee; CS/HB 943 died in committee.

HB 193 and SB 358, Exemption/Court Monitors Court Monitors

Rep. Ellyn Bogdanoff (R-Ft. Lauderdale); Sen. Skip Campbell (D-Tamarac)

HB 193 PASSED the Legislature; SB 358 was tabled. See HB 193.

SB 326, Pornographic Materials

Sen. Gary Siplin (D-Orlando)

Died in committee.

HB 379 and SB 1382 Home Addresses - Paramedics

Rep. Hugh Gibson (R-The Villages); Sen. Carey Baker (R-Eustis)

HB 379 died in committee; SB 1382 died in committee.

SB 446 and HB 1043, Criminal Use/Personal Information

Sen. Skip Campbell (D-Tamarac); Rep. Tee Holloway (D-Miami Gardens)

SB 446 died in committee; HB 1043 died in committee.

HB 459 and CS/SB 474, Exemption/Donors - Guardianship Office

Rep. Franklin Sands (D-Weston); Sen. Burt Saunders (R-Naples)

HB 459 PASSED the Legislature; CS/SB 474 was tabled. See HB 459.

CS/SB 510 and HB 7027, OGSR/Nursing Homes

S. Health Care Committee; H. Governmental Operations Committee

CS/SB 510 was tabled; HB 7027 PASSED the Legislature. See HB 7027.

SB 512 and CS/HB 7223, OGSR/Personal Information - DOH

S. Health Care Committee; H. Governmental Operations Committee

SB 512 PASSED the Legislature; CS/HB 7223 was tabled. See SB 512.

CS/SB 514 and HB 7043, OGSR/Elderly Affairs

S. Health Care Committee; H. Governmental Operations Committee

CS/SB 514 tabled; HB 7043 PASSED the Legislature. See HB 7043.

CS/SB 516 and CS/HB 7045, OGSR/Medicaid Rebates

S. Health Care Committee; H. Governmental Operations Committee

CS/SB 516 tabled; CS/HB 7045 PASSED the Legislature. See CS/HB 7045.

SB 592, CS/SB 1052 and HB 7115, OGSR/Autopsy Photographs

S. Criminal Justice Committee; H. Governmental Operations Committee

SB 592 died in committee; CS/SB 1052 was tabled; HB 7115 PASSED the Legislature. See HB 7115.

CS/HB 605 and CS/SB 1320 Home Addresses - DJJ Personnel

Rep. J.C.Â Planas (R-Miami);Â Sen. Victor Crist (R-Tampa)

CS/HB 605 PASSED the Legislature; CS/SB 1320 was tabled.

CS/SB 662 and HB 7009, OGSR/Home Addresses - Human Resources Personnel

S. Community Affairs Committee; H. Governmental Operations Committee

CS/SB 662 was tabled; HB 7009 PASSED the Legislature. See HB 7009.

CS/SB 664 and HB 7011, OGSR/Home Addresses - Code Enforcement Officers

S. Community Affairs Committee; H. Governmental Operations Committee

CS/SB 664 was tabled; HB 7011 PASSED the Legislature. See HB 7011.

CS/HB 675 and CS/SB 1190, Public Hospitals/Sale or Lease

Rep. Joe Pickens (R-Palatka); Sen. Jeff Atwater (R-North Palm Beach)

CS/HB 675 was tabled; CS/SB 1190 PASSED the Legislature. See CS/SB 1190.

CS/HB 687 and CS/SB 1162, Exemption/Identifying Information - Concealed Weapon Permits Rep. Sandy Adams (R-Oviedo); Sen. Mike Haridopolos (R-Melbourne)

CS/HB 687 PASSED the Legislature; CS/SB 1162 was tabled. See CS/HB 687.

CS/SB 696 and HB 7033, OGSR/Security System Plans

S. Domestic Security Committee; H. Governmental Operations Committee

CS/SB 696 was tabled; HB 7033 PASSED the Legislature. See HB 7033.

CS/SB 698 and HB 7023, OGSR/Pharmaceutical Caches

S. Domestic Security Committee; H. Governmental Operations Committee

CS/SB 698 was tabled; HB 7023 PASSED the Legislature. See HB 7023.

CS/SB 700 and HB 7025, OGSR/Hospital Emergency Management Plans

S. Domestic Security Committee; H. Governmental Operations Committee

CS/SB 700 was tabled; HB 7025 PASSED the Legislature. See HB 7025.

SB 710 and HB 7113, OGSR/Interference with Custody

S. Judiciary Committee; H. Governmental Operations Committee

CS/SB 710 was tabled; HB 7113 PASSED the Legislature. See HB 7113.

CS/SB 712 and HB 7035, OGSR/Identifying Information - Crash Reports

S. Transportation Committee; H. Governmental Operations Committee

CS/SB 712 died in committee; HB 7035 PASSED the Legislature. See HB 7035.

CS/HB 719 and SB 1276, Criminal Records

Rep. J.C. Planas (R-Miami); Sen. Nan Rich (R-Sunrise)

CS/HB 719 died in committee; SB 1276 died in committee.

CS/SB 734 and CS/HB 7017, OGSR/Economic Development Agencies

S. Commerce Committee; H. Governmental Operations

CS/SB 734 was tabled; CS/HB 7017 PASSED the Legislature. See CS/HB 7017.

CS/SB 736 and HB 7059, OGSR/Workforce Florida

S. Commerce Committee; H. Governmental Operations

CS/SB 736 was tabled; HB 7059 PASSED the Legislature. See HB 7059.

HB 787 and SB 1712, Exemption/Home Parcel Identification Numbers

Rep. Jennifer Carroll (R-Jacksonville); Sen. Steve Wise (R-Jacksonville)

HB 787 died in committee; SB 1712 died in committee.

CS/SB 792 and CS/HB 7233, OGSR/Communications Services Tax

S. Government Efficiency Committee; H. Governmental Operations Committee

CS/SB 792 PASSED the Legislature; CS/HB 7233 was tabled. See CS/SB 792.

SB 916, Exemption/Shell Bill

Sen. Durrell Peaden (R- Crestview)

Died in committee.

CS/HB 1001 and CS/SB 2292, Exemption/Biometric Identifying Information

Rep. Sandy Adams (R-Oviedo); Sen. Mike Fasano (R-New Port Richey)

CS/HB 1001 PASSED the Legislature; CS/SB 2292 was tabled. See CS/HB 1001.

HB 1005 and CS/SB 2082, Exemption/School Drug Tests

Rep. Marcelo Llorente (R-Miami); Sen. Durell Peaden (R-Crestview)

HB 1005 died in committee; CS/SB 2082 died in committee.

CS/SB 1036 and HB 7015, OGSR/Archaeological Sites

S. Governmental Oversight Committee; H. Governmental Operations Committee

CS/SB 1036 was tabled; HB 7015 PASSED the Legislature. See HB 7015.

