2008 Legislative Report

2008 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 28

2008 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 28

 

 

CS/SB 392 Agency Spending Disclosures: Requires all local governments with a website to post information about contracts over $5,000 on the website, and requires the Department of Financial Services (DFS) to develop and maintain a portal linking all such websites. Also requires DFS to develop a uniform format to be used by local governments when posting contract information, stipulating that the format must include: (1) the name of the local government; (2) the name of the corporation or individual who is a party to the contract; (3) the date and the amount of the contract; (4) the purpose of the contract; and (5) basic expenditure categories reported by local governments in annual financial reports submitted to DFS.  Finally, requires posting of electronic copies of the contract to the extent possible and allows DFS to adopt rules implementing the requirements.   Similar to HB 181.  Sen. Rhonda Storms (R-Brandon)

•           S. Governmental Operations Committee: Adopted an amendment requiring the Department of Financial services to develop and maintain a contract expenditures report containing information on all state agency contracts over $5,000.  Also requires the Executive Office of the Governor to develop and maintain a portal linking to the DFS state agency contract expenditures report and stipulates that each state agency, to the extent possible, provide a link to an electronic copy of all contracts over $5,000.  Reported favorably as a committee substitute by a vote of 4/1 (Sen. Oelrich voting no).  Now in S. Finance and Tax.

 

HB 605 Exploited Children: In pertinent part, amends current law providing that court records which reveal the photograph, name, or address of the victim of certain specified offenses are confidential and exempt from the public records law and may not be made public if certain showings are made by waiving the requirement that such showings be made in certain cases.  Rep. David Rivera (R- Miami)

•           H. Homeland Security & Public Safety Committee: Reported favorably with one amendment.  In pertinent part, amends current law to stipulate that the state may use a pseudonym instead of the victim's name to designate the victim of any crime involving child pornography.

•           H. Safety & Security Council: Adopted traveling amendment and reported  favorably as a council substitute.  Now in H. Policy & Budget Council.

 

HB 637 Electronic Health Records: In pertinent part, amends s. 395.3025, F.S., to facilitate electronic exchange of data between health care facilities, practitioners, and providers and attending physicians.  Similar to SB 1998.  Rep. Denise Grimsley (R-Sebring) WATCH

•           H. Healthcare Council: A strike-all amendment making various changes to other sections of the bill is adopted; reported favorably as a committee substitute.  Now in H. Policy & Budget Council.

 

HB 1061 Ad Valorem Tax Data: Amends s.195.052, F.S., requiring the Department of Revenue  (1) to conduct research and maintain accurate tabulations of ad valorem tax data; (2) to stipulate what data must be collected; and (3) to require that the data be published on the department's website.  Similar to SB 822. Rep. Jack Seiler (D-Pompano Beach)

•           H. State Affairs Committee: Reported favorably.  Now in H. Government Efficiency & Accountability Council.

 

HB 1141 Exemption/Sexual Violence Victims: Expands the public record exemption under s. 741.313(7)(a), F.S., for personal identifying information contained in written requests for leave that document acts of domestic violence to also exempt acts of sexual violence.  Similar to SB 2574.  Rep. Evan Jenne (D-Davie)

•           H. Jobs & Entrepreneurship Council: One minor amendment adopted; reported favorably as a council substitute.  Now in H. Policy & Budget Council.

 

SB 1618 OGSR/Photos of Sex Offense Victims: Reenacts without modification the public record exemption in s. 119.071(2)(h), F.S., for any photograph, videotape, or image of the victim of a sexual offense. S. Committee on Criminal Justice ???

•           S. Criminal Justice Committee: A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/SB 1618 amends s. 119.071(2)(h) for criminal intelligence or criminal investigative information that would identify a victim of child abuse or any sexual offense.  Also provides an exemption for photographs, videotapes or images of victims of sexual offenses.  Finally, stipulates that such information can be disclosed under certain circumstances, including disclosure for print, publication, or broadcast if a law enforcement agency determines that release of the information would help in locating a person who is missing or endangered.  Now in S. Governmental Operations.

