2007 Legislative Report

2007 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 23

2007 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 23

HB 153 Ad Valorem Tax Data: Amends s. 119.052, F.S., requiring the Department of Revenue to annually publish data relating to ad valorem tax data, to stipulate that such data must include the annual percentage increase in total non-voted ad valorem taxes levied by each local taxing authority and information on the distribution of ad valorem taxes levied among the various classifications of property.Â Similar to SB 560.Â Rep. Jack Seiler (D-Pompano Beach)

H. Government Efficiency and Accountability Council: Reported favorably. Now in H. Government Efficiency and Accountability Council.

HB 541 Public Records/Inspection & Copying: Stipulates that each agency head who appoints a designee to act as custodian of public records must provide notice of the designation to the public.Â Stipulates that the notice must contain the name and title of the designee, as well as the designee's e-mail address, office telephone number, and office mailing address, and that the notice be prominently posted in areas of the office accessible to the public as well as on the agency's website.Â Prohibits denial of the existence of a public record by any person who is not the custodian or of public records or the designee.Â 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 Finally, requires that a custodian or his or her designee be available to respond to public record requests during regular business hours of the office at which such records are maintained.Â Similar to SB 1760.Â Rep. Shelley Vana (D-West Palm Beach)

H. Government Efficiency and Accountability Council: A strike-all amendment

was adopted. Reported favorably with amendment. In pertinent part, the amendment stipulates that a custodian of public records may designate another officer or employee of the agency to permit the inspection and copying of public records. The identity of the records custodian designee must be disclosed. Also stipulates that a custodian or the designee must respond to requests promptly and in good faith and that a custodian or designee be available to respond to requests for public records during regular business hours of the office at which public records are maintained. Now in H. Government Efficiency and Accountability Council.

SB 608 Exemption/S. Florida Regional Transportation Authority: Creates a public records 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 HB 961.Â Sen. Steven Geller (D-Hallandale Beach)

S. Transportation Committee: Temporarily postponed. Now in S. Transportation

Committee.

SB 734 Campaign Financing/Local Government: Prohibits local government or person acting on behalf of local government from expending public funds to support or oppose an issue, referendum, or amendment that is subject to a vote of the electors.Â Provides certain limited exceptions. Similar to HB 749. Sen. Charlie Justice (D- St. Petersburg) WATCH

S. Ethics and Elections Committee: An amendment was adopted. Reported

favorably with amendment. In pertinent part, the amendment stipulates that local government or a person acting in behalf of local government may not expend or authorize expenditure of, nor can accept public funds, for a political advertisement or electioneering communication concerning an issue, referendum, or amendment that is subject to a vote by the electors.Â Also provides that the prohibition does apply to an electioneering communication from a local government or person acting in behalf of a local government which is limited to factual information.Â Now in S. Community Affairs.

SB 816 OGSR/Law Enforcement Transmittal Letters: Reenacts with some modification the public records exemption in s. 119.071(2)(c)2., F.S., for requests made by a law enforcement agency to inspect or copy a public record in the custody of another agency.Â As amended, stipulates that the exemption is retroactive.Â S. Criminal Justice Committee

S. Governmental Operations Committee: An amendment was adopted. Reported favorably as a committee substitute. In pertinent part, the amendment stipulates a request made by a law enforcement agency to inspect or copy a public record that is in the custody of another agency and the custodian's response to the request, and any information that would identify whether a law enforcement agency has requested or received that public record, are exempt, during the period in which the information constitute active criminal intelligence information or active investigative information. Also stipulates that the law enforcement agency that made the request to inspect or copy a public record shall give notice to the custodial agency when such information is no longer active so that all such information would be become available to the public. Now in S. Governmental Operations.

SB 830 Driver History Records: Amends s. 119.0712(2), F.S., the Driver's Privacy Protection Act, to further restrict disclosure of a person's identification card number, social security number, photograph, medical disability information, and emergency contact information. Similar to HB 1545. Sen. Carey Baker (R-Eustis)

S. Governmental Operations Committee: Reported favorably. Placed on S. 2^nd Reading Calendar.

SB 886 OGSR/Building Plans: Reenacts with minor technical modification the public exemption in s. 119.071(3)(b), F.S., for building plans, blueprints, schematics drawings, and diagrams which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency.Â S. Committee on Military Affairs and Domestic Security

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

HB 961 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 SB 608.Â Rep. Julio Robaina (R-Miami)

H. Infrastructure Committee: Reported favorably. Now in H. Economic

Expansion and Infrastructure Council.

HB 1117 Fraudulent Use of Personal Info: Amends s. 817.568, F.S., allowing for an enhanced penalty for fraudulent use of personal identification information relating to individuals 65 years of age or older without consent. Prohibits willfully possessing sensitive personal information of another without that person's consent. Provides criminal penalties. Similar to SB 2184. Rep. John Legg (R-Port Richey)

H. Homeland Security and Public Security Council: An amendment making

substantive changes is adopted. Reported favorably with the amendment. In pertinent part, the amendment deletes the portion in the bill making it a crime to possess personal identification information. Now in H. Safety and Security Council.

HB 1159Â Use of Name/Armed Forces: Prohibits the use of a name or image of a member of the armed forces for the purpose of trade or for any commercial or advertising purpose. Provides certain exceptions.Similar to SB 116. Rep. Denise Grimsley (R-Sebring)

H. Military and Veterans Affairs Council: An amendment was adopted. Reported favorably with the amendment. In pertinent part, the amendment stipulates that a person may not use a name or image of a member of the armed forces for the purpose of trade or for any commercial or advertising purpose. Also provides that the phrase "commercial or advertising purpose" does not include the publication of such information when used in connection with a news story or editorial commentary in a print of electronic version of a newspaper or magazine. Now in H. Government Efficiency and Accountability Council.

HB 1425 Child Abuse Reporting: Requires health care practitioners and other specified agencies and agency personnel to report a pregnancy of a child under 16 years of age to certain law enforcement agencies under certain circumstances. Similar to SB 2546. Rep. Dennis Baxley WATCH

H. Health Quality Committee: Workshopped. Now in H. Health Quality

Committee.

SB 1452 OGSR/Public Service Tax: Repeals s. 166.236, F.S., providing an exemption for information received by a taxing authority or its agent in connection with an audit of public service taxes collected by a telecommunications service provider.Â S. Communications and Public Utilities Committee

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

SB 1492 OGSR/Identifying Information - Optional Retirement Program: Reenacts with minor modification s. 121.4501, F.S., providing an exemption for personal identifying information of participants in the Public Employee Optional Retirement Program.Â S. Governmental Operations Committee

S. Governmental Operations Committee: Reported favorably. Now in S.

Government Appropriations.

SB 1510 Exemption/Sunshine State One-Call: Creates a public records exemption for proprietary confidential business information held by Sunshine State One-Call for the purpose of describing the extent and root cause of damage to an underground facility or using the member ticket management software system.Â Stipulates that such information will be exempt from public disclosure only if the information (1) is treated by the company as confidential; (2) would be reasonably likely to be used by a competitor to harm the business interests of the company; and (3) is not otherwise readily ascertainable or public available "by proper means by other persons from another source in the same configuration as requested by the local government entity." Similar to HB 1221.Â Sen. Dave Aronberg (D-Greenacres)

S. Communications and Public Utilities Committee: Reported favorably. Now in

S. Communications and Public Utilities Committee.

HB 1523 Exemption/SURE Venture Commercialization, Inc.: Creates a public records exemption for records relating to proprietary business information relating to state university research projects held by SURE Venture Commercialization, Inc. Also creates an exemption for portions of meetings of the board during which exempt information is presented or discussed. Allows limited disclosure under certain specified conditions. Similar to SB 2416. Rep. Gayle Harrell (D-Port St. Lucie)

H. Economic Development Committee: Reported favorably 6/1 (Rep. Reed

voting no). Now in H. Economic Expansion and Infrastructure Committee.

HB 1527 Exemption/SURE Venture Capital Fund: Creates a public records exemption for records relating to proprietary business information related to state-supported research projects held by the SURE Venture Capital Fund and the Institute for Commercialization of Public Research. Also creates an exemption for portions of meetings of the board during which exempt information is presented or discussed. Allows limited disclosure under certain specified conditions. Similar to SB 2422. Rep. Gayle Harrell (D-Port St. Lucie)

H. Economic Development Committee: Reported favorably 6/1 (Rep. Reed

voting no). Now in H. Economic Expansion and Infrastructure Council.

HB 1545 Driver History Records: Amends s. 119.0712(2), F.S., the Driver's Privacy Protection Act, to further restrict disclosure of a person's identification card number, social security number, photograph, medical disability information, and emergency contact information. Similar to SB 830. Rep. Greg Evers (R-Milton)

H. State Affairs Committee: Reported favorably. Now in H. Government

Efficiency and Accountability Council.

SB 2416 Exemption/SURE Venture Commercialization, Inc.: Creates a public records exemption for records relating to proprietary business information relating to state university research projects held by SURE Venture Commercialization, Inc. Also creates an exemption for portions of meetings of the board during which exempt information is presented or discussed. Allows limited disclosure under certain specified conditions. Similar to HB 1523. Sen. Jeremy Ring (D-Margate)

S. Commerce Committee: Reported favorably. Now in S. Governmental

Operations.

SB 2422 Exemption/SURE Venture Capital Fund: Creates a public records exemption for records relating to proprietary business information related to state-supported research projects held by the SURE Venture Capital Fund and the Institute for Commercialization of Public Research. Also creates an exemption for portions of meetings of the board during which exempt information is presented or discussed. Allows limited disclosure under certain specified conditions. Similar to HB 1527. Sen. Jeremy Ring (D-Margate)

S. Commerce Committee: An amendment is adopted. Reported favorably as a committee substitute. In pertinent part, the amendment stipulates that records relating to proprietary business information related to state-supported research projects held by the SURE Venture Capital Fund and the Institute for Commercialization of Public Research are confidential and exempt. Also provides that portions of meetings of the board during which exempt information is presented or discussed. Allows limited disclosure under certain specified conditions. Now in S. Governmental Operations.

SB 2870 Prohibition/Publication of Names: Makes minor modifications to s. 742.09, F.S., stipulating that it is unlawful to publish the name of any of the parties involved in a court proceeding to determine paternity. Similar to HB 253. Â S. Committee on Children, Families, and Elder Affairs

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

New Bills Filed

SB 1076 Exemption/State Univ. Research Co.: Creates a public records exemption for records relating to proprietary business information held by State University Research Commercialization Funding Corporation. Proprietary business information includes, for example, certain agreements and proposals to receive funding, grant applications, and materials that relate to the identity of investors or potential investors are confidential andÂ exempt. Also creates an exemption for portions of meetings of the board during which exempt information is presented or discussed. Sen. Evelyn Lynn (R. Daytona Beach)

S. Higher Education Appropriations Committee: An amendment is adopted.

Reported favorably with committee substitute. In pertinent part, the amendment stipulates certain information, such as agreements and proposals to receive funding, grant applications, and materials that relate to the identity of investors or potential investors, held by the State University Research Commercialization Funding Corporation is confidential and exempt from public disclosure. Now in S. Higher Education.

2007 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 30

2007 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 30

HB 63 Exemption/Domestic Violence - State Employees: Creates a public records 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 CS/SB 186.Â Rep. Ari Abraham Porth (D-Coral Springs)

H. Business Regulation Council: Reported favorably. Now in H. Jobs and Entrepreneurship Council.

HB 455 Exemption/Organ & Tissue Donation Program: In pertinent part, stipulates that the records and meetings of the Florida Coalition on Donation, a private non-profit organization providing education and helping to coordinate the statewide organ and tissue donation program, are open to the public in accordance with s. 119.07(1), F.S., s. 286.011, F.S.,Â and s.24, Art. I of the state constitution, unless otherwise made exempt by law. Similar to SB 1350.Â Rep. Larry Cretul (R-Ocala)

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

CS/HB 463 Exemption/High School Drug Tests: Creates a public records exemption for the results of random drug tests of high school athletes. Provides that records relating to drug tests and to challenges and appeals of drug tests are confidential and exempt from public records requirements.Â Further provides for disclosure of such records to certain persons.Â Additionally, stipulates that the portions of a meeting at which confidential and exempt records are discussed or presented are exempt from public meetings requirements. Similar to SB 2202.Â Rep. Marcelo Llorente (R-Miami)

H. Schools and Learning Council: Reported favorably. Now in H. Policy and Budget Council.

SB 560 Ad Valorem Tax Data: Amends s. 119.052, F.S., requiring the Department of Revenue to annually publish data relating to ad valorem tax data, to stipulate that such data must include the annual percentage increase in total non-voted ad valorem taxes levied by each local taxing authority and information on the distribution of ad valorem taxes levied among the various classifications of property. Similar to HB 153.Â Sen. Jeff Atwater (R-North Palm Beach)

S. Community Affairs Committee: An amendment was adopted. Reported favorably as a committee substitute. In pertinent part, the amendment stipulates certain ad valorem tax data shall include the annual percentage increase in total nonvoted ad valorem taxes levied by each municipality and county, and shall include information on the distribution of ad valorem taxes levied among the various classifications of property. Now in S. Community Affairs Committee.

CS/SB 830 Driver History Records: Amends s. 119.0712(2), F.S., the Driver's Privacy Protection Act, to further restrict disclosure of a person's identification card number, social security number, photograph, medical disability information, and emergency contact information. Similar to HB 1545. Sen. Carey Baker (R-Eustis)

S. Special Order: Read 2^nd time. Now on 3^rd Reading.

HB 853 Exemption/Historic St. Augustine - Donors: Creates a public records exemption for the identity of a donor or prospective donor to the historic preservation of St. Augustine if the donor or prospective donor wishes to remain anonymous. Similar to SB 2406.Â Rep. Bill Proctor (R-St. Augustine)

H. Economic Expansion and Infrastructure Council: Reported favorably. Now in H. Policy and Budget Council.

CS/HB 1117 Fraudulent Use of Personal Info: Amends s. 817.568, F.S., allowing for an enhanced penalty for fraudulent use of personal identification information relating to individuals 65 years of age or older without consent. Provides criminal penalties. Similar to SB 2184. Rep. John Legg (R-Port Richey)

H. Safety and Security Council: An amendment was adopted. Reported favorably as a council substitute, which in pertinent part, deletes the portion in the bill making it a crime to possess personal identification information. Now in H. Policy and Budget Council.