CS/SB 1038 and HB 7013, OGSR/Software Copyright

S. Governmental Oversight Committee; H. Governmental Operations Committee

CS/SB 1038 was tabled; HB 7013 PASSED the Legislature. See HB 7013.

CS/SB 1078 and HB 7007, OGSR/Child Support Services

S. Children & Families Committee; H. Governmental Operations Committee

CS/SB 1078 was tabled; HB 7007 PASSED the Legislature. See HB 7007.

CS/HB 1097 and CS/SB 2714, Custodian -Â Public Records

Rep. Shelley Vana (D-West Palm Beach); Sen. Ron Klein (D-Delray Beach)

CS/HB 1097 PASSED the Legislature; CS/SB 2714 was tabled. See CS/HB 1097.

HB 1103, Exemption/Job Openings

Rep. Pat Patterson (R-DeLand)

Died in committee.

CS/HB 1117 and SB 2076, Exemption/S. Florida Regional Transportation Authority

Rep. Ron Greenstein (D-Coconut Creek); Sen. Steven Geller (D-Hallandale Beach)

CS/HB 1117 PASSED the Legislature; SB 2076 was tabled. See SB 2076.

CS/HB 1125 and SB 2462, Exemption/Legislative Sunset Advisory Committee

Rep. Ray Sansom (R-Fort Walton Beach); Sen. Bill Posey (R-Rockledge)

CS/HB 1125 passed the House and died in S. committee; SB 2462 died in committee.

CS/SB 1136 and CS/HB 1285, Exemption/Innovation Incentive Program

Sen. Jim King (R-Jacksonville); Rep. Frank Attkisson (R-Kissimmee)

CS/SB 1136 was tabled; CS/HB 1285 PASSED the Legislature. See CS/HB 1285.

CS/SB 1212 and HB 7209, OGSR/Agricultural Records

S. AgricultureÂ Committee; H. Governmental Operations Committee

CS/SB 1212 PASSED the Legislature; HB 7209 was tabled. See CS/SB 1212.

SB 1250, Social Security Numbers

Sen. Gwen Margolis (D-Bay Harbor Island)

Withdrawn from consideration.

HB 1279 and SB 2306, Exemption/HMO Risk-Based Capital Reports

Rep. Adam Hasner (R-Delray Beach); Sen. Jeff Atwater (R-North Palm Beach)

HB 1279 died in committee; SB 2306 died in committee.

SB 1284 and HB 7053, Nursing Home Information

SB 1284 PASSED the Legislature; HB 7053 was tabled. See SB 1284.

CS/SB 1308 and CS/HB 7161, Exemption/State Board of Administration

Sen. Rudy Garcia (R-Hialeah); H. Governmental Operations Committee

CS/SB 1308 was tabled; CS/HB 7161 PASSED the Legislature. See CS/HB 7161.

HB 1323 and CS/SB 1346,Â Free Speech/False Light

Rep. David Simmons (R-Altamonte Springs); Sen. Rod Smith (D-Gainesville)

HB 1323 died in committee; CS/SB 1346 died in committee.

HB 1329 and CS/SB 1506, Electronic Filings/Insurance

Rep. Michael Grant (R-Port Charlotte); S. Banking & Insurance Committee

HB 1329 was tabled; CS/SB 1506 PASSED the Legislature. See CS/SB 1506.

HB 1335, Special Meetings/Monroe County Commission

Rep. Ken Sorensen (R-Tavernier)

HB 1335 PASSED the Legislature. See HB 1335.

CS/HB 1369 and CS/SB 2316, Exemption/Bids & Negotiations

Rep. Greg Evers (R-Milton); Sen. Jim Sebesta (R-St. Petersburg)

CS/HB 1369 PASSED the Legislature; CS/SB 2316 was tabled. See CS/HB 1369.

HB 1401, SB 2720 and SB 2732, Voting Systems

Rep. Audrey Gibson (D-Jacksonville); Sen. Ron Klein (D-Delray Beach); Â Â Â Sen. Gary Siplin (D-Orlando)

HB 1401 died in committee; SB 2720 died in committee; SB 2732 died in committee.

SB 1406 and HB 1549, Juvenile Criminal Records

Sen. Frederica Wilson (D-Miami); Rep. Joyce Cusack (D-Deland)

SB 1406 died in committee; HB 1549 died in committee.

CS/HB 1411, Exemption/Health Information Network

Rep. Holly Benson (R-Pensacola)

Died in S. Messages.

CS/SB 1438 and HB 7243, Exempt Records

Sen. Nancy Argenziano (R-Crystal River); H. Governmental Oversight

CS/SB 1438 PASSED the Legislature; HB 7243 was tabled. See CS/SB 1438.

SB 1440, Exemption/Shell Bill

Sen. Nancy Argenziano (R-Crystal River)

Died in committee.

SB 1442, Exemption/Shell Bill

Sen. Nancy Argenziano (R-Crystal River)

Died in committee.

SB 1444, Exemption/Shell Bill

Sen. Nancy Argenziano (R-Crystal River)

Died in committee.

SB 1446, Exemption/Shell Bill

Sen. Nancy Argenziano (R-Crystal River)

Died in committee.

SB 1448, Exemption/E-mail Addresses

Sen. Gwen Margolis (D-Bay Harbor Island)

Withdrawn from consideration.

CS/HB 1451 and SB 2564, Exemption/Florida Center for Brain Tumor Research

Rep. Anne Gannon (D-Delray Beach); Sen. Jeff Atwater (R-North Palm Beach)

CS/HB 1451 PASSED the Legislature; SB 2564 was tabled. See CS/HB 1451.

CS/HB 1469 and CS/SB 2656, Exemption/Florida Opportunity Fund

Rep. Michael Grant (R-Port Charlotte); Sen. Jeff Atwater (R-North Palm Beach)

CS/HB 1469 passed the House and died in S. Messages; CS/SB 2656 died on the S. Calendar.

SB 1504, Exemption/Shell Bill - Slots

Sen. Dennis Jones (R-Seminole)

Died in committee.

HB 1507 and CS/SB 1800, Exemption/Domestic ViolenceÂ - State Agency Employees

Rep. David Mealor (R-Lake Mary); Sen. Dave Aronberg (D-Greenacres)

HB 1507 died in committee; CS/SB 1800 died in committee.

SB 1526, Exemption/Shell Bill

Sen. Evelyn Lynn (R-Ormond Beach)

Died in committee.

CS/SB 1530 and HB 7047, OGSR/Tobacco Settlement Records

S. Regulated Industries Committee; H. Governmental Operations Committee

CS/SB 1530 was tabled; HB 7047 PASSED the Legislature. See HB 7047.

HB 1539, Lobbying Report Requirements

Rep. Franklin Sands (R-Weston)

Died in committee.