 

SB 2224 OGSR/Paratransit Services: Reenacts and expands the public record exemption in s. 119.0713(2), F.S., for personal identifying information in records relating to a person's health held by a local government for the purpose of determining eligibility for paratransit services.  As amended, exempts personal identifying information of applicants for or recipients of paratransit services held by any agency.  Allows for disclosure under certain specified conditions.  S. Committee on Community Affairs

•           S. Governmental Operations Committee: Traveling technical amendment is adopted; reported favorably as a committee substitute.  Now in S. Rules.

 

SB 2484 Exemption/Discrimination Complaints: Expands the current public record exemption for records relating to discrimination complaints by applying the exemption to all agencies as defined in ch. 119, F.S.  Repeals s. 119.0711(1) (discrimination complaints filed with a state agency) and s. 119.0713(1) (discrimination complaints filed with a unit of local government).  Sen. Bill Posey (R-Rockledge)

•           S. Judiciary Committee: A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/SB 2484 expands the current public record exemption for records relating to discrimination complaints by applying the exemption to all agencies as defined in ch. 119, F.S.  Now in S. Community Affairs.

 

SB 2574 Exemption/Sexual Violence Victims: Expands the public record exemption under s. 741.313(7)(a), F.S., for personal identifying information contained in written requests for leave that document acts of domestic violence to also exempt such records relating to acts of sexual violence.  Similar to HB 1141.  Sen. Mike Fasano (R-New Port Richey)

•           S. Children, Families, and Elder Affairs Committee: A minor technical amendment is adopted; reported favorably with one amendment.  Now in S. Commerce.

 

SB 2610 Exemption/Organ & Tissue Donor Registry: Creates a public record exemption for information identifying donors contained in the organ and tissue donor registry. Similar to HB 1487.  Sen. Steve Oelrich (R-Gainesville)

•           S. Health Regulation Committee: Reported favorably with one minor amendment; now in S. Governmental Operations.

 

NEW BILLS FILED

 

HB 7051 OGSR/Foster Parents: Reenacts and amends s. 409.175, F.S., slightly narrowing the public record exemption relating to information held by the Department of Children and Family Services regarding foster care parents.  Similar to SB 1046.  H. Governmental Efficiency & Accountability Council

 

HB 7053 OGSR/Florida Kidcare: Reenacts and amends s. 409.821, F.S., providing a public record exemption for personal identifying information of Florida Kidcare program applicants or enrollees, to allow access by the parent or legal guardian of an enrollee.  Similar to HB 7053.  H. Governmental Efficiency & Accountability Council

 

HB 7055 OGSR/Department of Agriculture/Investigations: Reenacts with slight modification the public record exemption in s. 500.148, F.S., for certain information provided to the Department of Agriculture and Consumer Services relating to food safety or illness.  Similar to SB 1630.  H. Governmental Efficiency & Accountability Council

 

 

2008 LEGISLATIVE REPORT FOR PERIOD ENDING APRIL 4

2008 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 4

 

CS/SB 392 Agency Spending Disclosures: Requires all local governments with a website to post information about contracts over $5,000 on the website, and requires the Department of Financial Services (DFS) to develop and maintain a portal linking all such websites, as well as a contract expenditures report containing information on all state agency contracts over $5,000. Also requires DFS to develop a uniform format to be used by local governments when posting contract information, stipulating that the format must include: (1) the name of the local government; (2) the name of the corporation or individual who is a party to the contract; (3) the date and the amount of the contract; (4) the purpose of the contract; and (5) basic expenditure categories reported by local governments in annual financial reports submitted to DFS.  Requires posting of electronic copies of the contract to the extent possible and allows DFS to adopt rules implementing the requirements.  Finally, requires the Executive Office of the Governor to develop and maintain a portal linking to the DFS state agency contract expenditures report and stipulates that each state agency, to the extent possible, provide a link to an electronic copy of all contracts over $5,000. Similar to HB 181.  Sen. Rhonda Storms (R-Brandon)