HB 1123 Exemption/Fla. Health Info. Network: Creates a public records exemption for patient medical and health records, trade secrets, and certain other information held by the Florida Health Information Network Corporation. Similar to SB 2252 and SB 2350.Â Rep. Denise Grimsley (R-Sebring)

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

HB 1221 Exemption/Sunshine State One-Call: Creates a public records exemption for proprietary confidential business information held by Sunshine State One-Call for the purpose of describing the extent and root cause of damage to an underground facility or using the member ticket management software system.Â Stipulates that such information will be exempt from public disclosure only if the information (1) is treated by the company as confidential; (2) would be reasonably likely to be used by a competitor to harm the business interests of the company; and (3) is not otherwise readily ascertainable or public available "by proper means by other persons from another source in the same configuration as requested by the local government entity." Similar to SB 1510. Rep. Julio Robaina (R-Miami)

H. State Affairs Committee: Reported favorably. Now in H. Government

Efficiency and Accountability Council.

SB 1346 Court Records: Amends the general state policy on public records under s. 119.01(1), F.S., to include language from the constitutional right of access to public records.Â Provides a definition for the terms "confidential and exempt" and "exempt."Â Stipulates that only certain specified exemptions in chapter 119 will be applied to court records but further stipulates that the section does not apply to exemptions found in other sections of the law.Â S. Judiciary Committee

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S. Judiciary Committee: An amendment was adopted. Reported favorably as a committee substitute. In pertinent part, the amendment stipulates public records are open for inspection and copy except for certain circumstances such as when the records are exempt by statute, the records are confidential and exempt by statute, access to the records are limited by court rule, access to the records are limited by legislative rule, or the records are confidential pursuant to the State Constitution. Stipulates certain records made part of a court file are exempt such as certain agency attorney records, data processing software, information related to surveillance techniques, confessions of an arrested person, confidential informants, criminal intelligence or investigative information, undercover personnel, social security numbers, and bank account numbers. Now in S. Governmental Operations.

SB 1348 OGSR/Social Security Numbers & Personal Financial Information - Court Records: Reenacts with minor modification s. 119.071(5), F.S., providing an exemption for social security numbers and personal financial information contained in a court record.Â S. Judiciary Committee

S. Judiciary Committee: A minor technical amendment was adopted. Reported

favorably with the amendment. Now in S. Governmental Operations.

H. Government Efficiency Committee: Reported favorably. Now in H. Policy and

Budget Council.

CS/SB 1848 OGSR/Abandoned Property Records: Reenacts and amends s. 717.117, F.S., providing an exemption for social security numbers and financial account numbers in reports to the Department of Financial Services of abandoned or unclaimed property.Â As amended, Â stipulates that social security numbers and property identifiers contained in reports to the Department of Financial Services of abandoned or unclaimed property are confidential and exemptÂ S. Banking and Insurance Committee

S. Governmental Operations Committee: Reported favorably. Now in S.

Rules.

SB 1850 OGSR/DOI - Workpapers: Reeancts and amends s. 624.319, F.S., providing an exemption for certain records or reports held by or provided to the Department of Insurance (DOI).Â As amended, exempts examination reports until filed, investigation reports, and workpapers and other information held by or provided to the Department of Insurance (DOI) in performance of its examination or investigation duties until the report is filed or the investigation is complete or no longer active.Â S. Banking and Insurance Committee

S. Banking and Insurance Committee: An amendment is adopted. Reported favorably as a committee substitute. In pertinent part, the amendment defines "workpapers" to mean records of the procedures followed, tests performed, information obtained, and conclusions reached in certain examinations or investigations. Workpapers include planning documentation, work programs, analyses, memoranda, letters of confirmation and representative, abstracts of company documents, schedules or commentaries prepared or obtained in the course of such examinations or investigations, and information based on civil and criminal complaints and investigations. Additionally, provides that after an examination report is filed or an investigation is completed or ceases to be active, portions of workpapers may remain confidential and exempt under certain circumstances. Now in S. Governmental Operations.

SB 1852 OGSR/DOI - Personal Financial and Identifying Information: Amends and slightly expands the exemption provided by s. 624.23, F.S., for personal financial and health information of a consumer held by the Department of Insurance (DOI) or its service providers.Â As amended, exempts personal financial and health information held by DOI and the Department of Financial Services relating to a consumer's complaint or inquiry regarding matters regulated under the Florida Insurance Code.Â Provides a definition of "personal financial and health information." S. Banking and Insurance Committee

S. Governmental Operations Committee: Reported favorably. Now in S.

Rules.

SB 1950 OGSR/Abandoned Newborns: Reenacts with minor technical modification the exemption in s. 383.51, F.S., for the identity of parents leaving newborn infants at hospitals, fire stations, or emergency medical services stations.Â S. Children, Families and Elder Affairs Committee

S. Governmental Operations Committee: Reported favorably. Now in S.

Rules.

SB 2390 Exemption/Fla. Atlantic Univ. - Hospital Sublessees: Creates public records exemption for proprietary business information of the hospital lessee.Â Includes lessee information relating to internal auditing, privileged attorney-client communications, bids and other contractual data, corporate officer and employee personnel information, meetings minutes, plans for marketing services, trade secrets, and certain donor information. Provides public meetings exemption for meetings of the board of directors of the lessee relating to discussions on the operation and funding of the hospital.Similar to HB 1337. Sen. Jeff Atwater (R-North Palm Beach)

S. Higher Education Committee: An amendment was adopted. Reported favorably

as a committee substitute.Â In pertinent part, the amendment stipulates that all records and information in the possession of Boca Raton Community Hospital, Inc., or a subsidiary thereof, in its capacity as a lessee are confidential and exempt.Â Also stipulates meetings of the board of directors of Boca Raton Community Hospital, Inc., or subsidiary thereoof, in its capacity as a lessee at which such information is presented or discussed is confidential and exempt, and that any records generated from such meetings are closed to the public.Now in S. Governmental Operations.

SB 2612 Exemption/Florida Opportunity Fund: Creates a public records exemption for proprietary confidential business information concerning alternative investments of the Florida Opportunity Fund.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. Similar to HB 131.Â Sen. Jeremy Ring (D-Margate)

S. Commerce Committee: Reported favorably with two technical amendments. Now in S. Governmental Operations.

SB 2624 Exemption/Public Hospital CEOs: Creates a public records exemption for the name of a candidate or nominee for the position of chief executive officer or designated corporate officer of a public hospital in the possession of a search committee for the purpose of selecting candidates or nominees, as well as all records or information that would reveal the identity of a candidate or nominee until the list of candidates or nominees is given to the hospital governing board.Â Also exempts any meeting or portion of a meeting of a search committee at which information concerning such candidates or nominees is presented or discussed. Similar to

HB 467.Â Sen. Steve Oelrich (R-Gainesville)

S. Health Regulation Committee: A strike-all amendment is adopted. Reported favorably as a committee substitute. In pertinent part, the amendment creates the Task Force on Open Government within the Governor's Office of Open Government to review, evaluate, and issue recommendations concerning the public records and public meetings laws. Provides for certain members to be appointed to the task force. Further provides that the task force will consider certain issues that pertain to privacy and public access as they relate to the dissemination of information contained in public records, such as the expectation of privacy regarding sensitive personal information contained in public records. The task force is required to submit a final report to the Governor by January 1, 2008. Now in. S. Health Regulation Committee. ???

PLEASE NOTE: The legislature will be out most of next week for the holiday. Therefore, FAF will not publish a legislative report next week. If there is any action on any of the bills that FAF is tracking, we will report such action on the next report.

2007 LEGISLATIVE REPORT FOR PERIOD ENDING APRIL 13

2007 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 13

CS/SB 186 Exemption/Domestic Violence - State Employees: Creates a public records exemption for personal identifying information contained in records documenting an act of domestic violence that is submitted to an agency by an agency employee. 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. Similar to HB 63.Â Sen. Dave Aronberg (D-Greenacres)

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

CS/HB 455 Organ & Tissue Donation Program: In pertinent part, amended to stipulate that the records and meetings of the Florida Coalition on Donation, a private non-profit organization providing education and helping to coordinate the statewide organ and tissue donation program, are open to the public in accordance with s. 119.07(1), F.S., s. 286.011, F.S.,Â and Art. I, s.24, Fla. Con., unless otherwise made exempt by law.Â Similar to SB 1350.Â Rep. Larry Cretul (R-Ocala)

H. Policy and Budget Council: One minor amendment adopted; reported favorably as a committee substitute. Now on H. Calendar.

CS/HB 463 Exemption/High School Drug Tests: As amended, creates a public record exemption for the results of random drug tests of high school athletes. Provides that records relating to drug tests and to challenges and appeals of drug tests are confidential and exempt from public records requirements.Â Further provides for disclosure of such records to certain persons.Â Also exempts portions of a meeting at which confidential and exempt records are discussed or presented. Similar to SB 2202. Rep. Marcelo Llorente (R-Miami)

H. Policy and Budget Council: Reported favorably. Now on H. Calendar.

SB 520 Exemption/Controlled Substances: Creates a public record exemption for identifying information of a patient, health care practitioner, pharmacist, or pharmacy contained in records held by DOH under the electronic-monitoring system for prescription of controlled substances.Â "Identifying information" includes, but is not limited to, the name, address, telephone number, insurance plan number, social security number, or other unique identifying number.Â Similar to HB 895.Â Sen. Burt Saunders (R-Naples) L

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

SB 628 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Al Lawson (D-Tallahassee)

S. Governmental Operations Committee: A strike all amendment creating various exemptions for the Florida Workers' Compensation Joint Underwriting Association is adopted. As amended, CS/SB 628 creates public record exemptions for (1) underwriting files; (2) claims files until termination of all litigation and settlement of all claims arising out of the same accident; (3) records generated or obtained by an auditor pursuant to a routine audit until the audit is complete; (4) proprietary information licensed to the JUA under contract; (5) medical records; (6) records relating to an employee's participation in an employee assistance program; (7) information relating to negotiations for financing, reinsurance, etc., until conclusion of the negotiations; (8) reports provided to or submitted by the JUA regarding suspected fraud or other criminal activity until any investigation into such activity is closed or ceases to be active; (9) payroll information and client lists of employee leasing companies received from the Department of Revenue; and (10) records prepared by a JUA attorney reflecting a mental impression, conclusion, litigation strategy, or legal theory of the attorney. Allows disclosure under certain specified circumstances. Also creates an exemption for portions of meetings of the JUA's board of governors at which exempt information is to be discussed. Requires that all exempt portions of meetings be recorded and that the recordings be transcribed. Reported favorably as a CS. Now in S. Judiciary.

Senate: Passed the Senate unanimously. Now on H. Calendar.

CS/SB 1034 Exemption/Physician Workforce Surveys: Creates a public records exemption for all personal identifying information contained in records provided by licensed physicians in response to physician workforce surveys required as a condition of license renewal held by the Department of Health. Allows releaseÂ under certain specified circumstances. Sen. Jeff Atwater (R-North Palm Beach)

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

CS/HB 1117 Fraudulent Use of Personal Information: Amends s. 817.568, F.S., providing an enhanced penalty for fraudulent use of personal identification information relating to individuals 65 years of age or older.Â Similar to SB 2184.Â Rep. John Legg (R-Port Richey)

H. Policy and Budget Council: Reported favorably. Now on H. Calendar.

H. Policy and Budget Council: Reported favorably. Now on H. Calendar.

HB 1221 Exemption/Sunshine State One-Call: Creates a public records exemption for proprietary confidential business information held by Sunshine State One-Call for the purpose of describing the extent and root cause of damage to an underground facility or using the member ticket management software system.Â Stipulates that such information will be exempt from public disclosure only if the information (1) is treated by the company as confidential; (2) would be reasonably likely to be used by a competitor to harm the business interests of the company; and (3) is not otherwise readily ascertainable or publicly available "by proper means by other persons from another source in the same configuration as requested by the local government entity." Similar to SB 1510. Rep. Julio Robaina (R-Miami)

H. Government Efficiency & Accountability Council: Reported favorably. Now on H. Calendar.

CS/SB 1350 Exemption/Organ & Tissue Donation: In pertinent part, amended to stipulate that the records and meetings of the Florida Coalition on Donation, a private non-profit organization providing education and helping to coordinate the statewide organ and tissue donation program, are open to the public in accordance with s. 119.07(1), F.S., s. 286.011, F.S.,Â and Art. I, s.24, Fla. Con., unless otherwise made exempt by law.Â Similar to HB 455.Â Sen. Steve Oelrich (R-Gainesville)

S. Transportation Committee: A lengthy amendment making technical changes is adopted; reported favorably with one amendment. Now in S. Transportation and Economic Development Appropriations Committee.

SB 1760 Public Records/Inspection & Copying: Stipulates that a custodian of a public record or any person who has custody of public records may designate another officer or employee of the agency to permit inspection and copying of the records and requires disclosure of the identity of the designee to the person requesting the records.Â Requires a prompt and good faith response to requests to inspect or copy public records.Â Finally, stipulates that a custodian or designee be available to respond to public record requests during the regular business hours of the office at which the requested records are maintained.Â Similar to HB 541.Â Rep. Charlie Justice (D-St. Petersburg) J

S. Governmental Operations Committee: A clarifying amendment is adopted. As amended, stipulates that a custodian or the custodian's designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. Reported favorably with one amendment. Now in S. Judiciary.