CS/HB 1563 and CS/SB 2366, Court Records and Official Records

Rep. Will Kendrick (D-Carrabelle); Sen. Nancy Argenziano (R-Crystal River)

CS/HB 1563 PASSED the Legislature; CS/SB 2366 was tabled. See CS/HB 1563.

SB 1564, Exemption/Shell Bill

Sen. Evelyn Lynn (R-Ormond Beach)

Died in committee.

HB 1577 and SB 1964, Fraudulent Use/Personal Information

Rep. Mary Brandenburg (D-Palm Beach); Sen. Dave Aronberg (D-Greenacres)

HB 1577 died on the H. Calendar; SB 1964 died in committee.

CS/SB 1584 and HB 7061, OGSR/Deferred Present Providers

S. Banking & Insurance Committee; H. Governmental Operations Committee

CS/SB 1584 was tabled; HB 7061 PASSED the Legislature. See HB 7061.

CS/SB 1586 and HB 7049, OGSR/Surplus Lines Insurance

S. Banking & Insurance Committee; H. Governmental Operations Committee

CS/SB 1586 was tabled; HB 7049 PASSED the Legislature. See HB 7049.

SB 1628, Exemption/Shell - Space

Sen. Mike Fasano (R-New Port Richey

Died in committee.

SB 1898, Exemption/Crime Scene Photographs

Sen. Jim King (R- Jacksonville); Sen. Rod Smith (D-Gainesville)

Died in committee.

SB 1910, Paper Ballots

Sen. Rod Smith (D-Gainesville)

Died in committee.

CS/SB 1976, Exemption/Workers Compensation Joint Underwriters Association

Sen. Rudy Garcia (R-Hialeah)

Died in committee.

SB 2040, Exemption/Investigative Incident Reports

Sen. Ron Klein (D-Delray Beach)

Died in committee.

CS/SB 2066 and HB 7063, OGSR/Byrd Alzheimer's Center

S. Education Committee; H. Governmental Operations Committee

CS/SB 2066 was tabled; HB 7063 PASSED the Legislature. See HB 7063.

CS/SB 2116, Exemption/Traffic Citations

S. Banking & Insurance Committee

Tabled. But see HB 7035.

SB 2192, Exemption/Audit Workpapers

Sen. Al Lawson (D-Tallahassee)

Died in committee.

SB 2402, Exemption/Shell Bill

Sen. Daniel Webster (R-Winter Garden)

Died in committee.

SBÂ 2584, Exemption/Background Checks

Sen. Mike Bennett (R-Bradenton)

Died in committee.

CS/SB 2612, Exemption/Ethics Commission

Sen. Bill Posey (R-Rockledge)

Died in committee.

SB 2634, Exemption/Donor Information - Historic House Museums

Sen. Gwen Margolis (D-Bay Harbor Island)

Withdrawn from consideration.

SB 2742, Defamation

Sen. Gary Siplin (D-Orlando)

Died in committee.

SB 2746, Exemption/Florida Consumer Finance Act

Sen. Jeff Atwater (R-North Palm Beach)

Died in committee.

HB 7091, Electronic Recording/Property Records

H. Civil Justice Committee

Passed the House and died in S. Messages.

HB 7157, Anti-Phishing Act

H. Economic Development Committee

Died on the H. Calendar.

OPEN GOVERNMENT BILLS PASSED IN 2006 SESSION

1)Â Â Â Â Â Â Â CS/HB 41 Expunction/Non-Judicial Arrest Records: Allows for administrative expunction of non-judicial arrest records of minors or adults who are mistakenly arrested by a law enforcement agency at its own discretion, but subject to rules prescribed by the Florida Department of Law Enforcement.Â Stipulates that an application for administrative expunction must include an affidavit executed by the chief law enforcement officer verifying that the record has been reviewed and the arrest was contrary to law or a mistake.Â In addition, the affidavit must include the date and time of the arrest, the name of the arresting officer and the person arrested, and the crime charged.Â Similar to SB 1844.Â Rep. Charles Dean (R-Inverness) DOES NOT CREATE AN EXEMPTION

Passed both the House and Senate unanimously.

2)Â Â Â Â Â Â Â HB 193 Exemption/Court Monitors: Creates a public record exemption for a court order appointing a court monitor and the reports of such monitors relating to the medical condition, financial affairs, or mental health of a ward.Â Also creates a public record exemption for a court order appointing a court monitor on an emergency basis, and the reports of such monitors.Â Stipulates that the exemptions expire if a court makes a finding of probable cause.Â Finally, creates a public record exemption for court determinations relating to a finding of no probable cause, and court orders finding no probable cause.Â Stipulates that all such records may be subject to inspection as determined by the court.Â Similar to SB 358. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale)

Passed both the House and Senate unanimously.

3)Â Â Â Â Â Â Â HB 459 Exemption/Donors - Statewide Public Guardianship Office: Creates a public record exemption for the identity of donors or prospective donors to the Statewide Public Guardianship Office who wish to remain anonymous.Â Similar to SB 474.Â Rep. Franklin Sands (R-Weston)

Passed both the House and Senate unanimously.

4)Â Â Â Â Â Â Â SB 512 OGSR/Identifying Information - DOH: Reenacts and slightly narrows the exemption in s. 119.0712, F.S., for all personal identifying information contained in records relating to an individual's personal health or eligibility for health-related services held by DOH.Â S. Health Care

Passed both the Senate and the House unanimously.

5)Â Â Â Â Â Â Â CS/HB 605 Exemption/Home Addresses - DJJ Employees: Creates a public record exemption exemption for the home addresses, telephone numbers, and photographs of certain active or former DJJ employees, the home addresses, telephone numbers, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children.Â Similar to SB 1320.Â Rep. J.C. Planas (R-Miami)

Passed the House 89/27; passed the Senate unanimously.

6)Â Â Â Â Â Â Â CS/HB 687 Exemption/Concealed Weapons Permits: Creates a public record exemption for personal identifying information of individuals who have applied for or received concealed weapons permits.Â Allows access to the exempt informationÂ by law enforcement agencies and commercial entities provided that the information will be used to support law enforcement or national homeland security agencies.Â Also allows disclosure under certain, specified circumstances, including upon court order and a showing of good cause.Â Stipulates that the exemption applies retroactively.Â Similar to SB 1162.Â Rep. Sandy Adams (R-Oviedo)

Passed the House 83/27; passed the Senate unanimously.

7)Â Â Â Â Â Â Â CS/SB 792 OGSR/Communications Tax: Reenacts without modification the public record exemption in s. 213.053, F.S., for all information contained in returns, reports, accounts, or declarations received by the Department of Revenue relating to the communications services tax.Â S. Government Efficiency Appropriations

Passed both the Senate and the House unanimously.