•           S. Finance and Tax Committee: A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/CS/SB 392 requires all local governments with a website to post information about contracts over $5,000 on the website and, to the extent possible, to provide a link to an electronic copy of such contracts.  Requires the Department of Financial Services (DFS) to develop a uniform format to be used by each local government when posting contract information, stipulating that the format must include: (1) the name of the local government; (2) the name of the corporation or individual who is a party to the contract; (3) the date and the amount of the contract; (4) the purpose of the contract; and (5) basic expenditure categories reported by local governments in annual financial reports submitted to DFS. Finally, requires the Executive Office of the Governor to develop and maintain a portal linking to the DFS state agency contract expenditures report and stipulates that each state agency, to the extent possible, provide a link to an electronic copy of all contracts over $5,000.  Now in S. Transportation and Economic Development Appropriations.

 

CS/SB 766 Exemption/Addresses and Phone Numbers - Judicial Officials: Amends s. 119.071(4), F.S., creating a public record exemption for the home addresses and telephone numbers of general magistrates and child support enforcement hearing officers, the home addresses, telephone numbers, and places of employment for the spouses and children of general magistrates or child support hearing officers, and the name and location of school and day care facilities of the children of general magistrates or child support enforcement hearing officers of such personnel if the magistrate or officer provides a written statement that they made reasonable efforts to protect such information from being accessible through other means available to the public.  Similar to HB 639.  Sen. Nan Rich (D-Sunrise)

•           S. Governmental Operations Committee: Two amendments to expand the proposed exemption are adopted; reported favorably as a committee substitute.  As amended, CS/CS/SB 766 creates a public record exemption  for the home addresses and telephone numbers of general magistrates, child support enforcement hearing officers, judges of compensation claims, and administrative law judges of the Division of Administrative hearings the home addresses, telephone numbers, the places of employment for their spouses and children, and the name and location of school and day care facilities of their children if the magistrate, officer, or judge provides a written statement that he or she has made reasonable efforts to protect such information from being accessible through other means available to the public.  Now in S. Rules.

 

HB 863 Exemption/Donors - Department of Veterans' Affairs: Creates a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans' Affairs if the donor or prospective donor requests anonymity.  Similar to SB 1464. Rep. Ron Reagan (R-Sarasota)

•           H. Healthcare Council: A strike-all amendment conforming HB 863 to its Senate companion is adopted; reported favorably as a council substitute.  As amended, CS/HB 863 creates a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans' Affairs if the donor or prospective donor requests anonymity.  Also creates an exemption for portions of meetings of the direct-support organization during which the identity of donors or potential donors is discussed.  Now in H. Policy & Budget Council.

 

HB 1467 Confidential Records/DCFS: In pertinent part, requires the Department of Children and Family Services to maintain a complete and accurate case file of every child under its supervision or custody.  Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child's representative. Finally, allows DCFS to release investigative records if the department secretary determines that disclosure of such records is in the public interest.  Similar to SB 2762. Rep. Will Weatherford (R-Zephyrhills)

•           H. State Administration Committee: A strike-all amendment deleting the provision allowing DCFS to release investigative records is adopted; reported favorably as a committee substitute.  Now in H. Government Efficiency & Accountability Council.

 

SB 1540 Exemption/Patient Medical Information: Creates a public record exemption for information identifying a patient, a practitioner, a pharmacist, or the medication history of a patient contained in records that are reported to an agency which has access to or operates the privacy-protected website for patient medication histories.  Sen. Burt Saunders (R-Naples)

•           S. Health Regulation Committee: A strike-all amendment combining the substance of SB 1540 and SB 2782 is adopted; reported favorably as a committee substitute.  As amended, CS/SB 1540 creates a public record exemption for information identifying a patient, health care practitioner, pharmacist, or pharmacy contained in records held by any agency having access to or operating the patient medication history website.  Allows disclosure under certain specified circumstances.  Finally, stipulates that a willful and knowing violation is a third degree felony.  Now in S. Judiciary.