SB 2202 Exemption/High School Drug Tests: Creates a public record exemption for records relating to drug tests and to challenges and appeals of drug tests.Â Also creates an exemption for those portions of a meeting at which confidential and exempt records are discussed or presented. Similar to HB 463. Sen. J. Alex Villalobos (R-Miami)

S. Education Pre-K Committee: Reported favorably. Now in S. Governmental Operations.

SB 2406 Exemption/Historic St. Augustine - Donors: Creates a public record exemption for the identity of a donor or prospective donor to the historic preservation of St. Augustine if the donor or prospective donor wishes to remain anonymous. Similar to HB 853. Sen. James King (R- Jacksonville)

S. Higher Education Committee: Reported favorably. Now in S. Governmental Operations.

New Bills Filed

HB 7125 OGSR/Financial Account Numbers: Reenacts without modification the public record exemption for bank account and debit, charge, and credit card numbers under s. 119.071(5)(b).Â Similar to SB 1348 and SB 1468.Â H. Government Efficiency & Accountability Council

HB 7127 OGSR/Identifying Information - Optional Retirement Program: Reenacts with minor modification s. 121.4501, F.S., providing an exemption for personal identifying information of participants in the Public Employee Optional Retirement Program. Similar to SB 1492.Â Â H. Government Efficiency & Accountability Council

HB 7129 OGSR/Public Service Tax: Repeals s. 166.236, F.S., providing an exemption for information received by a taxing authority or its agent in connection with an audit of public service taxes collected by a telecommunications service provider. Similar to SB 1452.Â H. Government Efficiency & Accountability Council J

HB 7131 OGSR/Abandoned Newborns: Reenacts without modification the exemption in s. 383.51, F.S., for the identity of parents leaving newborn infants at hospitals, fire stations, or emergency medical services stations. Similar to SB 1950.Â H. Government Efficiency & Accountability Council

HB 7133 OGSR/Abandoned Property Records: Reenacts and amends s. 717.117, F.S., providing an exemption for social security numbers and financial account numbers in reports to the Department of Financial Services of abandoned or unclaimed property.Â As amended,Â stipulates that social security numbers and property identifiers contained in reports to the Department of Financial Services of abandoned or unclaimed property are confidential and exempt.Â "Property identifier" is defined as the descriptor used to identify unclaimed property.Â Similar to SB 1848.Â H. Government Efficiency & Accountability Council

HB 7135 OGSR/Building Plans: Reenacts with minor technical modification the public exemption in s. 119.071(3)(b), F.S., for building plans, blueprints, schematics drawings, and diagrams which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency.Â Similar to SB 886.Â H. Government Efficiency & Accountability Council

HB 7137 OGSR/Law Enforcement Transmittal Letters: Reenacts and amends the public record exemption in s. 119.071(2)(c)2, F.S., for requests made by a law enforcement agency to inspect or copy a public record in the custody of another agency.Â As amended, stipulates that a request made by a law enforcement agency to inspect or copy a public record that is in the custody of another agency and the custodian's response to the request, are exempt during the period in which the information constitutes active criminal intelligence information or active investigative information. Also stipulates that the law enforcement agency that made the request to inspect or copy a public record shall give notice to the custodial agency when such information is no longer active so that all such information would be become available to the public.Â Similar to SB 7137.Â H. Government Efficiency & Accountability Council

HB 7153 OGSR/DOI - Personal Financial and Identifying Information: Amends and slightly expands the exemption provided by s. 624.23, F.S., for personal financial and health information of a consumer held by the Department of Insurance (DOI) or its service providers.Â As amended, exempts personal financial and health information held by DOI and the Department of Financial Services relating to a consumer's complaint or inquiry regarding matters regulated under the Florida Insurance Code.Â Provides a definition of "personal financial and health information."Â Similar to SB 1852.Â H. Government Efficiency & Accountability Council

2007 LEGISLATIVE REPORT FOR PERIOD ENDING APRIL 20

2007 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 20

CS/SB 116 Use of Name/Armed Forces: Prohibits the use of a name or image of a member of the armed forces for the purpose of trade or for any commercial or advertising purpose. Provides certain exceptions. Similar to HB 1159. Sen. Jeff Atwater (R-North Palm Beach)

Senate: A strike-all amendment is adopted. As amended, CS/SB 116, amends s. 540.08, F.S., relating to the unauthorized publication of a person's name or likeness, to stipulate that use of the name, portrait, photograph, or other likeness of a member of the armed forces is used for a commercial purpose without consent is subject to a civil penalty of $1,000 per violation. Passed the Senate unanimously. Now in H. Messages.

HB 131 Exemption/Florida Opportunity Fund: Creates a public record exemption for proprietary confidential business information concerning alternative investments of the Florida Opportunity Fund.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 2612.Â Rep. Michael Grant (R-Port Charlotte)

H. Economic Expansion & Infrastructure Council: A strike-all amendment making significant changes and expanding the exemption is adopted. As amended, creates a public record exemption for (1) materials relating to methods of manufacture or production, potential trade secrets, or patentable material received, generated, ascertained, or discovered during the course of research; (2) information identifying investors or potential investors who desire anonymity; (3) information that would otherwise be confidential or exempt received from another state or nation; and (4) proprietary confidential business information until 10 years after termination of the alternative investment held by the Florida Opportunity Fund. Defines "proprietary confidential business information" as information owned or controlled by the proprietor that is intended to be and is treated as private, the disclosure of which would harm the business interests of the proprietor and has not been intentionally disclosed. Also creates an exemption for portions of meetings at which exempt information is discussed. Requires that such meetings be record but creates an exemption for transcripts and minutes of exempt portions of minutes. Allows access under certain specified conditions and stipulates that any lawsuit to compel access must be brought in Orange County. Reported favorably as a committee substitute. Now in H. Policy & Budget.

HB 213 Trust in Elections Act: In pertinent part, stipulates that all electronic voting systems approved by the Department of State must produce (1) a voter-verifiable paper record suitable for a manual audit and (2) a permanent paper record made available for inspection and verification by the voter at the time the vote is cast.Â Finally, requires that the voter be provided an opportunity to correct any error made by the system before the permanent record is preserved for use in any manual audit.Â Provides a penalty for the unauthorized removal from a polling place of paper records produced by an electronic voting machine.Â Rep. Dorothy Hukill (R-Daytona Beach) J

H. Economic Expansion & Infrastructure Council: Three amendments, including one strike-all amendment are adopted. As amended, requires that all voting be conducted by marksense ballots (optical scanners), and permits supervisors of elections to print individual marksense ballots through the use of ballot-on-demand technology for use in early voting and election-day voting. Also contains provisions regarding required audits. Reported favorably as a committee substitute. Now in H. Policy & Budget.

HB 253 Prohibition/Publication of Names: Makes minor modifications to s. 742.09, F.S., stipulating that it is unlawful to publish the name of any of the parties involved in a court proceeding to determine paternity, to allow publication for the limited purpose of service of process. Similar to SB 2870.Â Â

H. Safety & Security Council: Reported favorably. Now on H. Calendar.

HB 541 Public Records/Inspection & Copying: Stipulates that a custodian of public records may designate another officer or employee of the agency to permit the inspection and copying of public records. The identity of the records custodian designee must be disclosed. Also stipulates that a custodian or the designee must respond to requests promptly and in good faith and that a custodian or designee be available to respond to requests for public records during regular business hours of the office at which public records are maintained.Â Finally, requires that a custodian or his or her designee be available to respond to public record requests during regular business hours of the office at which such records are maintained.Â Similar to SB 1760.Â Rep. Shelley Vana (D-West Palm Beach) J

H. Government Efficiency & Accountability Council: A clarifying amendment is adopted. As amended, stipulates that a custodian or the custodian's designee must acknowledge requests to inspect or copy records promptly and respond to such requests in good faith. Reported favorably as a committee substitute. Now on H. Calendar.

CS/SB 560 Ad Valorem Tax Data: Amends s. 195.052, F.S., requiring the Department of Revenue to annually publish data relating to ad valorem tax data, to stipulate that certain ad valorem tax data must include the annual percentage increase in total non-voted ad valorem taxes levied by each municipality and county, and as well as information on the distribution of ad valorem taxes levied among the various classifications of property.Â Similar to HB 153.Â Sen. Jeff Atwater (R-North Palm Beach) J

S. Finance and Tax Committee: Two amendments changing the effective dates of certain requirements are adopted; reported favorably as a committee substitute. Now in s. Government Appropriations.

CS/SB 816 OGSR/Law Enforcement Transmittal Letters: Reenacts with some modification the public records exemption in s. 119.071(2)(c)2., F.S., for requests made by a law enforcement agency to inspect or copy a public record in the custody of another agency.Â As amended, stipulates that a request made by a law enforcement agency to inspect or copy a public record that is in the custody of another agency and the custodian's response to the request, and any information that would identify whether a law enforcement agency has requested or received that public record, are exempt, during the period in which the information constitute active criminal intelligence information or active investigative information. Also stipulates that the law enforcement agency that made the request to inspect or copy a public record shall give notice to the custodial agency when such information is no longer active so that all such information would be become available to the public. Similar to HB 7137.Â S. Criminal Justice Committee

Senate: Passed unanimously. Now in H. Messages.

SB 886 OGSR/Building Plans: Reenacts with minor technical modification the public exemption in s. 119.071(3)(b), F.S., for building plans, blueprints, schematics drawings, and diagrams which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency.Â Similar to HB 7135.Â S. Committee on Military Affairs and Domestic Security

Senate: Passed unanimously. Now in H. Messages.

SB 950 Exemption/Agency Medical Records: Creates a public record exemption for medical records held by an agency.Â Defines "medical record" as any patient-specific record created by a health care practitioner for the purpose of diagnosing or treating an illness.Â S. Health Care Committee

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

H. Economic Expansion & Infrastructure Committee: Reported favorably. Now in H. Policy & Budget.

House: Passed unanimously. Now in S. Messages.

House: Passed unanimously. Now in S. Messages.

HB 1159Â Use of Name/Armed Forces: As amended, stipulates that a person may not use a name or image of a member of the armed forces for the purpose of trade or for any commercial or advertising purpose. Also provides that the phrase "commercial or advertising purpose" does not include the publication of such information when used in connection with a news story or editorial commentary in a print of electronic version of a newspaper or magazine. Similar to SB 116. Rep. Denise Grimsley (R-Sebring)

H. Government Efficiency & Accountability Council: A strike-all amendment is adopted. As amended, amends s. 540.08, F.S., relating to the unauthorized publication of a person's name or likeness, to stipulate that use of the name, portrait, photograph, or other likeness of a member of the armed forces is used for a commercial purpose without consent is subject to a civil penalty of $1,000 per violation. Reported favorably as committee substitute. Now in H. Policy & Budget.

SB 1174 Trust in Elections Act: In pertinent part, stipulates that all electronic voting systems approved by the Department of State must produce (1) a voter-verifiable paper record suitable for a manual audit and (2) a permanent paper record made available for inspection and verification by the voter at the time the vote is cast.Â Finally, requires that the voter be provided an opportunity to correct any error made by the system before the permanent record is preserved for use in any manual audit.Â Provides a penalty for the unauthorized removal from a polling place of paper records produced by an electronic voting machine.Â Similar to HB 213.Â Sen. Paula Dockery (R-Lakeland) J

S. Ethics and Elections Committee: A strike-all amendment is adopted. As amended, CS/SB 1174 in pertinent requires all electronic voting machines to make a paper record for each vote cast available and provide standardized reporting of election results as determined by the Department of State. Requires the DOS to adopt rules regarding the reporting of election results. Also requires random audits by each supervisor of elections immediately following certification of an election. Reported favorably. Now in S. Judiciary.

CS/SB 1350 Organ & Tissue Donation: In pertinent part, amended to stipulate that the records and meetings of the Florida Coalition on Donation, a private non-profit organization providing education and helping to coordinate the statewide organ and tissue donation program, are open to the public in accordance with s. 119.07(1), F.S., s. 286.011, F.S.,Â and Art. I, s.24, Fla. Con., unless otherwise made exempt by law.Â Similar to HB 455.Â Sen. Steve Oelrich (R-Gainesville)

S. Governmental Operations Committee: Reported favorably. Now in S. Transportation and Economic Development Appropriations.

HB 1405 Exemption/Historic Landmarks - Donors: Creates a public records exemption for 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 any publicly owned house museum that is designated by the U.S. Dept. of Interior as a National Historic Landmark. Also creates a an exemption for portions of meetings at which such information is presented or discussed.Â Similar to SB 2772.Â Rep. Edward Bullard (D-Miami)

H. Government Efficiency & Accountability Council: A strike-all amendment is adopted. As amended, creates a public record exemption for information identifying a donor or prospective donor to certain publicly owned house museums if such persons desire to remain anonymous. Reported favorably as a committee substitute. Now on H. Calendar.

Senate: Passed unanimously. Now in H. Messages.

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

SB 1950 OGSR/Abandoned Newborns: Reenacts with minor technical modification the exemption in s. 383.51, F.S., for the identity of parents leaving newborn infants at hospitals, fire stations, or emergency medical services stations. Similar to HB 7131.Â S. Children, Families and Elder Affairs Committee

Senate: Passed unanimously. Now in H. Messages.

SB 2024 Exemption/Alternative Energy Technology: Creates a public record exemption for the following information held by the Alternative Energy Technology Center: (1) the identity of a business that may be recruited and all negotiations to recruit a business to locate in Florida, with the stipulation that such information becomes public at the conclusion or termination of the recruitment process; (2) proprietary business information obtained from a business entity; (3) material related to methods of manufacture or production; (4) potential and actual trade secrets; (5) patentable material; (6) proprietary information received, generated, ascertained, or discovered during the course of research conducted by or through the Center; (7) the identity of a donor or potential donor who requests anonymity; (8) information received from another person, state, or nation that would otherwise be confidential or exempt; and (9) any record generated during portions of exempt meetings.Â Also creates an exemption for portions of board meetings during which exempt information is presented or discussed.Â Allows limited disclosure under certain specified conditions.Â Sen. Mike Bennett (R-Bradenton)

S. Communications and Public Utilities Committee: A strike-all amendment making various technical changes is adopted; reported favorably as a committee substitute. Now in S. Governmental Operations.

S. Governmental Operations Committee: One technical amendment adopted. Reported favorably as a committee substitute. Now in S. Rules.