8)Â Â Â Â Â Â Â CS/HB 1001 Exemption/Fingerprint ID Information: Creates a public record exemption for biometric identification information held by an agency.Â "Biometric identification information" is defined as any record of friction ridge detail, fingerprints, palm prints, and footprints.Â Applies retroactively.Â Â Similar to SB 2292.Â Rep. Sandy Adams (R-Oviedo)

Passed both the House and the Senate unanimously.

9)Â Â Â Â Â Â Â HB 1097 Public Records/Inspection & Copying: Stipulates that an agency head who appoints a designee to act as a custodian of public records must provide notice to the public of the designation.Â Stipulates that the notice must contain the name and title of the designee, the designee's e-mail address, and office telephone number and mailing address, and that such the notice must be prominently posted in portions of agency offices accessible to the public and on the home page of the agency's website.Â Also stipulates that other agency employees cannot deny the existence of a public record or mislead anyone as to the existence of a public record.Â Finally, stipulates that a public record custodian or designee must respond to public record requests promptly and in good faith, and that such persons must be available to respond to public record requests during agency's regular business hours.Â Defines "good-faith response" as "making reasonable efforts to determine from other officers or employees whether such a record exists and, if so, the location at which the record can be accessed." Similar to SB 2714.Â Rep. Shelley Vana (D-West Palm Beach) DOES NOT CREATE AN EXEMPTION

Passed the House 117/1; passed the Senate unanimously.

10)Â Â Â Â Â Â CS/HB 1117 Exemption/S. Florida Regional Transportation Authority: Creates a public record exemption for appraisal reports, offers, and counteroffers relating to land acquisition by the South Florida Regional Transportation Authority until an option contract is executed or, if no option contract is executed, until 30 days before a contract or agreement for purchase is considered for approval by the authority.Â Allows disclosure under certain, specified conditions.Â Similar to SB 2076.Â Rep. Ron Greenstein (D-Coconut Creek)

Passed both the House and the Senate unanimously.

11)Â Â Â Â Â Â SB 1190 Sale or Lease of Public Hospital: Amends s. 155.40, F.S., to stipulate that, unless otherwise expressly stated in the sale documents, the sale of a public hospital to a private purchaser shall not be construed as (1) a transfer of governmental function to the private purchaser; (2) constituting a financial interest of the public seller in the private purchaser; or (3) making a private purchaser an integral part of the public seller's decision-making process.Â Stipulates that the purchaser of a public hospital operating after the sale of the hospital is not "acting on behalf of" the seller nor is the purchaser to be considered an "agency" under Florida's open government laws unless the sale document expressly provides to the contrary.Â Contains specific requirements for the "complete sale of the public agency's interest in the hospital."Â Â Similar to HB 675.Â Sen. Jeff Atwater (R-North Palm Beach) DOES NOT CREATE AN EXEMPTION

Passed both the Senate and the House unanimously.

12)Â Â Â Â Â Â CS/SB 1212 OGSR/Agricultural Records: Reenacts without modification the public record exemption in s. 403.067, F.S., for individual agricultural records of processes, methods of production, and costs of production, profits, or other financial information which are reported to the Department of Agriculture and Consumer Services.Â S. Agriculture

Passed both the Senate and the House unanimously.

13)Â Â Â Â Â Â SB 1284 Nursing Home Consumer Information: Allows the Agency for Health Care Administration to provide electronic access to nursing home inspection reports as a substitute for sending copies of such reports.Â Also decreases the number of months from 45 to 30 for which reported information must be provided to consumers and requires AHCA to publish the Nursing Home Watch List which must contain certain, specified information.Â Similar to HB 7053.Â Sen. Mike Fasano (R-New Port Richey) DOES NOT CREATE AN EXEMPTION

. Passed both the Senate and the House unanimously.

14)Â Â Â Â Â Â CS/HB 1285 Exemption/Innovation Incentive Program: Expands the public record exemption under s. 288.1067, F.S., to create a public record exemption for the federal identification number, unemployment compensation account number, and Florida sales tax registration number; trade secrets; the percentage of sales occurring outside the state and the percentage of gross receipts derived from Department of Defense contracts; anticipated wages for the project jobs that the business plans to create; the average wage actually paid for jobs created by the project; proprietary information regarding capital investment in eligible buildings and equipment;Â and the amount of various, stipulated taxes paid related to the Innovation Incentive Program.Â Similar to CS/SB 1186.Â Rep. Frank Attkisson (R-Kissimmee)

Passed the House 81/33; passed the Senate unanimously.

15)Â Â Â Â Â Â HB 1335 Public Meetings/Monroe County: Authorizes the use of teleconferencing equipment by the Monroe County Board of County Commissioners for the purposes of establishing a quorum of board members for a special meeting.Â Stipulates that a special meeting of the board must comply with the requirements of the Sunshine Law.Â Rep. Ken Sorensen (R-Tavernier) DOES NOT CREATE AN EXEMPTION

Passed both the House and the Senate unanimously.

16)Â Â Â Â Â Â CS/HB 1369 Exemption/Rejected Bids, Proposals or Negotiations: Creates a public record exemption for rejected bids or proposals submitted in response to invitations to bid or requests for proposals if the agency concurrently provides notice of its intent to reopen such invitations or requests.Â Stipulates that the records remain exempt until notice of a decision or intended decision is provide or the agency withdraws the reopened invitation to bid or request for proposals.Â Also creates an exemption for competitive sealed replies in response to invitations to negotiate until such time as an agency provides notice of a decision or intended decision or until 20 days after the final competitive sealed replies are opened, whichever is earlier.Â Stipulates that if an agency rejects all competitive sealed replies and concurrently reissues the invitation to negotiate within 90 days of such notice to reissue, the rejected replies remain exempt until such time as the agency provides notice of a decision or intended decision concerning the reissued invitation to negotiate.Â In any event, a competitive sealed reply will not be exempt for more than 12 months after the initial agency notice rejecting all replies.Â Also creates an exemption for a meeting at which a negotiation with a vendor is conducted, stipulating that a complete recording of such meetings must be made.Â The recording becomes public once the agency provides notice of a decision or intended decision or until 20 days after the competitive sealed replies are opened, whichever is earlier.Â Similar to SB 2316.Â Rep. Greg Evers (R-Milton)

Passed both the House and the Senate unanimously.

17)Â Â Â Â Â Â CS/SB 1438 Exempt Records: Clarifies current law, stipulating that a custodian of public records cannot release a record that is confidential and exempt except as provided in statute or pursuant to a court order.Â Requires agencies receiving confidential and exempt records to retain the confidential and exempt status of such records except as otherwise provided by law.Â Allows a record custodian to require agencies receiving confidential and exempt records to acknowledge in writing certain stipulated facts.Â Finally, stipulates that the provision does not limit access to any record by an agency or entity acting on behalf of the record custodian, the Legislature, or pursuant to a court order.Â Sen. Nancy Argenziano (R-Crystal River) DOES NOT CREATE AN EXEMPTION

Passed both the Senate and the House unanimously.