 

CS/SB 1618 OGSR/Photos of Sex Offense Victims: Reenacts and amends s. 119.071(2)(h), F.S., for criminal intelligence or criminal investigative information that would identify a victim of child abuse or any sexual offense.  Also provides an exemption for photographs, videotapes or images of victims of sexual offenses.  Finally, stipulates that such information can be disclosed under certain circumstances, including disclosure for print, publication, or broadcast if a law enforcement agency determines that release of the information would help in locating a person who is missing or endangered.   S. Committee on Criminal Justice

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

 

SB 1998 Electronic Health Records: In pertinent part, amends s. 395.3025, F.S., to facilitate electronic exchange of data between health care facilities, practitioners, and providers and attending physicians.  Similar to HB 637. Sen. Jeremy Ring (D-Margate). WATCH

•           S. Health Regulation Committee: A strike-all amendment making technical changes is adopted; reported favorably as a committee substitute.

 

SB 2574 Exemption/Sexual Violence Victims: Expands the public record exemption under s. 741.313(7)(a), F.S., for personal identifying information contained in written requests for leave that document acts of domestic violence to also exempt acts of sexual violence.  Similar to HB 1141.  Sen. Mike Fasano (R-New Port Richey)

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

 

SB 2610 Exemption/Organ & Tissue Donor Registry: Creates a public record exemption for information identifying donors contained in the organ and tissue donor registry. Similar to HB 1487.  Sen. Steve Oelrich (R-Gainesville)

•           S. Governmental Operations Committee: A traveling amendment making minor technical changes is adopted; reported favorably as a committee substitute.  Now in S. Rules.

 

SB 2762 Confidential Records/DCFS:  In pertinent part, requires the Department of Children and Family Services to maintain a complete and accurate case file of every child under its supervision or custody.  Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child's representative. Finally, allows DCFS to release investigative records if the department secretary determines that disclosure of such records is in the public interest.  Similar to HB 1467.  Sen. Paula Dockery (R-Lakeland)

•           S. Children, Families, and Elder Affairs Committee: A strike-all amendment, with three technical amendments, is adopted; reported favorably as a committee substitute.  As amended, CS/SB 2762, in pertinent part, requires the Department of Children and Family Services to maintain a complete and accurate case file of every child under its supervision or custody.  Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child's representative.  Allows DCFS to release investigative records if the department secretary determines that disclosure of such records is in the public interest and that the public interest outweighs any privacy interests contained in the records.  Finally, allows release of DCFS records upon motion of a court and a showing of good cause by any person or organization.  Now in S. Judiciary.

 

SB 2782 Exemption/DOH - Controlled Substance Database: Creates a public record exemption for information identifying patients, physicians, pharmacists, and pharmacies contained in the controlled substance database maintained by the Department of Health.  Similar to HB 1243.  Sen. Jeff Atwater (R-North Palm Beach)

•           S. Health Regulation Committee: A strike-all amendment combining the substance of SB 2782 and SB 1540 is adopted and SB 2782 is TABLED.  See CS/SB 1540.

 

 

 

2008 LEGISLATIVE REPORT FOR PERIOD ENDING APRIL 11

2008 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 11

 

 

CS/SB 392 Agency Spending Disclosures: Requires all local governments with a website to post information about contracts over $5,000 on the website and, to the extent possible, to provide a link to an electronic copy of such contracts.  Requires the Department of Financial Services (DFS) to develop a uniform format to be used by each local government when posting contract information, stipulating that the format must include: (1) the name of the local government; (2) the name of the corporation or individual who is a party to the contract; (3) the date and the amount of the contract; (4) the purpose of the contract; and (5) basic expenditure categories reported by local governments in annual financial reports submitted to DFS. Finally, requires the Executive Office of the Governor to develop and maintain a portal linking to the DFS state agency contract expenditures report and stipulates that each state agency, to the extent possible, provide a link to an electronic copy of all contracts over $5,000. Similar to HB 181.  Sen. Ronda Storms (R-Brandon)

•           S. Transportation and Economic Development Appropriations Committee: Reported favorably; now on S. Special Order Calendar.