S. Governmental Operations Committee: A strike all amendment is adopted. As amended, As amended, creates a public record exemption for (1) materials relating to methods of manufacture or production, potential trade secrets, patentable material, actual trade secrets, or proprietary information received, generated, ascertained, or discovered during the course of research; (2) information identifying investors or potential investors in projects reviewed by the Florida Technology, Research, and Scholarship Board who desire anonymity; and (3) information that would otherwise be confidential or exempt received from another state or nation, held by the Board. Also exempts portions of meetings at which exempt information is discussed, as well as all records generated during the exempt meeting. Allows disclosure under certain specified conditions. Reported favorably as a committee substitute. Now in S. Rules.

CS/SB 2422 Exemption/SURE Venture Capital Fund: Creates a public records exemption for records relating to proprietary business information related to state-supported research projects held by the SURE Venture Capital Fund and the Institute for Commercialization of Public Research. Also creates an exemption for portions of meetings of the board during which exempt information is presented or discussed. Allows limited disclosure under certain specified conditions.Â Similar to HB 1527. Sen. Jeremy Ring (D-Margate)

S. Governmental Operations Committee: A strike-all amendment is adopted. As amended, creates a public record exemption for (1) materials relating to methods of manufacture or production, potential trade secrets, or patentable material received, generated, ascertained, or discovered during the course of research; (2) information identifying investors or potential investors who desire anonymity; (3) information that would otherwise be confidential or exempt received from another state or nation; and (4) proprietary confidential business information until 10 years after termination of the alternative investment. Defines "proprietary confidential business information" as information owned or controlled by the proprietor that is intended to be and is treated as private, the disclosure of which would harm the business interests of the proprietor and has not been intentionally disclosed. Also creates an exemption for portions of meetings at which exempt information is discussed. Requires that such meetings be record but creates an exemption for transcripts and minutes of exempt portions of minutes. Allows access under certain specified conditions and stipulates that any lawsuit to compel access must be brought in Orange County. Reported favorably as a committee substitute. Now in S. Rules.

SB 2546 Child Abuse Reporting: Requires health care practitioners and other specified agencies and agency personnel to report a pregnancy of a child under 16 years of age to certain law enforcement agencies under certain circumstances. Similar to HB 1425.Â Sen. Ronda Storms (R-Brandon)

S. Children, Families, and Elder Affairs Committee: Killed in committee by a vote of 3/4.

SB 2612 Exemption/Florida Opportunity Fund: Creates a public records exemption for proprietary confidential business information concerning alternative investments of the Florida Opportunity Fund.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. Similar to HB 131.Â Sen. Jeremy Ring (D-Margate)

S. Governmental Operations Committee: As amended, creates a public record exemption for (1) materials relating to methods of manufacture or production, potential trade secrets, or patentable material received, generated, ascertained, or discovered during the course of research; (2) information identifying investors or potential investors who desire anonymity; (3) information that would otherwise be confidential or exempt received from another state or nation; and (4) proprietary confidential business information until 10 years after termination of the alternative investment held by the Florida Opportunity Fund. Defines "proprietary confidential business information" as information owned or controlled by the proprietor that is intended to be and is treated as private, the disclosure of which would harm the business interests of the proprietor and has not been intentionally disclosed. Also creates an exemption for portions of meetings at which exempt information is discussed. Requires that such meetings be record but creates an exemption for transcripts and minutes of exempt portions of minutes. Allows access under certain specified conditions and stipulates that any lawsuit to compel access must be brought in Orange County. Reported favorably as a committee substitute. Now in S. Rules.

SB 2870 Prohibition/Publication of Names: In pertinent part, amends s. 742.09, F.S., stipulating that it is unlawful to publish the name of any of the parties involved in a court proceeding to determine paternity except for the purpose of serving process by publication. Similar to HB 253.Â S. Committee on Children & Families

S. Judiciary Committee: Various amendments making minor changes are adopted; reported favorably as a committee substitute. Now in S. General Government Appropriations.

NEW BILLS FILED

HB 7159 Exemption/Lifeline Assistance Plan Participants: Creates a public record exemption for personal identifying information of participants in the Lifeline Assistance Plan held by the Public Service Commission.Â Allows disclosure under certain specified conditions.Â H. Jobs & Entrepreneurship Council

HB 7169 Exemption/Worker's Compensation: Creates public record exemptions for (1) underwriting files; (2) claims files until termination of all litigation and settlement of all claims arising out of the same accident; (3) records generated or obtained by an auditor pursuant to a routine audit until the audit is complete; (4) proprietary information licensed to the Worker's Compensation Joint Underwriter's Association under contract; (5) medical records; (6) records relating to an employee's participation in an employee assistance program; (7) information relating to negotiations for financing, reinsurance, etc., until conclusion of the negotiations; (8) reports provided to or submitted by the JUA regarding suspected fraud or other criminal activity until any investigation into such activity is closed or ceases to be active; (9) payroll information and client lists of employee leasing companies received from the Department of Revenue; and (10) records prepared by a JUA attorney reflecting a mental impression, conclusion, litigation strategy, or legal theory of the attorney.Â Allows disclosure under certain specified circumstances.Â Also creates an exemption for portions of meetings of the JUA's board of governors at which exempt information is to be discussed.Â Requires that all exempt portions of meetings be recorded and that the recordings be transcribed.Â Similar to CS/SB 682.Â H. Jobs & Entrepreneurship Council

2007 LEGISLATIVE REPORT FOR PERIOD ENDING APRIL 27

2007 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 27

H. Jobs & Entrepreneurship Council: Reported favorably.

House: Passed unanimously. Now in S. Messages.

CS/HB 131 Exemption/Florida Opportunity Fund: Creates a public record exemption for (1) materials relating to methods of manufacture or production, potential trade secrets, or patentable material received, generated, ascertained, or discovered during the course of research; (2) information identifying investors or potential investors who desire anonymity; (3) information that would otherwise be confidential or exempt received from another state or nation; and (4) proprietary confidential business information until 10 years after termination of the alternative investment held by the Florida Opportunity Fund. Defines "proprietary confidential business information" as information owned or controlled by the proprietor that is intended to be and is treated as private, the disclosure of which would harm the business interests of the proprietor and has not been intentionally disclosed.Â Also creates an exemption for portions of meetings at which exempt information is discussed.Â Requires that such meetings be recorded but creates an exemption for transcripts and minutes of exempt portions of minutes.Â Allows access under certain specified conditions and stipulates that any lawsuit to compel access must be brought in Orange County. Similar to SB 2612.Â Rep. Michael Grant (R-Port Charlotte)

H. Policy & Budget Council: A strike-all amendment expanding the exemption to include the Institute for Commercialization of Public Research and creating similar exemptions for the Florida Technology, Research, and Scholarship Board is adopted. Reported favorably as a committee substitute.

House: Passed unanimously. Now in S. Messages.

House: Passed unanimously. Now in S. Messages.

SB 630 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Al Lawson (D-Tallahassee)

S. Governmental Operations Committee: A strike-all amendment creating a public record exemption for personal identifying information of participants in the Lifeline Assistance Plan held by the Public Service Commission and allowing disclosure under certain specified conditions is adopted. Reported favorably as a committee substitute. Now in S. Rules.

SB 632 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Al Lawson (D-Tallahassee)

S. Governmental Operations Committee: A strike-all amendment creating a public record exemption for U.S. Census Bureau information including maps showing structure location points, address verification records, and address error or omission records held by an agency pursuant to federal law is adopted. Reported favorably as a committee substitute. Now in S. Rules.

House: Passed unanimously. Now in S. Messages.

CS/SB 1174 Trust in Elections Act: In pertinent part, requires all electronic voting machines to make a paper record for each vote cast available and provide standardized reporting of election results as determined by the Department of State.Â Requires the DOS to adopt rules regarding the reporting of election results.Â Also requires random audits by each supervisor of elections immediately following certification of an election.Â Similar to HB 213.Â Sen. Paula Dockery (R-Lakeland)

S. Judiciary Committee: Reported favorably. Now in S. Transportation and Economic Development Appropriations.

SB 1182 Exemption/Economic Development Agencies: Amends s. 288.075, F.S., allowing an exemption for certain records of an economic development agency, to provide a definition of "proprietary confidential business information" and "trade secret."Â Expands current law to allow an exemption for such information in perpetuity.Â Also provides an exemption for economic incentive program information held by an EDA, including the average wage actually paid by a participating business for those jobs created pursuant to the program which is held as evidence of achievement or nonachievement of program requirements.Â Similar to HB 7201. S. Commerce Committee

S. Governmental Operations Committee: A strike-all amendment is adopted. As amended, CS/SB 1182 creates an exemption for trade secrets and federal identification number, unemployment compensation account numbers, or Florida sales tax registration numbers held by an economic development agency (EDA). Also exempts proprietary confidential business information held by an EDA until such information is no longer treated as such by the proprietor.

In addition, creates exemption for certain specified information held by an EDA pursuant to the administration of an economic incentive program for qualified business, stipulating that the exemption applies only for the duration of the incentive agreement and expires if the incentive agreement is terminated.Â Reported favorably as a committee substitute.Â Now on S. Calendar.

S. Transportation and Economic Development Appropriations Committee: Reported favorably. Now on S. Calendar.

CS/HB 1405 Exemption/Historic Landmarks - Donors: Creates a public records exemption for information identifying a donor or prospective donor to certain publicly owned house museums if such persons desire to remain anonymous.Â Similar to SB 2772.Â Rep. Edward Bullard (D-Miami)

House: Passed unanimously. Now in S. Messages.

SB 1468 OGSR/Social Security Numbers & Personal Financial Information: Reenacts with minor modification s. 119.071(5), F.S., providing an exemption for social security numbers and personal financial information held by an agency.Â Similar to HB 7197. S. Governmental Operations Committee

S. Governmental Operations Committee: A strike-all amendment making minor technical changes is adopted. Reported favorably as a committee substitute. Now on S. Calendar.

Senate: Passed unanimously. Now in H. Messages.

CS/SB 1848 OGSR/Abandoned Property Records: Reenacts and amends s. 717.117, F.S., providing an exemption for social security numbers and financial account numbers in reports to the Department of Financial Services of abandoned or unclaimed property.Â As amended,Â stipulates that social security numbers and property identifiers contained in reports to the Department of Financial Services of abandoned or unclaimed property are confidential and exemptÂ S. Banking and Insurance Committee

Senate: Passed unanimously. Now in H. Messages.

CS/SB 1850 OGSR/DOI - Workpapers: Reeancts and amends s. 624.319, F.S., providing an exemption for examination reports, investigative records, and workpapers held by or provided to the Department of Insurance (DOI). As amended, defines "workpapers" to mean records of the procedures followed, tests performed, information obtained, and conclusions reached in certain examinations or investigations.Â Additionally, provides that after an examination report is filed or an investigation is completed or ceases to be active, portions of workpapers may remain confidential and exempt under certain circumstances.Â Similar to HB 7187.Â S. Banking and Insurance Committee

S. Governmental Operations Committee: A strike-all amendment is adopted.

As amended, exempts examination reports until filed, investigation reports, and workpapers and other information held by or provided to DOI in performance of its examination or investigation duties until the examination report is filed or the investigation is complete or no longer active.Â Now on S. Calendar.

Senate: Passed unanimously. Now in H. Messages.

SB 2772 Exemption/Historic Landmarks - Donors: Creates a public records exemption for the name and other information that identifies a potential or actual donor of funds to any publicly owned house museum that is designated by the U.S. Dept. of Interior as a National Historic Landmark, as well as information about the donation. Also creates a an exemption for portions of meetings at which such information is presented or discussed. Similar to HB 1405. Sen. Larcenia Bullard (D-Miami)

S. Community Affairs Committee: A strike-all amendment is adopted. As amended, creates a public records exemption for information identifying a donor or prospective donor to certain publicly owned house museums if such persons desire to remain anonymous. Reported favorably as a committee substitute. Now in S. Governmental Operations.

House: Passed unanimously. Now in S. Messages.

House: Passed unanimously. Now in S. Messages.

NEW BILLS FILED

HB 7187 OGSR/DOI - Workpapers: Reeancts and amends s. 624.319, F.S., providing an exemption for examination reports, investigative records, and workpapers held by or provided to the Department of Insurance (DOI). As amended, defines "workpapers" to mean records of the procedures followed, tests performed, information obtained, and conclusions reached in certain examinations or investigations and exempts examination reports until filed, investigation reports, and workpapers and other information held by or provided to DOI in performance of its examination or investigation duties until the examination report is filed or the investigation is complete or no longer active. Additionally, provides that after an examination report is filed or an investigation is completed or ceases to be active, portions of workpapers may remain confidential and exempt under certain circumstances.Â Similar to SB 1850.Â H. Government Efficiency & Accountability Council

House: Passed unanimously. Now in S. Messages.

HB 7193 Exemption/U.S. Census Information: Creates a public record exemption for U.S. Census Bureau information including maps showing structure location points, address verification records, and address error or omission records held by an agency pursuant to federal law.Â Similar to CS/SB 632.Â H. Government Efficiency & Accountability Council

House: Passed unanimously. Now in S. Messages.

HB 7197 OGSR/Social Security Numbers & Personal Financial Information: Reenacts with minor modification s. 119.071(5), F.S., providing an exemption for social security numbers and personal financial information held by an agency.Â Similar to SB 1468.Â H. Government Efficiency & Accountability Council

House: Passed unanimously. Now in S. Messages.

HB 7201 Exemption/Economic Development Agencies: Creates an exemption for trade secrets and federal identification number, unemployment compensation account numbers, or Florida sales tax registration numbers held by an economic development agency (EDA).Â Also exempts proprietary confidential business information held by an EDA until such information is no longer treated as such by the proprietor.Â In addition, creates exemption for certain specified information held by an EDA pursuant to the administration of an economic incentive program for qualified business, stipulating that the exemption applies only for the duration of the incentive agreement and expires if the incentive agreement is terminated.Â Similar to SB 1182.Â H. Government Efficiency & Accountability Council

House: Passed by a vote of 116/1 (Rep. Susan Bucher voting no). Now in S. Messages.