18)Â Â Â Â Â Â HB 1451 Exemption/Florida Center for Brain Tumor Research: Creates a public record exemption for an individual's medical record and any information received from an individual from another state or the federal government which is otherwise exempt held by the Florida Center for Brain Tumor Research.Â Similar to SB 2564.Â Â Rep. Anne Gannon (R-Delray Beach)

Passed both the House and the Senate unanimously.

19)Â Â Â Â Â Â CS/SB 1506 Electronic Filings/Insurance: In pertinent part, authorizes the Financial Services Commission to require by rule that statements or filings from viatical settlement providers, premium finance companies, and continuing care provider licensees be submitted electronically.Â Similar to HB 1329.Â Sen. J.D. Alexander (R-Lake Wales) DOES NOT CREATE AN EXEMPTION

Passed both the Senate and the House unanimously.

20)Â Â Â Â Â Â CS/HB 1563 Exempt Information/Court Records: Extends the deadline by which clerks of court must affirmatively redact social security numbers and bank account and credit card numbers from court records until January 1, 2008, stipulating that the clerk of court cannot be held liable for the inadvertent release of such information filed in a court record prior to the deadline.Â Stipulates that if the clerk accepts or stores official records in an electronic format, the clerk must use "best efforts" to redact such information, and that use of redaction software shall be deemed best effort.Â Also stipulates that the clerk cannot be held liable for the inadvertent release of such information filed in an official record prior to the deadline.Â Finally, requires automatic redaction of social security numbers and bank and credit card numbers from official records and court records after January 1, 2008.Â Â Similar to SB 2366.Â Rep. Will Kendrick (D-Carrabelle) DOES NOT CREATE AN EXEMPTION

Passed the House 114/3; passed the Senate unanimously.

21)Â Â Â Â Â Â HB 7007 OGSR/Child Support Services: Reenacts without modification the public record exemption in s. 61.1827, F.S., for any information that would reveal the identity of applicants for or recipients of child support services, including the name, address, and telephone number of such persons, in the possession of a non-Title IV-D county child support enforcement agency.Â Similar to SB 1078.Â H. Governmental Operations

Passed both the House and Senate unanimously.

22)Â Â Â Â Â Â HB 7009 OGSR/Home Addresses - Human Resource Directors: Reenacts and amends the public record exemption in s. 119.071(4)(d)2., F.S., for the home addresses telephone numbers, social security numbers, and photographs of certain active or former human resource personnel, the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children.Â As amended, deletes the exemption for social security numbers.Â Similar to SB 662.Â H. Governmental Operations

Passed the House 85/32; passed the Senate unanimously.

23)Â Â Â Â Â Â HB 7011 OGSR/Home Addresses - Code Enforcement Officers: Reenacts and amends the public record exemption in s. 119.071(4)(d)5., F.S., for the home addresses telephone numbers, social security numbers, and photographs of active or former code enforcement officers, the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children.Â As amended, deletes the exemption for social security numbers and photographs.Â Similar to SB 664.Â H. Governmental Operations

Passed the House 98/19; passed the Senate unanimously.

24)Â Â Â Â Â Â HB 7013 OGSR/Software Copyright: Reenacts with minor modifications s. 119.084, F.S., authorizing copyright of agency-produced software.Â Similar to SB 1038.Â H. Governmental Operations DOES NOT CREATE AN EXEMPTION

Passed the House 86/31; passed the Senate unanimously.

25)Â Â Â Â Â Â HB 7015 OGSR/Archaeological Sites: Reenacts with minor modification the public record exemption in s. 267.135, F.S., for any information identifying the location of an archaeological site held by the Division of Historical Resources of the Department of State.Â Similar to SB 1036.Â H. Governmental Operations

Passed both the House and Senate unanimously.

26)Â Â Â Â Â Â CS/HB 7017 OGSR/Economic Development Agencies: Reenacts with minor modification the public record exemption in s. 288.075, F.S., for records held by an economic development agency concerning plans, intentions, or interests of a private corporation or person to locate, relocate, or expand its business activities in Florida if the corporation or person requests confidentiality in writing.Â Exempts trade secrets provided by the corporation or person for a period of 10 years.Â Stipulates that such records become public 12Â months after the request for confidentiality is received or until the information is otherwise disclosed, whichever occurs first.Â Also stipulates that the period of confidentiality can be extended for an additional 12 months upon written request.Â Similar to SB 734.Â H. Governmental Oversight

Passed by the House 85/32; amended in the Senate (reducing the confidentiality period from 24 to 12 months) and passed unanimously; House concurred and passed the amended bill 110/8.

27)Â Â Â Â Â Â HB 7023 OGSR/Pharmaceutical Caches: Reenacts with minor modification the public record exemption in s. 381.95, F.S., for information identifying or describing the name, location, pharmaceutical cache, contents, capacity, equipment, physical features, or capabilities of individual medical facilities, storage facilities, or laboratories established, maintained, or regulated by the Department of Health as part of the state's plan to defend against an act of terrorism.Â Stipulates that the Governor's certification of the sufficiency of any location, pharmaceutical cache, contents, capabilities, etc., is a public record.Â Similar to SB 698.Â H. Governmental Oversight

Passed the House 117/1; passed the Senate unanimously.

28)Â Â Â Â Â Â HB 7025 OGSR/Hospital Emergency Management Plans: Reenacts with minor modification the public record exemption is s. 395.1056, F.S., for those portions of a comprehensive emergency management plan with address the response of a public or private hospital to an act of terrorism.Â Also reenacts the meetings exemption for portions of meetings during which such plans are discussed.Â Similar to SB 700.Â H. Governmental Oversight

Passed both the House and Senate unanimously.

29)Â Â Â Â Â Â HB 7033 OGSR/Security System Plans: Reenacts with minor, technical modifications the public record exemption in s. 119.071(3), F.S., for security system plans for property owned by or leased to the state or any privately owned or leased property held by a government agency.Â Also reenacts with minor technical modifications the meetings exemption in s. 286.0113, F.S., for portions of meetings which would reveal such plans.Â Similar to SB 696.Â H. Governmental Operations

Passed both the House and Senate unanimously.

30)Â Â Â Â Â Â HB 7035 OGSR/Motor Vehicle Crashes: Reenacts without modification the public record exemption in s. 316.066(3)(c), F.S., for reports which reveal the identity, home or employment telephone number or home or employment address of persons involved in a car crash for a period of 60 days following the crash.Â Allows access by the media, insurance companies, and attorneys of those involved in the crash under certain, specified conditions.Â Similar to SB 712.Â H. Governmental Oversight

Passed the House 85/32; amended in the Senate (a strike all that was virtually identical to the bill's current language) and passed unanimously; House concurred and passed the bill 91/26.