 

CS/HB 605 Exploited Children: In pertinent part, amends current law to stipulate that the state may use a pseudonym instead of the victim's name to designate the victim of any crime involving child pornography. Similar to SB 1442.   Rep. David Rivera (R- Miami)

•           H. Policy & Budget Council: Amended in pertinent part to stipulate that a  pseudonym can be use to identify the victim of any crime involving child pornography at the victim's request.  Reported favorably as a council substitute.  Now on H. Calendar.

 

CS/HB 637 Electronic Health Records: In pertinent part, amends s. 395.3025, F.S., to facilitate electronic exchange of data between health care facilities, practitioners, and providers and attending physicians.  Similar to SB 1998.  Rep. Denise Grimsley (R-Sebring) WATCH

•           H. Policy & Budget Council: Two minor amendments are adopted; reported favorably as a council substitute.  Now on H. Calendar.

 

HB 639 Exemption/Addresses and Phone Numbers - Judicial Officials: Amends s. 119.071(4), F.S., creating a public record exemption for the home addresses and telephone numbers of general magistrates and child support enforcement hearing officers, the home addresses, telephone numbers, and places of employment for their spouses and children, and the name and location of school and day care facilities of the children of such of such personnel if the magistrate or officer provides a written statement that reasonable efforts have been made to protect such information from being accessible through other means available to the public. Similar to SB 766.  Rep. Anitere Flores (R-Miami)

•           H. Governmental Efficiency & Accountability Council: A lengthy amendment is adopted; reported favorably as a council substitute.  As amended, CS/HB 639 creates a public record exemption  for the home addresses and telephone numbers of general magistrates, child support enforcement hearing officers, judges of compensation claims, and administrative law judges of the Division of Administrative hearings the home addresses, telephone numbers, the places of employment for their spouses and children, and the name and location of school and day care facilities of their children if the magistrate, officer, or judge provides a written statement that he or she has made reasonable efforts to protect such information from being accessible through other means available to the public.  Now on H. Calendar.

 

HB 991 Voice of the People Act: Creates the "Vox Populi - Voice of the People Act," requiring local governments to (1) treat citizens with respect and dignity; (2) provide citizens with an opportunity to speak on both agenda and non-agenda items at all public meetings, including workshops; (3) allow citizens to place an item on the agenda by requesting such in writing; (4) allow citizens to remove an item from the consent agenda; and (5) provide citizens with an opportunity to speak during a public hearing.  Finally, (6) requires all local governments to adopt written public participation policies.  Similar to SB 2276.  Rep. Dorothy Hukill (R-Port Orange)

•           H. Governmental Efficiency & Accountability Council: An amendment allowing local governments to opt-out of the public participation requirements upon adoption of a written public participation policy at a public workshop is adopted; reported favorably as a council substitute.  Now on H. Calendar.

 

HB 1061 Ad Valorem Tax Data: Amends s.195.052, F.S., requiring the Department of Revenue  (1) to conduct research and maintain accurate tabulations of ad valorem tax data; (2) to stipulate what data must be collected; and (3) to require that the data be published on the department's website.  Similar to SB 822. Rep. Jack Seiler (D-Pompano Beach)

•           H. Governmental Efficiency & Accountability Council: Reported favorably.  Now in H. Policy & Budget Council.

 

HB 1467 Confidential Records/DCFS: In pertinent part, requires the Department of Children and Family Services (DCFS) to maintain a complete and accurate case file of every child under its supervision or custody.  Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child's representative.  Similar to SB 2762. Rep. Will Weatherford (R-Zephyrhills)

•           H. Governmental Efficiency & Accountability Council: Two amendments, generally technical in nature, are adopted.  Reported favorably as a council substitute.  Now on H. Calendar.