HB 7217 Exemption/Auto Insurance Records: Creates a public record exemption for reports of auto insurance policy cancellations, renewals, and the issuance of new auto insurance policies held by the Department of Highway Safety and Motor Vehicles.Â Allows disclosure under certain specified conditions.Â H. Rules & Calendar Council

2007 LEGISLATIVE REPORT FOR PERIOD ENDING MAY 5

2007 LEGISLATIVE REPORT FOR PERIOD ENDING MAY 5

What follows is a list of all the bills we tracked during the 2007 Legislative Session, and the final action on each bill.Â You will find a description of each bill that passed the 2007 Legislature starting on page 8.

Final Action/Open Government Bills

2007 Legislative Session

HB 43, SB 342 and SB 2242, Voting Systems

Rep. Ari Abraham Porth (D-Coral Springs); Sen. Frederica Wilson (D-Miami Gardens); Sen.Â Jeremy Ring (D-Margate)

All three bills died in committee.

HB 63 and CS/SB 186, Exemption/Domestic Violence Victims

Rep. Ari Abraham Porth (D-Coral Springs); Sen. Dave Aronberg (D-Greenacres)

HB 63 PASSED the Legislature; CS/SB 186 was tabled. See HB 63.

CS/SB 116 and CS/HB 1159, Armed Forces/Use of Name

Sen. Jeff Atwater (R-North Palm Beach); Rep. Denise Grimsley (R-Sebring)

CS/SB 116 PASSED the Legislature; CS/HB 1159 was tabled. See CS/SB 116.

CS/HB 131 and CS/SB 2612, Exemption/Florida Opportunity Fund

Rep. Michael Grant (R-Port Charlotte); Sen. Jeremy Ring (D-Margate)

CS/HB 131 PASSED the Legislature; CS/SB 2612 died on the S. Calendar. See CS/HB 131.

CS/HB 153 and CS/SB 560, Ad Valorem Tax Data

Rep. Jack Seiler (D-Pompano Beach); Sen. Jeff Atwater (R-North Palm Beach)

Both bills died on their respective calendars.

CS/HB 213 and CS/SB 1174, Trust in Elections Act

Rep. Dorothy Hukill (R-Daytona Beach Shores); Sen. Paula Dockery (R-Lakeland)

CS/HB 213 died on the H. Calendar; CS/SB died in committee.

HB 231 and SB 726, DBPR/Building Inspectors

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

Both bills died in committee.

HB 253, SB 1682, CS/SB 2870 and HB 7107, Paternity Publication

Rep. Curtis Richardson (D-Tallahassee); Sen. Al Lawson (D-Tallahassee); S. Children & Families Committee; H. Healthcare Council

HB 253 passed the House and died in S. Messages; SB 1682 died in committee; CS/SB 2870 was tabled; HB 7107 PASSED the Legislature. See HB 7107.

HB 375 and SB 1340, Exemption/Home Addresses - EMTs

Rep. Trudi Williams (R-Ft. Myers); Sen. Dave Aronberg (D-Greenacres)

Both bills died in committee.

HB 377 and SB 462, Voting Systems

Rep. Susan Bucher (D-West Palm Beach); Sen. Gary Siplin (D-Orlando)

Both bills died in committee.

CS/HB 455 and CS/SB 1350, Organ & Tissue Donation Program

Rep. Larry Cretul (R-Ocala); Sen. Steve Oelrich (R-Gainesville)

CS/HB 455 PASSED the Legislature; CS/SB 1350 was tabled. See CS/HB 455.

HB 457 and SB 884, Patient's Right to Know Act

Rep. Kelly Skidmore (D-Boca Raton); Sen. Nan Rich (D-Sunrise)

Both bills died in committee.

CS/HB 463 and SB 2202, Exemption/Drug Tests - High School Athletes

Rep. Marcelo Llorente (R-Miami); Sen. Alex Villalobos (R-Miami)

CS/HB 463 PASSED the Legislature; SB 2202 was tabled. See CS/HB 463.

HB 467 and CS/SB 2624, Exemption/Public Hospital CEOs

Rep. Larry Cretul (R-Ocala); Sen. Steve Oelrich (R-Gainesville)

Both bills died in committee.

SB 520 and HB 895, Exemption/Controlled Substances Database

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

Both bills died in committee.

CS/HB 541 and SB 1760, Custodians/Public Records

Rep. Shelley Vana (D-West Palm Beach); Sen. Charlie Justice (D-St. Petersburg)

CS/HB 541 was tabled; SB 1760 PASSED the Legislature. See SB 1760.

SB 608 and HB 961, Exemption/Land Acquisition

Sen. Steve Geller (D-Hallandale Beach); Rep. Julio Robaina (R-Miami)

Both bills died in committee.

CS/SB 628 and HB 7169, Exemption/Worker's Compensation JUA

Sen. Al Lawson (D-Tallahassee); H. Jobs & Entrepreneurship Council

CS/SB 628 was tabled; HB 7169 PASSED the Legislature. See HB 7169.

CS/SB 630 and HB 7159, Exemption/Lifeline Assistance Plan

Sen. Al Lawson (D-Tallahassee); H. Jobs & Entrepreneurship Council

CS/SB 630 was tabled; HB 7159 PASSED the Legislature. See HB 7159.

CS/SB 632 and HB 7193, Exemption/U.S. Census Information

Sen. Al Lawson (D-Tallahassee); H. Government Efficiency & Accountability Council

CS/SB 632 was tabled; HB 7193 PASSED the Legislature. See HB 7193.

SB 634, Exemption/Shell Bill

Sen. Al Lawson (D-Tallahassee)

Died in committee.

HB 717, Sealing Criminal History Records

Rep. Chuck Chestnut (D-Gainesville)

Withdrawn from consideration.

SB 734 and HB 749, Campaign Financing/Local Governments

Sen. Charlie Justice (D-St. Petersburg); Rep. John Legg (R-Port Richey)

Both bills died in committee.

SB 766, Exemption/Shell Bill - Electronic Health Records

Sen. Jeff Atwater (R-North Palm Beach)

Died in committee.

CS/SB 816 and HB 7137, OGSR/Law Enforcement Transmittal Letters

S. Criminal Justice Committee; H. Government Efficiency & Accountability Council

CS/SB 816 PASSED the Legislature; HB 7137 was tabled. See CS/SB 816.

HB 825 and SB 1618, Exemption/Public Meetings - Pending Litigation

Rep. Matt Meadows (D-Lauderhill); Sen. Dave Aronberg (D-Greenacres)

HB 825 died in committee; SB 1618 was withdrawn prior to introduction.

CS/SB 830 and HB 1545, Exemption/DHSMV Records

Sen. Carey Baker (R-Eusis); Rep. Greg Evers (R-Milton)

CS/SB 830 PASSED the Legislature; HB 1545 was tabled. See CS/SB 830.

HB 853 and CS/SB 2406, Exemption/Donors - St. Augustine

Rep. Bill Proctor (R-St. Augustine); Sen. Jim King (R-Jacksonville)

HB 853 PASSED the Legislature; CS/SB 2406 was tabled. See HB 853.

SB 886 and HB 7135, OGSR/Building Plans

S. Military Affairs Committee; H. Government Efficiency & Accountability Council

SB 886 PASSED the Legislature; HB 7135 was tabled. See SB 886.

SB 950, Exemption/Medical Records

S. Health Policy Committee

Died in committee.

CS/SB 1034, Exemption/Physician Surveys

Sen. Jeff Atwater (R-North Palm Beach)

CS/SB 1034 PASSED the Legislature. See CS/SB 1034.

HB 1061 and SB 1650, Freedom of Speech & Press

Rep. Dave Murzin (R-Pensacola); Sen. Don Gaetz (R-Niceville)

Died in committee.

CS/SB 1076, Exemption/State University Research Corporation

Sen. Evelyn Lynn (R-Ocala)

Died in committee.

CS/HB 1117 and SB 2184, Fraud/Personal Identification Information

Rep. John Legg (R-Port Richey); Sen. Mike Fasano (R-New Port Richey)

CS/HB 1117 passed the House and died in S. Messages; SB 2184 died in committee.

CS/HB 1123, SB 2252 and SB 2350, Exemption/Florida Health Information Network

Rep. Denise Grimsley (R-Sebring); Sen. Jeremy Ring (R-Margate); Sen. Jeff Atwater (R-North Palm Beach)

CS/HB 1123 passed the House and died in S. Messages; both Senate bills died in committee.

CS/SB 1182 and HB 7201, Exemption/Economic Development Agencies

S. Commerce Committee; H. Government Efficiency & Accountability Council

CS/SB 1182 was tabled; HB 7201 PASSED the Legislature. See HB 7201.

HB 1211 and SB 2268, Distribution of Personal Identification Information

Rep. Bill Proctor (R-St. Augustine); Sen. Stephen Wise (R-Jacksonville)

Both bills died in committee.

HB 1213 and SB 2818, Exemption/Personal Identification Information

Rep. Ellyn Bogdanoff (R-Ft. Lauderdale); Sen. Victor Crist (R-Tampa)

Both bills died in committee.

HB 1221 and SB 1510, Exemption/Sunshine State One-Call

Rep. Julio Robaina (R-Miami); Sen. Dave Aronberg (D-Greenacres)

HB 1221 was tabled; SB 1510 PASSED the Legislature. See SB 1510.

SB 1240, Exemption/Shell Bill

Sen. Don Gaetz (R-Niceville)

Died in committee.

SB 1244, Exemption/Shell Bill

Sen. Don Gaetz (R-Niceville)

Died in committee.

SB 1264, Exemption/Shell Bill

Sen. Steve Oelrich (R-Gainesville)

Died in committee.

SB 1266, Exemption/Shell Bill

Sen. Steve Oelrich (R-Gainesville)

Died in committee.

HB 1323 and SB 2190, Juvenile Records

Rep. Perry Thurston (D-Ft. Lauderdale); Sen. Frederica Wilson (D-Miami Gardens)

Both bills died in committee.

HB 1337 and CS/SB 2390, Exemption/Boca Raton Community Hospital

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

Both bills died in committee.

CS/SB 1346, Chapter 119/Court Records

S. Judiciary Committee

Died in committee.

SB 1348, OGSR/Social Security Numbers - Court Records

S. Judiciary Committee

Died in committee.

CS/HB 1405 and CS/SB 2772, Exemption/Donors - Historic Landmarks

Rep. Edward Bullard (D-Miami); Sen. Larcenia Bullard (D-Miami)

CS/HB 1405 PASSED the Legislature; CS/SB 2772 was tabled. See CS/HB 1405.

HB 1425 and SB 2546, Child Abuse Reporting

Rep. Dennis Baxley (R-Ocala); Sen. Ronda Storms (R-Brandon)

HB 1425 died in committee; SB 2546 failed in committee.

SB 1452 and HB 7129, OGSR/Public Services Tax Audits

S. Communications Committee; H. Government Efficiency & Accountability Council

SB 1452 PASSED the Legislature; HB 7129 was tabled. See SB 1452.

CS/SB 1468 and HB 7197, OGSR/Social Security and Personal Financial Account Numbers

S. Governmental Operations Committee; H. Government Efficiency & Accountability Council

CS/SB 1468 was tabled; HB 7197 PASSED the Legislature. See HB 7197.

SB 1492 and HB 7127, OGSR/Retirement Records - Identifying Information

S. Governmental Operations Committee; H. Government Efficiency & Accountability Council

SB 1492 was tabled; HB 7127 PASSED the Legislature. See HB 7127.

HB 1523 and SB 2416, Exemption/SURE Venture, Inc.

Rep. Gayle Harrell (R- Port St. Lucie); Sen. Jeremy Ring (D-Margate)

HB 1523 died in committee; SB 2416 died on the S. Calendar. But see CS/HB 131.

HB 1527 and SB 2422, Exemption/SURE Venture Capital Fund

Rep. Gayle Harrell (R- Port St. Lucie); Sen. Jeremy Ring (D-Margate)

HB 1527 died in committee; SB 2422 was tabled. But see CS/HB 131.

SB 1576, Exemption/Shell Bill

Sen. Alex Villalobos (R-Miami)

Withdrawn from consideration.

SB 1590, Exemption/Shell Bill

Sen. Alex Villalobos (R-Miami)

Withdrawn from consideration.

CS/SB 1848 and HB 7133, OGSR/Abandoned Property Records

S. Banking and Insurance Committee; H. Government Efficiency & Accountability Council

CS/SB 1848 PASSED the Legislature; HB 7133 was tabled. See CS/SB 1848.

CS/SB 1850 and HB 7187, OGSR/DOI Workpapers

S. Banking and Insurance Committee; H. Government Efficiency & Accountability Council

CS/SB 1850 was tabled; HB 7187 PASSED the Legislature. See HB 7187.

SB 1852 and HB 7153, OGSR/DOI - Personal Identification Information

S. Banking and Insurance Committee; H. Government Efficiency & Accountability Council

SB 1853 PASSED the Legislature; HB 7153 was tabled. See SB 1852.

SB 1950 and HB 7131, OGSR/Abandoned Newborns

S. Children and Families Committee; H. Government Efficiency & Accountability Council

SB 1950 PASSED the Legislature; HB 7131 was tabled. See HB 7131.

SB 2024, Exemption/Florida Alternative Energy Center

Sen. Mike Bennett (R-Bradenton)

Died in committee.

SB 2156, Ex-Offenders - Employment Reports

Sen. Frederica Wilson (D-Miami Gardens)

Died in committee.

SB 2158, Criminal Records - Minors

Sen. Frederica Wilson (D-Miami Gardens)

Died in committee.

SB 2164, Voting Systems

Sen. Alex Villalobos (R-Miami)

Died in committee.

SB 2308 Juvenile Blood Tests

Sen. Frederica Wilson (D-Miami Gardens)

Died in committee.

SB 2510, Exemption/Ethics Commission Investigators

Sen. Alex Villalobos (R-Miami)

Died in committee.

SB 2706, Exemption/Seaport Authority - Criminal Investigations

Sen. Ronda Storms (R-Brandon)

Died in committee.

SB 2724, Exemption/Shell Bill

Sen. Evelyn Lynn (R-Ocala)

Died in committee.

SB 2726, Exemption/Shell Bill

Sen. Evelyn Lynn (R-Ocala)

Died in committee.

HB 7125, OGSR/Personal Financial Account Numbers

H. Government Efficiency & Accountability Council

Died in committee.