31)Â Â Â Â Â Â HB 7043 OGSR/Identifying Information - Elderly Affairs: Reenacts with minor modification the exemption in s. 430.105, F.S., for personal identifying information in records relating to an individual's health or eligibility for or receipt of health-related, elder care, or long-term care services held by the Department of Elderly Affairs.Â Similar to SB 514.Â H. Governmental Operations

Passed both the House and Senate unanimously.

32)Â Â Â Â Â Â CS/HB 7045 OGSR/Medicaid Pharmaceutical Rebates: Reenacts and amends the exemption in s. 409.91196, F.S., for the rebate amount, percent of rebate, manufacturer's pricing, and supplemental rebate held by the Agency for Health Care Administration pursuant to the Medicaid prescription drug program.Â Also exempts portions of meeting of the Medicaid Pharmaceutical and Therapeutics Committee at which such information is discussed.Â As amended, requires that a record be made of the closed portions of meetings, stipulating that such record must include the times of commencement and termination, all discussions and proceedings, and the names of all persons speaking.Â Similar to SB 516.Â Â H. Governmental Operations

Passed the House 117/1; passed the Senate unanimously.

33)Â Â Â Â Â Â HB 7047 OGSR/Tobacco-Settlement Agreement: Reenacts without modification the public record exemption in s. 569.215, F.S., for proprietary confidential business information received by the Governor, the Attorney General, or outside counsel representing the state in negotiations for settlement payments under the tobacco settlement agreement.Â Similar to SB 1530.Â H. Governmental Operations

Passed both the House and Senate unanimously.

34)Â Â Â Â Â Â HB 7049 OGSR/Surplus Lines Insurance: Reenacts without modification the public record exemption in s. 626.921(8)(b), F.S., for information furnished to the Florida Surplus Lines Service Office under the Surplus Lines Law if disclosure of such information would reveal information specific to a particular policy or policyholder.Â Similar to SB 1586.Â H. Governmental Operations

Passed the House 117/3; passed the Senate unanimously.

35)Â Â Â Â Â Â HB 7059 OGSR/Temporary Cash Assistance: Reenacts with minor technical modification the public record exemption in s. 414.295, F.S., for personal identifying information contained in records relating to temporary cash assistance which identifies a participant, or a participant's family or household member.Â Also reenacts with technical modification the meetings exemption for meetings or portions of meetings of Workforce Florida or a regional workforce board or committee at which such information is discussed.Â Similar to SB 736.Â H. Governmental Operations

Passed both the House and the Senate unanimously.

36)Â Â Â Â Â Â HB 7061 OGSR/Deferred Presentment Providers: Reenacts with some modification the exemption is s. 560.4041, F.S., for information identifying a drawer or deferred presentment provider contained in the database for deferred presentment providers.Â Amended to stipulate that a provider may access information it has entered into the database and may obtain an eligibility determination for a particular person based on information in the database.Â Further amended to allow access by court order and a showing of good cause.Â Similar to SB 1584.Â H. Governmental Operations

Passed the House unanimously; passed the Senate 39/1.

37)Â Â Â Â Â Â HB 7063 OGSR/Byrd Alzheimer's Center: Reenacts with minor clarifying modifications the public record exemptions in s. 1004.445, F.S., for personal identifying information of clients of programs created or funded through the Center; personal identifying information contained in patient medical or health records; materials relating to methods of manufacture, potential trade secrets, potentially patentable materials, trade secrets or proprietary information; the identity of donors or prospective donors who wish to remain anonymous; information received by the Center in the performance of its duties that is otherwise exempt by law; and any information received that is exempt under the laws of another state or federal law.Â Similar to SB 2066.Â H. Governmental Operations

Passed the House and the Senate unanimously.

38)Â Â Â Â Â Â HB 7113 OGSR/Interference with Custody: Reenacts and amends the public record exemption in s. 787.03, F.S., for the name, address, and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody.Â As amended, the current address and telephone number of the person who takes the child and the minor are exempt from disclosure until the sheriff or state attorney completes an investigation and determines that releasing the information would not jeopardize the safety of the person or minor.Â Allows access by other government agencies for the purpose of official business.Â Similar to SB 710.Â H. Governmental Operations

Passed both the House and Senate unanimously.

39)Â Â Â Â Â Â HB 7115 OGSR/Autopsy Photographs: Reenacts with minor technical modification the public record exemption in s. 406.135, F.S., for autopsy photographs.Â Allows access upon court order and a showing of good cause.Â Similar to SB 592 and SB 1052.Â H. Governmental Operations

Passed the House 98/25; passed the Senate unanimously.

40)Â Â Â Â Â Â CS/HB 7161 Exemption/State Board of Administration: Creates a public record exemption for proprietary confidential business information concerning alternative investments of the State Board of Administration.Â Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information. Â Allows access by court order and a showing of good cause.Â Similar to SB 1308.Â H. Governmental Operations

Passed both the House and Senate unanimously.

2006 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 17

2006 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 17

CS/HB 41 Expunction/Non-Judicial Arrest Records: Allows for administrative expunction of non-judicial arrest records of minors or adults who are mistakenly arrested by a law enforcement agency at its own discretion, but subject to rules prescribed by the Florida Department of Law Enforcement.Â Stipulates that an application for administrative expunction must include an affidavit executed by the chief law enforcement officer verifying that the record has been reviewed and the arrest was contrary to law or a mistake.Â In addition, the affidavit must include the date and time of the arrest, the name of the arresting officer and the person arrested, and the crime charged.Â Similar to SB 1844.Â Rep. Charles Dean (R-Inverness)

House: Passed the House unanimously. Now in S. Messages.

S. Governmental Oversight Committee: Reported favorably. Now in S. Rules.

HB 1001 Exemption/Fingerprint ID Information: Creates a public record exemption for fingerprint identification information held by an agency.Â Defines "fingerprint identification information" as any record of "friction ridge detail, including but not limited to, fingerprints, palm prints, and footprints, in whatever form or medium recorded."Â Similar to SB 2292.Â Rep. Sandy Adams (R-Oviedo)

H. Governmental Operations Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1001 creates a public record exemption for biometric identification information held by an agency. "Biometric identification information" is defined as any record of friction ridge detail, fingerprints, palm prints, and footprints. Applies retroactively. Now in H. State Administration.

SB 1308 Exemption/State Board of Administration: Creates a public record exemption for proprietary confidential business information concerning alternative investments of the State Board of Administration.Â Stipulates that the exemption applies only if the person submitting the information provides a verified written declaration that (1) identifies the proprietary confidential business information within the record submitted; (2) certifies that asserted trade secrets meet the statutory definition; (3) certifies that the identified information is intended to be and is treated as private and is not readily ascertainable or publicly available from any other source; and (4) certifies that the disclosure of the identified information would harm the business interests of the person submitting the information.Â Stipulates that the records are exempt until 10 years after the investment.Â Allows access by court order and a showing of good cause.Â Sen. Rudy Garcia (R-Hialeah)

S. Governmental Oversight Committee: Three minor amendments, slightly narrowing the exemption are adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 1320 Exemption/Home Addresses - DJJ Employees: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of certain active or former DJJ employees, the home addresses, telephone numbers, social security numbers, photographs, and places of employment of their spouses and children, and the names and locations of schools and day care facilities attended by their children. Stipulates that the exemption applies only if the employee provides a written statement that the employee has made reasonable efforts to protect such information from being accessible through other sources available to the public.Â Â Similar to HB 605.Â Sen. Victor Crist (R-Tampa)

S. Criminal Justice Committee: A strike all amendment making minor changes to the exemption is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight.