SB 2574 Exemption/Sexual Violence Victims: Expands the public record exemption under s. 741.313(7)(a), F.S., for personal identifying information contained in written requests for leave that document acts of domestic violence to also exempt acts of sexual violence.  Similar to HB 1141.  Sen. Mike Fasano (R-New Port Richey)

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

 

CS/SB 2762 Confidential Records/DCFS:  In pertinent part, requires the Department of Children and Family Services (DCFS) to maintain a complete and accurate case file of every child under its supervision or custody.  Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child's representative.  Allows DCFS to release investigative records if the department secretary determines that disclosure of such records is in the public interest and that the public interest outweighs any privacy interests contained in the records.  Finally, allows release of DCFS records upon motion of a court and a showing of good cause by any person or organization.  Similar to HB 1467.  Sen. Paula Dockery (R-Lakeland)

•           S. Judiciary Committee: Three amendments, mostly technical in nature, are adopted; reported favorably as a committee substitute.  Now in S. Governmental Operations.

 

NEW BILLS FILED

 

HB 7089 Exemption/Juvenile Criminal History Records: Creates a public record for a minor's criminal history record compiled by the Criminal Justice Information Program from intrastate sources.  Stipulates that the exemption does not apply to such records if the minor is arrested for or is convicted of a felony or three misdemeanors, regardless of adjudication.  Allows access under certain specified circumstances.  H. Safety & Security Council

 

HB 7107 OGSR/Photos of Sex Offense Victims: Reenacts and amends s. 119.071(2)(h), F.S., for criminal intelligence or criminal investigative information that would identify a victim of child abuse or any sexual offense.  Also provides an exemption for photographs, videotapes or images of victims of sexual offenses.  Finally, stipulates that such information can be disclosed under certain circumstances, including disclosure for print, publication, or broadcast if a law enforcement agency determines that release of the information would help in locating a person who is missing or endangered.  Similar to SB 1618.  H. Government Efficiency & Accountability Council

 

 

 

2008 LEGISLATIVE REPORT FOR PERIOD ENDING APRIL 18

2008 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 18

 

 

CS/SB 392 Agency Spending Disclosures: Requires all local governments with a website to post information about contracts over $5,000 on the website and, to the extent possible, to provide a link to an electronic copy of such contracts.  Requires the Department of Financial Services (DFS) to develop a uniform format to be used by each local government when posting contract information, stipulating that the format must include: (1) the name of the local government; (2) the name of the corporation or individual who is a party to the contract; (3) the date and the amount of the contract; (4) the purpose of the contract; and (5) basic expenditure categories reported by local governments in annual financial reports submitted to DFS. Finally, requires the Executive Office of the Governor to develop and maintain a portal linking to the DFS state agency contract expenditures report and stipulates that each state agency, to the extent possible, provide a link to an electronic copy of all contracts over $5,000. Similar to HB 181.  Sen. Ronda Storms (R-Brandon)

•           Senate: Passed by a vote of 37/1 (Sen. Oelrich voting no).  Now in H. Messages.

 

CS/HB 863 Exemption/Donors - Department of Veterans' Affairs: Creates a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans' Affairs if the donor or prospective donor requests anonymity.  Also creates an exemption for portions of meetings of the direct-support organization during which the identity of donors or potential donors is discussed.  Similar to SB 1464. Rep. Ron Reagan (R-Sarasota)

•           H. Policy & Budget Council: Reported favorably.

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

 

HB 965 Exemption/Home Addresses - EMTs and Paramedics: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of active or former certified emergency medical technicians or paramedics; the names, home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of such technicians and paramedics; and the names and locations of schools and daycare facilities attended by children of such technicians and paramedics.  Similar to SB 1660. Rep. Matt Hudson (R-Naples)

 

•           H. Governmental Efficiency & Accountability Council: An amendment narrowing the exemption is adopted; reported favorably as a council substitute.  As amended, CS/HB 965 creates a public record exemption for the home addresses, telephone numbers, and photographs of active or former certified emergency medical technicians or paramedics; the names, home addresses, telephone numbers, and places of employment of the spouses and children of such technicians and paramedics; and the names and locations of schools and daycare facilities attended by children of such technicians and paramedics.  Now on H. Calendar.