HB 7217, Exemption/DHSMV - Auto Insurance Policy Information

H. Rules & Calendar Committee

Died in committee.

OPEN GOVERNMENT BILLS PASSED IN 2007 SESSION

1)Â Â Â Â Â Â Â HB 63 Exemption/Domestic Violence - State Employees: Creates a public records 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 CS/SB 186.Â Rep. Ari Abraham Porth (D-Coral Springs)

Passed both chambers unanimously.

2)Â Â Â Â Â Â Â CS/SB 116 Use of Name/Armed Forces: Amends s. 540.08, F.S., relating to the unauthorized publication of a person's name or likeness, to stipulate that commercial use of theÂ name, portrait, photograph, or other likeness of a member of the armed forces without consent is subject to a civil penalty of $1,000 per violation. Similar to HB 1159. Sen. Jeff Atwater (R-North Palm Beach) DOES NOT CREATE AN EXEMPTION

Passed both chambers unanimously.

3)Â Â Â Â Â Â Â CS/HB 131 Exemption/Florida Opportunity Fund: Creates a public record exemption for (1) materials relating to methods of manufacture or production, potential trade secrets, or patentable material received, generated, ascertained, or discovered during the course of research; (2) information identifying investors or potential investors who desire anonymity; (3) information that would otherwise be confidential or exempt received from another state or nation; and (4) proprietary confidential business information until 10 years after termination of the alternative investment held by the Florida Opportunity Fund or the Institute for the Commercialization of Public Research. Defines "proprietary confidential business information" as information owned or controlled by the proprietor that is intended to be and is treated as private, the disclosure of which would harm the business interests of the proprietor and has not been intentionally disclosed.Â Also creates an exemption for portions of meetings at which exempt information is discussed.Â Requires that such meetings be record but creates an exemption for transcripts and minutes of exempt portions of minutes.Â Allows access under certain specified conditions and stipulates that any lawsuit to compel access must be brought in Orange County. Amended late in the session to create similar exemptions for the Florida Technology, Research, and Scholarship Board.Â Similar to SB 2612.Â Rep. Michael Grant (R-Port Charlotte)

Passed both chambers unanimously.

4)Â Â Â Â Â Â Â CS/HB 455 Organ & Tissue Donation Program: In pertinent part, amended to stipulate that the records and meetings of the Florida Coalition on Donation, a private non-profit organization providing education and helping to coordinate the statewide organ and tissue donation program, are open to the public in accordance with s. 119.07(1), F.S., s. 286.011, F.S.,Â and Art. I, s.24, Fla. Con., unless otherwise made exempt by law.Â Similar to SB 1350.Â Rep. Larry Cretul (R-Ocala) DOES NOT CREATE AN EXEMPTION

Passed both chambers unanimously.

5)Â Â Â Â Â Â Â CS/HB 463 Exemption/High School Drug Tests: As amended, creates a public record exemption for records relating to random drug tests of high school athletes. Provides for disclosure of such records to certain persons.Â Also exempts portions of a meeting at which confidential and exempt records are discussed or presented. Similar to SB 2202. Rep. Marcelo Llorente (R-Miami)

Passed both chambers unanimously.

6)Â Â Â Â Â Â Â CS/SB 816 OGSR/Law Enforcement Transmittal Letters: Reenacts with some modification the public records exemption in s. 119.071(2)(c)2., F.S., for requests made by a law enforcement agency to inspect or copy a public record in the custody of another agency.Â As amended, stipulates that a request made by a law enforcement agency to inspect or copy a public record that is in the custody of another agency and the custodian's response to the request, and any information that would identify whether a law enforcement agency has requested or received that public record, are exempt during the period in which the information requested constitutes active criminal intelligence information or active investigative information. Stipulates that the law enforcement agency that made the request to inspect or copy a public record shall give notice to the custodial agency when such information is no longer active so that all such information would be become available to the public. Similar to HB 7137.Â S. Criminal Justice Committee

Passed both chambers unanimously.

7)Â Â Â Â Â Â Â CS/SB 830 Driver History Records: Amends s. 119.0712(2), F.S., the Driver's Privacy Protection Act, to further restrict disclosure of a person's identification card number, social security number, photograph, medical disability information, and emergency contact information. Similar to HB 1545. Sen. Carey Baker (R-Eustis)

Passed both chambers unanimously.

8)Â Â Â Â Â Â Â HB 853 Exemption/Historic St. Augustine - Donors: Creates a public records exemption for the identity of a donor or prospective donor to the historic preservation of St. Augustine if the donor or prospective donor wishes to remain anonymous. Similar to SB 2406.Â Rep. Bill Proctor (R-St. Augustine)

Passed both chambers unanimously.

9)Â Â Â Â Â Â Â SB 886 OGSR/Building Plans: Reenacts with minor technical modification the public exemption in s. 119.071(3)(b), F.S., for building plans, blueprints, schematics drawings, and diagrams which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency.Â Similar to HB 7135.Â S. Committee on Military Affairs and Domestic Security

Passed both chambers unanimously.

10)Â Â Â Â Â Â CS/SB 1034 Exemption/Physician Workforce Surveys: Creates a public records exemption for all personal identifying information contained in records provided by licensed physicians in response to physician workforce surveys required as a condition of license renewal held by the Department of Health. Allows release under certain specified circumstances. Sen. Jeff Atwater (R-North Palm Beach)

Passed both chambers unanimously.

11)Â Â Â Â Â Â CS/HB 1405 Exemption/Historic Landmarks - Donors: Creates a public records exemption for information identifying a donor or prospective donor to certain publicly owned house museums if such persons desire to remain anonymous.Â Similar to SB 2772.Â Rep. Edward Bullard (D-Miami)

Passed both chambers unanimously.

12)Â Â Â Â Â Â SB 1452 OGSR/Public Service Tax: Repeals s. 166.236, F.S., providing an exemption for information received by a taxing authority or its agent in connection with an audit of public service taxes collected by a telecommunications service provider.Â Similar to HB 7129.Â S. Communications and Public Utilities Committee REPEALS AN EXISTING EXEMPTION

Passed both chambers unanimously.

13)Â Â Â Â Â Â SB 1510 Exemption/Sunshine State One-Call: Creates a public records exemption for proprietary confidential business information held by Sunshine State One-Call for the purpose of describing the extent and root cause of damage to an underground facility or using the member ticket management software system.Â Stipulates that such information will be exempt from public disclosure only if the information (1) is treated by the company as confidential; (2) would be reasonably likely to be used by a competitor to harm the business interests of the company; and (3) is not otherwise readily ascertainable or public available "by proper means by other persons from another source in the same configuration as requested by the local government entity." Similar to HB 1221.Â Sen. Dave Aronberg (D-Greenacres)

Passed both chambers unanimously.

14)Â Â Â Â Â Â SB 1760 Public Records/Inspection & Copying: Stipulates that a custodian or a person having custody of public records may designate another officer or employee of the agency to permit inspection and copying of such records, but must disclose the identity of such designee.Â Â Â Requires the custodian or the custodian's designee to acknowledge requests to inspect or copy records promptly and respond to such requests in good faith.Â Similar to HB 541.Â Rep. Charlie Justice (D-St. Petersburg) DOES NOT CREATE AN EXEMPTION

Passed both chambers unanimously.

15)Â Â Â Â Â Â CS/SB 1848 OGSR/Abandoned Property Records: Reenacts and amends s. 717.117, F.S., providing an exemption for social security numbers and financial account numbers in reports to the Department of Financial Services of abandoned or unclaimed property.Â As amended,Â stipulates that social security numbers and property identifiers contained in reports to the Department of Financial Services of abandoned or unclaimed property are confidential and exempt.Â Subjects the exemption to the OGSR Act.Â Similar to HB 7133.Â S. Banking and Insurance Committee

Passed both chambers unanimously.

16)Â Â Â Â Â Â SB 1852 OGSR/DOI - Personal Financial and Identifying Information: Amends and slightly expands the exemption provided by s. 624.23, F.S., for personal financial and health information of a consumer held by the Department of Insurance (DOI) or its service providers.Â As amended, exempts personal financial and health information held by DOI and the Department of Financial Services relating to a consumer's complaint or inquiry regarding matters regulated under the Florida Insurance Code.Â Provides a definition of "personal financial and health information." Subjects the exemption to the OGSR Act.Â Similar to HB 7153.Â S. Banking and Insurance Committee

Passed both chambers unanimously.

17) SB 1950 OGSR/Abandoned Newborns: Reenacts with minor technical modification the exemption in s. 383.51, F.S., for the identity of parents leaving newborn infants at hospitals, fire stations, or emergency medical services stations. Similar to HB 7131.Â S. Children, Families and Elder Affairs Committee

Passed both chambers unanimously.

18) HB 7107 Prohibition/Publication of Names: In pertinent part, amends s. 742.09, F.S., stipulating that it is unlawful to publish the name of any of the parties involved in a court proceeding to determine paternity, to allow publication for the limited purpose of service of process. Similar to HB 253, HB 1571, and CS/SB 2870.Â DOES NOT CREATE AN EXEMPTION

Passed both chambers unanimously.

19)Â Â Â Â Â Â HB 7127 OGSR/Identifying Information - Optional Retirement Program: Reenacts with minor technical modification s. 121.4501, F.S., providing an exemption for personal identifying information of participants in the Public Employee Optional Retirement Program. Similar to SB 1492.Â Â H. Government Efficiency & Accountability Council

Passed both chambers unanimously.

20) HB 7159 Exemption/Lifeline Assistance Plan Participants: Creates a public record exemption for personal identifying information of participants in the Lifeline Assistance Plan held by the Public Service Commission.Â Allows disclosure under certain specified conditions.Â Similar to CS/SB 630.Â H. Jobs & Entrepreneurship Council

Passed both chambers unanimously.

21) HB 7169 Exemption/Worker's Compensation: Creates public record exemptions for (1) underwriting files; (2) claims files until termination of all litigation and settlement of all claims arising out of the same accident; (3) records generated or obtained by an auditor pursuant to a routine audit until the audit is complete; (4) proprietary information licensed to the Worker's Compensation Joint Underwriter's Association under contract; (5) medical records; (6) records relating to an employee's participation in an employee assistance program; (7) information relating to negotiations for financing, reinsurance, etc., until conclusion of the negotiations; (8) reports provided to or submitted by the JUA regarding suspected fraud or other criminal activity until any investigation into such activity is closed or ceases to be active; (9) payroll information and client lists of employee leasing companies received from the Department of Revenue; and (10) records prepared by a JUA attorney reflecting a mental impression, conclusion, litigation strategy, or legal theory of the attorney.Â Allows disclosure under certain specified circumstances.Â Also creates an exemption for portions of meetings of the JUA's board of governors at which exempt information is to be discussed.Â Requires that all exempt portions of meetings be recorded and that the recordings be transcribed.Â Similar to CS/SB 682.Â H. Jobs & Entrepreneurship Council

Passed both chambers unanimously.

22) HB 7187 OGSR/DOI - Workpapers: Reeancts and amends s. 624.319, F.S., providing an exemption for examination reports, investigative records, and workpapers held by or provided to the Department of Insurance (DOI). As amended, defines "workpapers" to mean records of the procedures followed, tests performed, information obtained, and conclusions reached in certain examinations or investigations and exempts examination reports until filed, investigation reports, and workpapers and other information held by or provided to DOI in performance of its examination or investigation duties until the examination report is filed or the investigation is complete or no longer active. Additionally, provides that after an examination report is filed or an investigation is completed or ceases to be active, portions of workpapers may remain confidential and exempt under certain circumstances.Â Similar to SB 1850.Â H. Government Efficiency & Accountability Council

Passed both chambers unanimously.

23) HB 7193 Exemption/U.S. Census Information: Creates a public record exemption for U.S. Census bureau information including maps showing structure location points, address verification records, and address error or omission records held by an agency pursuant to federal law.Â Similar to CS/SB 632.Â H. Government Efficiency & Accountability Council

Passed both chambers unanimously.

24) HB 7197 OGSR/Social Security Numbers & Personal Financial Information: Reenacts with minor modification s. 119.071(5), F.S., providing an exemption for social security numbers and personal financial information held by an agency.Â Extends the deadline for the automatic redaction of such information in official records or court records to 2011. Similar to SB 1468.Â H. Government Efficiency & Accountability Council

Passed both chambers unanimously.

25) HB 7201 Exemption/Economic Development Agencies: Creates an exemption for trade secrets and federal identification number, unemployment compensation account numbers, or Florida sales tax registration numbers held by an economic development agency (EDA).Â Also exempts proprietary confidential business information held by an EDA until such information is no longer treated as such by the proprietor.Â In addition, creates exemption for certain specified information held by an EDA pursuant to the administration of an economic incentive program for qualified business, stipulating that the exemption applies only for the duration of the incentive agreement and expires if the incentive agreement is terminated.Â Similar to SB 1182.Â H. Government Efficiency & Accountability Council

Passed by a vote of 116/1 (Rep. Susan Bucher voting no); passed the Senate unanimously.

2007 LEGISLATIVE REPORT PRESESSION

2007 LEGISLATIVE REPORT
PRESESSION

Foundation Members:Â The following is a list of the bills, grouped by general category, we will be tracking throughout the 2007 Legislative Session.Â As usual, we have selected those bills with open government and first amendment implications we think will be of interest to our members.Â After the summary of each open government bill, you will find an easily recognizable indication of whether the bill is good or bad.Â Under this reporting system, = Good and = Bad.Â Those bills that are neither good nor bad will not be marked.Â If we're not sure of a bill, it will be marked with ???.Â And we're adding a new feature this year:Â bills of interest which do not necessarily affect the public's right of access to records or meetings will be marked WATCH.

During session, we will report any activity on these bills, as well as any new legislation that may be filed, on a weekly basis.Â Bills are listed in numerical order.Â When the text of the bill and its companion are identical, only the first bill listed is analyzed.Â We suggest you keep this pre-session report, as the weekly reports will not contain a complete description of all the bills.Â Open Government Sunset Review (OGSR): Under the Open Government Sunset Review Act of 1995, all exemptions to the Sunshine Law and Public Records Law must be reviewed and reenacted by the Legislature five years after the date of enactment, or the exemption will automatically "sunset".Â The 2007 Legislature will be reviewing all exemptions created in 2002.Â Those bills will be included in our legislative reports and are designated "OGSR".