S. Regulated Industries Committee: Reported favorably. Now in S. Governmental Oversight.

S. Children and Families Committee: Reported favorably. Now in S. Commerce.

H. State Administration Council: Reported favorably. Now on H. Calendar.

H. State Administration Council: Reported favorably by a vote of 7/1 (Rep. Mary Brandenburg voting no). Now on H. Calendar.

H. State Administration Council: Reported favorably. Now on H. Calendar.

HB 7013 OGSR/Software Copyright: Reenacts with minor modifications s. 119.084, F.S., authorizing copyright of agency-produced software.Â Similar to SB 1038.Â H. Governmental OperationsÂ

H. State Administration Council: Reported favorably. Now on H. Calendar.

H. State Administration Council: Reported favorably. Now on H. Calendar.

H. Domestic Security Committee: Reported favorably. Now in H. State Administration.

H. Domestic Security Committee: Reported favorably. Now in H. State Administration.

H. State Administration Council: Reported favorably by a vote of 7/1 (Rep. Audrey Gibson voting no). Now on H. Calendar.

H. Domestic Security Committee: Reported favorably. Now on H. Calendar.

H. Transportation Committee: Reported favorably. Now in H. State Administration.

H. Elder and Long Term Care Committee: Reported favorably. Now in H. State Administration.

H. Health Care Regulation Committee: Reported favorably. Now in H. State Administration.

NEW BILLS FILED

HB 7091 Electronic Recording/Property Records: Creates the "Uniform Real Property Electronic Recording Act,"Â allowing a county recorder to receive, index, store, archive, and transmit electronic documents.Â Also allows the county record to provide access to, search, and retrieve documents by electronic means.Â Also creates the Electronic Recording Advisory Council within the Department of State.Â H. Civil JusticeÂ WATCH

2006 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 10

2006 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 10

S. Judiciary Committee: Reported favorably. Now in S. Children and Families.

HB 719 Sealing of Criminal History Records: Allows for the sealing a criminal history record of certain offenses if a charging document is not filed, if the case is dismissed, if nolle prosequi is entered in the case, or if the defendant is acquitted or found not guilty.Â Stipulates that a certificate of eligibility for sealing is available only if the person seeking the certificate has never had a criminal history record sealed or expunged.Â Similar to SB 1276.Â Rep. J.C. Planas (R-Miami) ???

H. Criminal Justice Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 719 amends s. 943.059, F.S., to stipulate that a criminal record relating to certain specified violations cannot be sealed if the defendant was found guilty or pled guilty or nolo contendere, regardless of whether adjudication was withheld. Provides an exception. Now in H. Governmental Operations.

SB 1038 OGSR/Software Copyright: Reenacts with minor modifications s. 119.084, F.S., authorizing copyright of agency-produced software.Â Similar to HB 7013.Â S. Governmental Oversight

S. Governmental Oversight Committee: One minor amendment is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 1162 Exemption/Concealed Weapons Permits: Creates a public record exemption for all personal identifying information, names, addresses, birth dates, social security numbers, phone numbers and license numbers of individuals who have applied for or received a concealed weapons permits.Â Allows disclosure under certain, specified circumstances, including upon court order and a showing of good cause.Â Similar to HB 687.Â Sen. Mike Haridopolos (R-Melbourne)

S. Commerce Committee: A strike all amendment making technical drafting changes is adopted; reported favorably as a committee substitute. As amended, CS/SB 1162 creates a public record exemption for personal identifying information of an individual who has applied for or received a concealed weapons permit; allows disclosure under certain, specified circumstances. Now in S. Criminal Justice.

S. Health Care Committee: Reported favorably. Now on S. Calendar.

S. Health Care Committee: Reported favorably. Now on S. Calendar.

S. Banking & Insurance Committee: Reported favorably. Now in S. Governmental Oversight.

SB 1586 OGSR/Surplus Lines Insurance: Reenacts without modification the public record exemption in s. 626.921(8)(b), F.S., for information furnished to the Florida Surplus Lines Service Office under the Surplus Lines Law if disclosure of such information would reveal information specific to a particular policy or policyholder.Â S. Banking & Insurance

S. Banking & Insurance Committee: A strike all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now In S. Governmental Oversight.

SB 1680 Public Documents: Requires all state government officials and agencies to furnish a list of documents issued during the year to the Division of Library and Information Services, Department of State.Â Also requires government agencies to purge publication mailing lists every other year and to disclose whether agency publications are available on-line and allow recipients to determine whether they'd prefer receiving a hard copy of the publication or a copy in an electronic format.Â S. Government Efficiency Appropriations WATCH

S. Government Efficiency Appropriations Committee: Reported favorably. Now in S. Governmental Oversight.

H. Tourism Committee: Reported favorably. Now in H. State Administration Council.

HB 7027 OGSR/Nursing Home Adverse Incident Reports: Reenacts and amends the exemption in s. 409.91196,F.S., for the rebate amount, percent of rebate, manufacturer's pricing, and supplemental rebate held by the Agency for Health Care Administration pursuant to the Medicaid prescription drug program.Â Also exempts portions of meeting of the Medicaid Pharmaceutical and Therapeutics Committee at which such information is discussed.Â As amended, requires that a record be made of the closed portions of meetings, stipulating that such record must include the times of commencement and termination, all discussions and proceedings, and the names of all persons speaking.Â Similar to SB 510.Â H. Governmental Operations

H. Elder & Long-Term Care Committee: Reported favorably. Now in H. State Administration Council.

NEW BILLS FILED

HB 675 Sale or Lease of Public Hospital: Amends s. 155.40, F.S., to stipulate that private companies purchasing or leasing a public hospital are not "acting on behalf of" the public hospital and thus are not subject to Florida's public records law and sunshine law.Â Similar to SB 1190.Â Rep. Joe Pickens (R-Palatka)

H. Criminal Justice Committee: A strike all amendment, making significant changes, is adopted. Reported favorably as a committee substitute. As amended, CS/HB 675 creates a public record exemption for records of a private corporation that leases or purchases a public hospital. Also creates an exemption for the meetings of such corporations. Now in H. Local Government Council.