 

HB 1061 Ad Valorem Tax Data: Amends s.195.052, F.S., requiring the Department of Revenue  (1) to conduct research and maintain accurate tabulations of ad valorem tax data; (2) to stipulate what data must be collected; and (3) to require that the data be published on the department's website.  Similar to SB 822. Rep. Jack Seiler (D-Pompano Beach)

•           H. Policy & Budget Council: One minor amendment adopted; reported favorably as a council substitute.  Now on H. Calendar.

 

SB 1090 OGSR/Florida Kidcare: Reenacts and amends s. 409.821, F.S., providing a public record exemption for personal identifying information of Florida Kidcare program applicants or enrollees, to allow access by the parent or legal guardian of an enrollee.  S. Health Policy Committee

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

 

CS/HB 1141 Exemption/Sexual Violence Victims: Expands the public record exemption under s. 741.313(7)(a), F.S., for personal identifying information contained in written requests for leave that document acts of domestic violence to also exempt acts of sexual violence.  Similar to SB 2574.  Rep. Evan Jenne (D-Davie)

•           H. Policy & Budget Council: Reported favorably; now on H. Calendar.

 

CS/SB 1442 Exploited Children: In pertinent part, amends current law to stipulate that the state may use a pseudonym instead of the victim's name to designate the victim of any crime involving child pornography. Similar to HB 605.   Rep. David Rivera (R- Miami)

•           S. Criminal and Civil Justice Appropriations Committee: Two amendments relating to child pornography prosecutions and the definition of the crime are adopted; reported favorably as a committee substitute.  Now on S. Calendar.

 

HB 1487 Exemption/Organ Donors: Creates s. 765.5155, F.S., providing for the identification information of donors held in the organ tissue donation registry to be made confidential and exempt.  Such information may be disclosed to organ, tissue, and eye procurement organizations that have been certified by the Agency for Health Care Administration.  Similar to SB 2610.  Rep. Alan Hays (R-Umatilla)

•           H. Healthcare Council: Two minor amendments are adopted; reported favorably as a council substitute.  Now in H. Policy & Budget.

 

 

CS/SB 1616 Concealed Weapons License Data: Amends s. 790.065, F.S., authorizing the Department of Law Enforcement to disclose data collected from court records to the Department of Agriculture and Consumer Services for purposes of determining whether the concealed weapons license of a person adjudicated incapacitated or committed to a mental institution should be revoked or suspended. S. Committee on Criminal Justice WATCH

•           Senate: One minor technical amendment adopted on second reading; passed the Senate unanimously as amended.  Now in H. Messages.

 

CS/SB 1630 OGSR/Department of Agriculture/Investigations: Reenacts with slight modification the public record exemption in s. 500.148, F.S., for certain information provided to the Department of Agriculture and Consumer Services relating to food safety or illness. S. Committee on Agriculture

•           Senate: Passed unanimously; now in H. Messages.

 

CS/SB 1998 Electronic Health Records: In pertinent part, amends s. 395.3025, F.S., to facilitate electronic exchange of data between health care facilities, practitioners, and providers and attending physicians.  Similar to HB 637. Sen. Jeremy Ring (D-Margate). WATCH

•           S. Banking & Insurance Committee: One technical amendment adopted; reported favorably with one amendment.  Now in S. Governmental Operations.

 

CS/SB 2224 OGSR/Paratransit Services: Reenacts and expands the public record exemption in s. 119.0713(2), F.S., for personal identifying information in records relating to a person's health held by a local government for the purpose of determining eligibility for paratransit services.  As amended, exempts personal identifying information of applicants for or recipients of paratransit services held by any agency.  Allows for disclosure under certain specified conditions.  S. Committee on Community Affairs

•           Senate: Passed unanimously; now in H. Messages.