PUBLIC RECORDS and OPEN MEETINGS

HB 43 Voting Systems: Stipulates that all electronic voting systems approved by the Department of State must produce (1) a voter-verifiable paper record suitable for a manual audit and (2) a permanent paper record made available for inspection and verification by the voter at the time the vote is cast.Â Finally, requires that the voter be provided an opportunity to correct any error made by the system before the permanent record is preserved for use in any manual audit.Â Similar to SB 342.Â Rep. Ari Abraham Porth (D-Coral Springs)

HB 63 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 186.Â Rep. Ari Abraham Porth (D-Coral Springs)

SB 186 Exemption/Domestic Violence - State Employees: Similar to HB 63.Â Sen. Dave Aronberg (D-Greenacres)

HB 213 Trust in Elections Act: In pertinent part, stipulates that all electronic voting systems approved by the Department of State must produce (1) a voter-verifiable paper record suitable for a manual audit and (2) a permanent paper record made available for inspection and verification by the voter at the time the vote is cast.Â Finally, requires that the voter be provided an opportunity to correct any error made by the system before the permanent record is preserved for use in any manual audit. Provides a penalty for the unauthorized removal from a polling place of paper records produced by an electronic voting machine.Â Rep. Dorothy Hukill (R-Daytona Beach)

HB 231 Building Code Inspectors: Stipulates that any complaint or record maintained by the Department of Business and Professional Regulation relating to the discipline of a licensed building code administrator, plans examiner, or building inspector and any proceeding held by DBPR be open and available to the public 30 days after the date that legal sufficiency is determined.Â Similar to SB 726.Â Rep. Jennifer Carroll (R-Jacksonville)

H. Business Regulation Committee: A strike all amendment stipulating that records of a disciplinary complaint against a code enforcement official be open and available to the public if the complaint has been found "legally sufficient" and the investigation of the complaint ceases to be active. An investigation ceases to be active when the case is dismissed prior to a finding of probable cause or 10 days after a determination regarding probable cause. Also stipulates that in response to an inquiry, DBPR must disclose the existence of an active investigation if the nature of the violation under investigation involves the potential for substantial physical or financial harm to the public. Reported favorably with one amendment. Now in H. Jobs & Entrepreneurship Council.

SB 342 Voting Systems: Similar to HB 43.Â Sen. Frederica Wilson (D-Miami)

HB 375 Exemption/Home Addresses - EMTs: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of active or former emergency medical technicians or paramedics, 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 Similar to SB 1340.Â Rep. Trudi Williams (R-Ft. Myers)

HB 377 Permanent Paper Ballots: In pertinent part, stipulates that all voting machines be capable of producing an individual voter-verified paper record of the vote that must be made available for inspection and verification by the voter before the vote is cast.Â Rep. Susan Bucher (D-West Palm Beach)

HB 455 Exemption/Organ & Tissue Donation Program: In pertinent part, stipulates that the Florida Coalition on Donation, a private non-profit organization providing education and helping to coordinate the statewide organ and tissue donation program, does not perform a public function.Â Further stipulates that only those meetings of the coalition board at which expenditure of public funds is discussed will be open to the public.Â Specifically states that all other meetings of the board will not be open under Florida's Sunshine Law.Â Similar to SB 1350.Â Rep. Larry Cretul (R-Ocala)

HB 457 Patient's Right-to-Know Act: In pertinent part, stipulates that information concerning nursing home care for patients be made available to the public.Â Similar to SB 884.Â Rep. Kelly Skidmore (D-Boca Raton)

SB 462 Electronic Voting Systems: Stipulates that as of July 1, 2008, all touchscreen or other electronic voting machine must provide for verification by voters and the capability of being audited.Â Also requires that such systems produce (1) a voter-verified paper record suitable for a manual audit and (2) a permanent paper record.Â Sen. Gary Siplin (D-Orlando)

HB 463 Exemption/High School Drug Tests: Creates a public record exemption for the results of random drug tests of high school athletes.Â Rep. Marcelo Llorente (R-Miami)

HB 467 Exemption/Public Hospital CEOs: Creates a public record exemption for the name of a candidate or nominee for the position of chief executive officer or designated corporate officer of a public hospital in the possession of a search committee for the purpose of selecting candidates or nominees, as well as all records or information that would reveal the identity of a candidate or nominee until the list of candidates or nominees is given to the hospital governing board.Â Also exempts any meeting or portion of a meeting of a search committee at which information concerning such candidates or nominees is presented or discussed.Â Rep. Larry Cretul (R-Ocala)

S. Health Regulation Committee: Reported favorably with one minor amendment. Now in S. Criminal Justice.

HB 541 Public Records/Inspection & Copying: Stipulates that each agency head who appoints a designee to act as custodian of public records must provide notice of the designation to the public.Â Stipulates that the notice must contain the name and title of the designee, as well as the designee's e-mail address, office telephone number, and office mailing address, and that the notice be prominently posted in areas of the office accessible to the public as well as on the agency's website.Â Prohibits denial of the existence of a public record by any person who is not the custodian or of public records or the designee.Â 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 Finally, requires that a custodian or his or her designee be available to respond to public record requests during regular business hours of the office at which such records are maintained.Â Similar to SB 1760.Â Rep. Shelley Vana (D-West Palm Beach)

SB 560 Ad Valorem Tax Data: Similar to HB 153.Â Sen. Jeff Atwater (R-North Palm Beach)

SB 608 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 HB 961.Â Sen. Steven Geller (D-Hallandale Beach)

SB 628 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Al Lawson (D-Tallahassee)

SB 630 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Al Lawson (D-Tallahassee)

SB 632 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Al Lawson (D-Tallahassee)

SB 634 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Al Lawson (D-Tallahassee)

HB 717 Sealing Criminal History Records: Amends s. 943.059, F.S., relating to the court-ordered sealing of criminal history records, to provide requirements for sealing of a criminal history records relating to "specially sealable misdemeanors".Â Rep. Chuck Chestnut (D-Gainesville)

SB 726 Building Code Inspectors: Similar to HB 231.Â Sen. Stephen Wise (R-Jacksonville)

SB 766 Shell/Electronic Health Records: Expresses legislative intent to revise laws relating to electronic health records. Â Sen. Jeff Atwater (R-North Palm Beach) ???

SB 816 OGSR/Law Enforcement Transmittal Letters: Reenacts with some modification the public record exemption in s. 119.071(2)(c)2., F.S., for requests made by a law enforcement agency to inspect or copy a public record in the custody of another agency.Â As amended, stipulates that the exempt is retroactive.Â S. Criminal Justice Committee

HB 825 Exemption/Contemplated Litigation: Expands the exemption under s. 286.011(8), F.S., for meetings at which pending litigation is discussed to also include matters which are subject to the notice requirement under s. 768.28 and for which a lawsuit has not yet been filed and matters about which the governmental entity is contemplating litigation.Â Stipulates that transcripts of the closed meeting be made public upon conclusion of the litigation or once the agency determines it will not commence litigation.Â Similar to SB 1618.Â Rep. Matt Meadows (D-Lauderhill)

HB 853 Exemption/Historic St. Augustine - Donors: Creates a public record exemption for the identity of a donor or prospective donor to the historic preservation of St. Augustine if the donor or prospective donor wishes to remain anonymous.Â Rep. Bill Proctor (R-St. Augustine)

SB 884 Patient's Right-to-Know Act: Similar to HB 457.Â Sen. Nan Rich (D-Sunrise)

SB 886 OGSR/Building Plans: Reenacts with minor technical modification the public exemption in s. 119.071(3)(b), F.S., for building plans, blueprints, schematics drawings, and diagrams which depict the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency.Â S. Committee on Military Affairs and Domestic Security

HB 895 Exemption/Controlled Substances: Similar to SB 520.Â Rep. Gayle Harrell (R-Port St. Lucie)

HB 961 Exemption/S. Florida Regional Transportation Authority: Similar to SB 608.Â Rep. Julio Robaina (R-Miami)

SB 1034 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Jeff Atwater (R-North Palm Beach)

SB 1182 Exemption/Economic Development Agencies: Amends s. 288.075, F.S., allowing an exemption for certain records of an economic development agency, to provide a definition of "proprietary confidential business information" and "trade secret".Â Expands current law to allow an exemption for such information in perpetuity.Â Also provides an exemption for economic incentive program information held by an EDA, including the average wage actually paid by a participating business for those jobs created pursuant to the program which is held as evidence of achievement or nonachievement of program requirements.Â S. Commerce Committee

SB 1240 Public Records/Shell Bill: Expresses legislative intent to revise laws relating to public records. Sen. Don Gaetz (R-Fort Walton Beach)

SB 1244 Public Records/Shell Bill: Expresses legislative intent to revise laws relating to public records. Sen. Don Gaetz (R-Fort Walton Beach)

SB 1264 Public Records/Shell Bill: Expresses legislative intent to revise laws relating to public records. Sen. Steve Oelrich (R-Gainesville)

SB 1266 Public Records/Shell Bill: Expresses legislative intent to revise laws relating to public records. Sen. Steve Oelrich (R-Gainesville)

SB 1340 Exemption/Home Addresses - EMTs: Similar to HB 375.Â Sen. Dave Aronberg (D-Greenacres)

SB 1346 Court Records: Amends the general state policy on public records under s. 119.01(1), F.S., to include language from the constitutional right of access to public records.Â Provides a definition for the terms "confidential and exempt"and "exempt".Â Stipulates that only certain specified exemptions in chapter 119 will be applied to court records but further stipulates that the section does not apply to exemptions found in other sections of the law.Â S. Judiciary Committee

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SB 1350 Exemption/Organ & Tissue Donation: Similar to HB 455.Â Sen. Steve Oelrich (R-Gainesville)

SB 1468 OGSR/Social Security Numbers & Personal Financial Information - Public Records: Reenacts with minor modification s. 119.071(5), F.S., providing an exemption for social security numbers and personal financial information held by an agency.Â S. Governmental Operations Committee

SB 1510 Exemption/Sunshine State One-Call: Creates a public record exemption for proprietary confidential business information held by Sunshine State One-Call for the purpose of describing the extent and root cause of damage to an underground facility or using the member ticket management software system.Â Stipulates that such information will be exempt from public disclosure only if the information (1) is treated by the company as confidential; (2) would be reasonably likely to be used by a competitor to harm the business interests of the company; and (3) is not otherwise readily ascertainable or public available "by proper means by other persons from another source in the same configuration as requested by the local government entity."Â Sen. Dave Aronberg (D-Greenacres)

SB 1576 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Alex Villalobos (R-Miami)

SB 1590 Public Records/Shell Bill: Expresses legislative intent to revise laws relating to public records. Sen. Alex Villalobos (R-Miami)

SB 1618 Exemption/Contemplated Litigation: Similar to HB 825.Â Sen. Dave Aronberg (D-Greenacres)

NOTE: We've been informed that SB 1618 was filed in error and that Sen. Aronberg intends to withdraw the bill from consideration at the first opportunity.

SB 1848 OGSR/Abandoned Property Records: Reenacts and amends s. 717.117, F.S., providing an exemption for social security numbers and financial account numbers in reports to the Department of Financial Services of abandoned or unclaimed property.Â As amended, exempts social security numbers, insurance policy numbers, investment account numbers, pension and profit-sharing account numbers, patient account numbers, utility account numbers, customer account numbers, and wage, payroll, and salary account numbers.Â S. Banking and Insurance Committee

SB 1850 OGSR/DOI - Workpapers: Reeancts and amends s. 624.319, F.S., providing an exemption for certain records or reports held by or provided to the Department of Insurance (DOI).Â As amended, exempts examination reports until filed, investigation reports, and workpapers and other information held by or provided to the Department of Insurance (DOI) in performance of its examinations or investigations duties until the report is filed or the investigation is complete or no longer active.Â S. Banking and Insurance Committee

SB 1852 OGSR/DOI - Personal Financial and Identifying Information: Amends and slightly expands the exemption is s. 624.23, F.S., forÂ personal financial and health information of a consumer held by the Department of Insurance (DOI) or its service providers.Â As amended, exempts personal financial and health information held by DOI and the Department of Financial Services relating to a consumer's complaint or inquiry regarding matters regulated under the Florida Insurance Code.Â Provides a definition of "personal financial and health information".Â Â S. Banking and Insurance Committee

2007 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 16

2007 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 16

SB 186 Exemption/Domestic Violence - State Employees: Creates a public records 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 63.Â Sen. Dave Aronberg (D-Greenacres)

S. Commerce Committee: Reported favorably. Now in S. Governmental Operations.

H. Health Innovation Committee: Workshopped. Now in H. Health Innovation.

S. Transportation Committee: A strike-all amendment was adopted. Reported favorably as a committee substitute.Â In pertinent part, CS/SB 830 stipulates that personal information contained in a motor vehicle record that identifies an individual is confidential and exempt.Â Also stipulates that personal identification information includes an individual's social security number, driver identification number or identification card information, medical or disability information, and emergency contact information. Now in S. Governmental Operations.

H. Tourism and Trade Committee: Reported favorably. Now in H. Economic Expansion.

SB 1034 Exemption/Shell Bill: Expresses legislative intent to create a public records and meetings exemption. Sen. Jeff Atwater (R-North Palm Beach)

S. Health Regulation Committee: A strike-all amendment was adopted. Reported favorably as a committee substitute. In pertinent part, provides a public records exemption for all personal identifying information contained in records provided by physicians license under chapter 458 or chapter 459 of the Florida Statutes, in response to physician workforce surveys required as a condition of license renewal and held by the Department of Health. Such information may be releasedÂ under certain circumstances. Now in S. Health Regulation.