SB 1190 Sale or Lease of Public Hospital: Similar to HB 675.Â Sen. Jeff Atwater (R-North Palm Beach)

HB 1323 False Light/Defamation Actions: Stipulates that a person may not be held liable for publishing information concerning an individual which places that individual in a false light unless (1) the published information is false; (2) the false information places the individual in a false light highly offensive to a reasonable person; (3) the person publishing the information knew the information was false or acted with reckless disregard as to its falsity; and (4) the person publishing the information acted knowingly or in reckless disregard as to the false light in which the individual would be placed.Â Â Stipulates that a publication which is privileged or otherwise protected from liability under the common law of defamation, the First Amendment or s. 4, Art. I, Fla. Con., is not subject to liability.Â Stipulates that any action must be brought within two years after publication.Â Applies retroactively.Â Similar to SB 1346.Â Rep. David Simmons (R-Altamonte Springs)

HB 1329 Electronic Filings/Insurance: Authorizes the Financial Services Commission to require by rule that statements or filings from viatical settlement providers, premium finance companies, and continuing care provider licensees be submitted electronically.Â Rep. Michael Grant (R-Port Charlotte) WATCH

HB 1401 Voting Systems: Stipulates that before an electronic or electro-mechanical voting system can be approved for use by the Department of State, the system must be able to (1) produce a voter-verifiable paper record this suitable for a manual audit, (2) produce a permanent paper record that can be inspected and verified by the voter at the time the vote is cast, and (3) provide the voter with the opportunity to correct a system error before the permanent record is preserved for use in a manual audit.Â Also stipulates that the system contains or uses only software or source code that has been disclosed to the department and that must be availabe for public inspection, that the system does not contain any wireless communication device, and that it contains or uses only software and hardware certified by laboratories accredited by the Department of State. Similar to SB 1910, SB 2720, and SB 2732.Â Rep. Audrey Gibson (D-Jacksonville)

HB 1409 Exemption/Health Information Network: Creates a public record exemption for patient medical or health records, trade secrets, and any information received from a person from another state or the federal government which is otherwise exempt held by the Florida Health Information Network.Â Rep. Holly Benson(R-Pensacola)

HB 1469 Exemption/Florida Opportunity Fund: Creates a public record exemption for trade secret held by the Florida Opportunity Fund and the Florida Opportunity Fund Management Corporation.Â Also exempts tax identification numbers, social security numbers, analyses of gross receipts, the amount of taxes paid, the amount of capital investment, the amount of employee wages paid, and the detailed documentation to substantiate performance information included in portfolio data on specific companies within the portfolios of venture capital funds receiving investments from the Florida Opportunity Fund.Â Similar to SB 2668.Â Rep. Michael Grant (R-Port Charlotte)

HB 1539 Lobbying/Reporting Requirements: In pertinent part, amends s. 11.045, F.S., relating to the regulation of legislative lobbyists, by repealing requirements that lobbying firms file a compensation report every quarter.Â Such reports contain the name and address of the lobbying firm, the name of all lobbyists associated with the firm, and the total compensation paid by the firm's clients. Rep. Franklin Sands (D-Weston)

HB 1549 Juvenile Records: In pertinent part, prohibits the release by the Florida Department of Law Enforcement of criminal history information relating to a minor without the corresponding disposition information.Â Similar to SB 1406.Â Rep. Joyce Cusack (R-DeLand)

SB 2306 Exemption/HMO - Risk-Based Capital Reports: Similar to HB 1279.Â Sen. Jeff Atwater (R-North Palm Beach)

SB 2316 Exemption/Rejected Bids, Proposals or Negotiations: Similar to HB 1369.Â Sen. Jim Sebesta (R-St. Petersburg)

SB 2366 Exempt Information/Court Records: Similar to HB 1563.Â Sen. Nancy Argenziano (R-Crystal River)

SB 2402 Exemption/Shell Bill: Expresses legislative intent to create a public record exemption.Â Sen. Daniel Webster (R-Winter Garden)

Exemption/Legislative Sunset Advisory Committee: Creates a public record exemption for a working paper, including all documentary or other information, prepared or maintained by the committee.Â Stipulates that any exempt record or information received by the committee retains its exempt status.Â Similar to HB 1125.Â Sen. Bill Posey (R-Rockledge)

SB 2564 Exemption/Florida Center for Brain Tumor Research: Similar to HB 1451.Â Sen. Jeff Atwater (R-North Palm Beach)

SB 2584 Exemption/Criminal Background Check: Creates a public record exemption for criminal background check information concerning applicants, employees, and appointees obtained by a county or city government or governing body.Â Sen. Mike Bennett (R-Bradenton)

SB 2634 Exemption/Donor Information: Creates a public record exemption for documents identifying the name, identity, home or employment telephone number, home or employment address or personal assets of any potential or actual donor, or that identifies any donation of gifts or funds, to a publicly owned house museum.Â Also creates an exemption for meetings or portions of meetings during which such information is discussed.Â Sen. Gwen Margolis (D-Bay Harbor Island)

SB 2656Â Exemption/Florida Opportunity Fund: Similar to HB 1469.Â Â Sen. Jeff Atwater (R-North Palm Beach)

SB 2730Â Voting Systems: Similar to HB 1401, SB 1910, and SB 2732.Â Sen. Ron Klein (D-Delray Beach)

SB 2732 Voting Systems: Similar to HB 1401, SB 1910, and SB 2730.Â Sen. Gary Siplin (D-Orlando)

SB 2742Â Defamation/Publishing & Broadcasting: Amends s. 836.01., F.S., to make it a third degree felony to publish or broadcast a libel.Â Sen. Gary Siplin (D-Orlando) WATCH

SB 2746 Exemption/Florida Consumer Finance Act: Creates a public record exemption for investigative and examination information held by the Office of Financial Regulation of the Financial Services CommissionÂ until the investigation is complete or no longer active.Â Stipulates that such information may remain exempt under certain, specified conditions.Â Sen. Jeff Atwater (R-North Palm Beach)

HB 7045 OGSR/Medicaid Pharmaceutical Rebates: Reenacts and amends the exemption in s. 409.91196,F.S., for the rebate amount, percent of rebate, manufacturer's pricing, and supplemental rebate held by the Agency for Health Care Administration pursuant to the Medicaid prescription drug program.Â Also exempts portions of meeting of the Medicaid Pharmaceutical and Therapeutics Committee at which such information is discussed.Â As amended, requires that a record be made of the closed portions of meetings, stipulating that such record must include the times of commencement and termination, all discussions and proceedings, and the names of all persons speaking.Â Similar to SB 516 H. Governmental Operations

HB 7043 Nursing Home Consumer Information: Allows the Agency for Health Care Administration to provide electronic access to nursing home inspection reports as a substitute for sending copies of such reports.Â Also decreases the number of months from 45 to 30 for which reported information must be provided to consumers and requires AHCA to publish the Nursing Home Watch List which must contain certain, specified information.Â Similar to SB 1284.Â H. Elder & Long-Term Care WATCH