H. Homeland Security and Public Safety Committee: Temporarily deferred.

H. Health Quality Committee: Reported favorably. Now in H. Healthcare Council.

H. Military & Veterans' Affairs Committee: Temporarily deferred.

SB 1350 Exemption/Organ & Tissue Donation: In pertinent part, stipulates that the Florida Coalition on Donation, a private non-profit organization providing education and helping to coordinate the statewide organ and tissue donation program, does not perform a public function.Â Further stipulates that only those meetings of the coalition board at which expenditure of public funds is discussed will be open to the public.Â Specifically states that all other meetings of the board will not be open under Florida's Sunshine Law. Similar to HB 455.Â Sen. Steve Oelrich (R-Gainesville)

S. Health Policy Committee: An amendment making substantive changes was adopted.Â Reported favorably as a committee substitute.Â In pertinent part, the amendment stipulates that the records and meetings of the Florida Coalition on Donation open to the public in accordance with s. 119.07(1), F.S., s. 286.011, F.S.,Â and s.24, Art. I of the state constitution, unless otherwise made exempt by law. Now in S. Health Policy.

S. Communications and Public Utilities Committee: Reported favorably. Now in S. Governmental Operations.

S. Banking and Insurance Committee: An amendment making substantive changes was adopted.Â Reported favorably as a committee substitute.Â In pertinent part, the amendment stipulates that socials security numbers and property identifiers contained in reports to the Department of Financial Services of abandoned or unclaimed property or confidential and exempt. Now in S. Banking.

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

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

2007 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 9

2007 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 9

HB 153 Ad Valorem Tax Data: Amends s. 195.052, F.S., requiring the Department of Revenue to annually publish data relating to ad valorem tax data, to stipulate that such data must include the annual percentage increase in total non-voted ad valorem taxes levied by each local taxing authority and information on the distribution of ad valorem taxes levied among the various classifications of property. Similar to 560. Rep. Jack Seiler (D-Pompano Beach)

H. Audit and Performance Committee: Reported favorably. Now in H. Government Efficiency and Accountability Council.

S. Children and Families Committee: A technical amendment is adopted. Reported favorably with the amendment. Now in S. Commerce.

HB 455 Exemption/Organ & Tissue Donation Program: In pertinent part, stipulates that the Florida Coalition on Donation, a private non-profit organization providing education and helping to coordinate the statewide organ and tissue donation program, does not perform a public function.Â Further stipulates that only those meetings of the coalition board at which expenditure of public funds is discussed will be open to the public.Â Specifically states that all other meetings of the board will not be open under Florida's Sunshine Law.Â Similar to SB 1350.Â Rep. Larry Cretul (R-Ocala)

H. Health Innovation Committee: An amendment making substantive changes is

adopted.Â Reported favorably with amendment.Â In pertinent part, the amendment stipulates that the records and meetings of the Florida Coalition on Donation open to the public in accordance with s. 119.07(1), F.S., s. 286.011, F.S.,Â and s.24, Art. I of the state constitution, unless otherwise made exempt by law. Now in H. Healthcare Council.

HB 463 Exemption/High School Drug Tests: Creates a public records exemption for the results of random drug tests of high school athletes. Similar to SB 2202.Â Rep. Marcelo Llorente (R-Miami)

H. Education & Career Committee: An amendment, making substantive

changes is adopted. Reported favorably with recommended council substitute. The amendment provides that records relating to drug tests and to challenges and appeals of drug tests are confidential and exempt from public records requirements.Â Further, the amendment provides for disclosure of such records to certain persons.Â Additionally, stipulates that the portions of a meeting at which confidential and exempt records are discussed or presented are exempt from public meetings requirements. Now in H. Education & Career Committee.

w HB 717 Sealing Criminal Records: Amends s. 943.059, F.S., relating to the court-ordered sealing of criminal history records, to provide requirements for sealing criminal history records relating to "specially sealable misdemeanors." Rep. Chuck Chestnut (D-Gainesville)

House: Withdrawn from consideration.

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

S. Military Affairs and Domestic Security Committee : Reported favorably. Now in S. Governmental Operations.

SB 950 Exemption/Agency Medical Records: Creates a public record exemption for medical records held by an agency.Â Defines "medical record" as any patient-specific record created by a health care practitioner for the purpose of diagnosing or treating an illness.Â S. Health Care Committee

S. Health Policy: Reported favorably. Now in S. Governmental Operations.

SB 1182 Exemption/Economic Development Agencies: Amends s. 288.075, F.S., allowing an exemption for certain records of an economic development agency, to provide a definition of "proprietary confidential business information" and "trade secret."Â Expands current law to allow an exemption for such information in perpetuity.Â Also provides an exemption for economic incentive program information held by an EDA, including the average wage actually paid by a participating business for those jobs created pursuant to the program which is held as evidence of achievement or nonachievement of program requirements.Â S. Commerce Committee

S. Commerce Committee: Reported favorably. Now in S. Governmental Operations.

w SB 1618 Exemption/Contemplated Litigation: Expands the exemption under s. 286.011(8), F.S., for meetings at which pending litigation is discussed to also include matters which are subject to the notice requirements under s. 768.28, F.S., and for which a lawsuit has not yet been filed and matters about which the governmental entity it contemplating litigation.Â Stipulates that transcripts of the closed meetings be made public upon the conclusion of the litigation or once the agency determines it will not commence litigation.Â Similar to HB 825. Sen. Dave Aronberg (D-Greenacres)

Senate: Withdrawn from consideration.

New Bills Filed

SB 116 Use of Name/Armed Forces: Prohibits the use of a name or image of a member of the armed forces for the purpose of trade or for any commercial or advertising purpose. Provides certain exceptions.Similar to HB 1159. Sen. Jeff Atwater (R-North Palm Beach)

S. Commerce Committee: Reported favorably. Now in S. Commerce Committee.

HB 1117 Fraudulent Use of Personal Info: Amends s. 817.568 F.S., allowing for an enhanced penalty for fraudulent use of personal identification information relating to individuals 65 years of age or older without consent. Prohibits willfully possessing sensitive personal information of another without that person's consent. Provides criminal penalties. Similar to SB 2184. Rep. John Legg (R-Port Richey)

HB 1123 Exemption/Fla. Health Info. Network: Creates a public record exemption for patient medical and health records, trade secrets and certain other information held by the Florida Health Information Network Corporation. Similar to SB 2252 and SB 2350.Â Rep. Denise Grimsley (R-Sebring)

HB 1159Â Use of Name/Armed Forces: Similar to SB 116.Â Rep. Denise Grimsley (R-Sebring)

HB 1211 Prohibition/Personal Identifying Information: Amends s. 817.568 F.S., prohibits obtaining and distributing personal identifying information of an individual without the individual's permission.Â Provides criminal penalties. Similar to SB 2268. Rep. William Proctor (R-St. Augustine)

HB 1213 Exemption/Personal Identification Information: Creates a public records exemption for any record that contains personal identification information. Stipulates that personal identification information should remain private, even when collected legally.Â Provides that personal identification information includes information such as a name, postal or e-mail address, telephone number, and date of birth. Provides certain exceptions: when an individual authorizes release of his or her information; records shared between agencies; records distributed pursuant to chapter 943; and official records as defined by s. 28.001, F.S.. Similar to HB 2818. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale) and Rep. William Proctor (R-St. Augustine)

HB 1221 Exemption/Sunshine State One-Call: Creates a public record exemption for proprietary confidential business information held by Sunshine State One-Call for the purpose of describing the extent and root cause of damage to an underground facility or using the member ticket management software system.Â Stipulates that such information will be exempt from public disclosure only if the information (1) is treated by the company as confidential; (2) would be reasonably likely to be used by a competitor to harm the business interests of the company; and (3) is not otherwise readily ascertainable or public available "by proper means by other persons from another source in the same configuration as requested by the local government entity." Similar to SB 1510. Rep. Will Weatherford (R-Zephyrhills)

HB 1323 Juvenile Records: Requires clerks of court to submit juvenile arrest records to FDLE. Provides fingerprints and photographs of certain juveniles be taken for investigative purposes. Similar to SB 2190. Rep. Perry Thurston (D-Ft. Lauderdale)

HB 1337Â Exemption/Fla. Atlantic Univ. - Hospital Sublessees: : Creates public record exemption for proprietary business information of the hospital lessee.Â Includes lessee information relating to internal auditing, privileged attorney-client communications, bids and other contractual data, corporate officer and employee personnel information, meetings minutes, plans for marketing services, trade secrets, and certain donor information. Provides public meetings exemption for meetings of the board of directors of the lessee relating to discussions on the operation and funding of the hospital.Similar to SB 2390. Sen. Adam Hasner (R- Del Ray Beach)

HB 1405 Exemption/Historic Landmarks - Donors: Creates a public records exemption for the name and information that identifies potential or actual donor of funds to any publicly owned house museum that is designated by the U.S. Dept. of Interior as a National Historic Landmark. Also creates a an exemption for portions of meetings at which such information is presented or discussed. Rep. Edward Bullard (D-Miami)

SB 2156 Ex-offender Reports: Requires state agencies to submit to legislative officers and committees reports that state current restrictions on employment of ex-offenders and public safety alternatives.Â Sen. Frederica Wilson (D-Miami Gardens) WATCH

SB 2158 Criminal Records/Minors: Requires FDLE to notify certain specified agencies of any records of a minor which are expunged. Further requires that any criminal history record that is expunged under this section must be physically destroyed or obliterated by any criminal justice agency that has custody of the record, except those criminal history records held by the department must be retained in all cases. Prohibits expunging on certain records. Prohibits sealing of certain records. Sen. Frederica Wilson (D-Miami Gardens)

SB 2164 Voting Systems: Stipulates that all electronic voting systems approved by the Department of State must produce (1) a voter-verifiable paper record suitable for a manual audit and (2) a permanent paper record made available for inspection and verification by the voter at the time the vote is cast.Â (3) requires that the voter be provided an opportunity to correct any error made by the system before the permanent record is preserved for use in any manual audit. Finally, requires voting by marksense ballots or by direct recording electronic voting method and that each polling place have at least one accessible voter interface device. Sen. J. Alex Villalobos (R-Miami)

SB 2184 Fraudulent Use of Personal Info: Similar to HB 1117.Â Sen. Mike Fasano (R- New Port Richey)

SB 2190 Juvenile Records: Requires clerks of court to submit juvenile arrest records to FDLE. Provides fingerprints and photographs of certain juveniles be taken for investigative purposes. Sen. Frederica Wilson (D-Miami Gardens)

SB 2202 Exemption/High School Drug Tests: Similar to HB 463. Sen. J. Alex Villalobos (R-Miami)

SB 2242 Voting Systems: Stipulates that all electronic voting systems approved by the Department of State must produce (1) a voter-verifiable paper record suitable for a manual audit and (2) a permanent paper record made available for inspection and verification by the voter at the time the vote is cast.Â Finally, requires that the voter be provided an opportunity to correct any error made by the system before the permanent record is preserved for use in any manual audit. Similar to HB 43. Sen. Jeremy Ring (D-Margate)

SB 2252 Exemption/Fla. Health Information Network: Similar to HB 1123 and SB 2350. Sen. Jeremy Ring (D-Margate)

SB 2268 Prohibition/Personal Identifying Information: Similar to HB 1211. Sen. Stephen Wise (R-Jacksonville)

SB 2308 Exemption/Juvenile Blood Tests: Amends s. 985.1351 F.S., providing a public record exemption for serologic blood test results for juveniles under the supervision of DJJ. Sen. Frederica Wilson (D-Miami)

SB 2350 Exemption/Fla. Health Info. Network:Â Similar to HB 1123 and SB 2252. Sen. Jeff Atwater (R-North Palm Beach)

SB 2390 Exemption/Fla. Atlantic Univ. - Hospital Sublessees: Similar to HB 1337. Sen. Jeff Atwater (R-North Palm Beach)

SB 2416 Exemption/SURE Venture Commercialization, Inc.: Similar to HB 1523. Sen. Jeremy Ring (D-Margate)

SB 2422 Exemption/SURE Venture Capital Fund: Similar to HB 1527. Sen. Jeremy Ring (D-Margate)

SB 2510 Exemption/Ethics Cmsn. Investigators: Creates an exemption from public records for identifying and locating information of current or former investigators of the Commission on Ethics & Public Trust. Sen. Alex Villalobos (R-Miami)

SB 2546 Child Abuse Reporting: Similar to HB 1425.Â Sen. Ronda Storms (R-Brandon)

SB 2612 Exemption/Florida Opportunity Fund: Creates a public record exemption for proprietary confidential business information concerning alternative investments of the Florida Opportunity Fund.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. Similar to HB 131.Â Sen. Jeremy Ring (D-Margate)

SB 2624 Exemption/Public Hospital CEOs: Creates a public record exemption for the name of a candidate or nominee for the position of chief executive officer or designated corporate officer of a public hospital in the possession of a search committee for the purpose of selecting candidates or nominees, as well as all records or information that would reveal the identity of a candidate or nominee until the list of candidates or nominees is given to the hospital governing board.Â Also exempts any meeting or portion of a meeting of a search committee at which information concerning such candidates or nominees is presented or discussed. Similar to

HB 467.Â Sen. Steve Oelrich (R-Gainesville)

SB 2706 Exemption/Public Seaport Authorities: Creates an exemption for portions of meetings of a governing board of a public seaport authority at which active criminal investigative or active criminal intelligence information is discussed.Â Provides an audio or video recording must be made and no portion of the closed meeting shall be off the record.Â The recording is exempt until the information ceases to be active or the security plan is no longer in effect. Sen. Ronda Storms (R-Brandon)

SB 2724 Shell Bill/Exemption: Expresses legislative intent to create a public records exemption. Â Sen. Evelyn Lynn (R-Daytona Beach)

SB 2726 Shell Bill/Exemption: Expresses legislative intent to create a public records exemption. Â Sen. Evelyn Lynn (R-Daytona Beach)

SB 2772 Exemption/Historic Landmarks - Donors: Similar to HB 1405. Sen. Larcenia Bullard (D-Miami)

SB 2818 Exemption/Personal Identification Information: Similar to HB 1213. Sen. Victor Crist (R-Tampa)

SB 2870 Prohibition/Publication of Names: Makes minor modifications to s. 742.09, F.S., stipulating that it is unlawful to publish the name of any of the parties involved in a court proceeding to determine paternity.Â S. Committee on Children, Families, and Elder Affairs