 

CS/SB 2484 Exemption/Discrimination Complaints: Expands the current public record exemption for records relating to discrimination complaints by applying the exemption to all agencies as defined in ch. 119, F.S. Similar to HB 7033.  Sen. Bill Posey (R-Rockledge)

•           S. Community Affairs Committee: Reported favorably.  Now in S. Governmental Operations.

 

SB 2574 Exemption/Sexual Violence Victims: Expands the public record exemption under s. 741.313(7)(a), F.S., for personal identifying information contained in written requests for leave that document acts of domestic violence to also exempt acts of sexual violence.  Similar to HB 1141.  Sen. Mike Fasano (R-New Port Richey)

•           S. Judiciary Committee: Traveling, clarifying amendment is adopted; reported favorably as a committee substitute.  Now in S. Rules.

 

CS/SB 2610 Exemption/Organ & Tissue Donor Registry: Creates a public record exemption for information identifying donors contained in the organ and tissue donor registry. Similar to HB 1487.  Sen. Steve Oelrich (R-Gainesville)

•           Senate: Passed unanimously; now in H. Messages.

SB 2676 Pretrial Release Program Records: In pertinent part, requires pretrial release programs to prepare a register displaying certain, specified information about defendants released through such programs.  Stipulates that such registers are to be located in the clerk of court's office in the county where the program is located and that the registers must be readily accessible to the public.  Defines "pretrial release program" as an entity, public or private, that conducts investigations of pretrial detainees, makes pretrial release recommendations to a court, and electronically monitors and supervises pretrial defendants.  Similar to HB 1441.  Sen. Victor Crist (R-Tampa)

•           S. Judiciary Committee: Two minor amendments are adopted; reported favorably as a committee substitute.  Now in S. Criminal and Civil Justice Appropriations.

 

HB 7117 Criminal Use of Personal Information: Increases the penalties for misdemeanors and felonies if personal identifying information was used during the commission of the crime.  Similar to SB 122.  H. Safety & Security Council

•           H. Policy & Budget Council: Reported favorably by a vote of 32/1 (Rep. Vana voting no); now on H. Calendar.

 

 

 

 

 

2008 LEGISLATIVE REPORT FOR PERIOD ENDING APRIL 25

2008 LEGISLATIVE REPORT
FOR PERIOD ENDING APRIL 25

 

 

CS/HB 637 Electronic Health Records: In pertinent part, amends s. 395.3025, F.S., to facilitate electronic exchange of data between health care facilities, practitioners, and providers and attending physicians.  Similar to SB 1998.  Rep. Denise Grimsley (R-Sebring) WATCH

•           House: Passed unanimously; now in S. Messages.

 

CS/SB 766 Exemption/Addresses and Phone Numbers - Judicial Officials: Amends s. 119.071(4), F.S., creating a public record exemption  for the home addresses and telephone numbers of general magistrates, child support enforcement hearing officers, judges of compensation claims, and administrative law judges of the Division of Administrative hearings the home addresses, telephone numbers, the places of employment for their spouses and children, and the name and location of school and day care facilities of their children if the magistrate, officer, or judge provides a written statement that he or she has made reasonable efforts to protect such information from being accessible through other means available to the public.  Similar to HB 639.  Sen. Nan Rich (D-Sunrise)

•           Senate: Passed the Senate unanimously.  Now in H. Messages.

 

SB 822 Ad Valorem Tax Data:  Amends s.195.052, F.S., requiring the Department of Revenue  (1) to conduct research and maintain accurate tabulations of ad valorem tax data; (2) to stipulate what data must be collected; and (3) to require that the data be published on the department's website.  Similar to HB 1061.  Sen. Jeff Atwater (R-North Palm Beach)

•           S. Community Affairs Committee: A strike all amendment making minor changes is adopted; reported favorably with one amendment.  Now in S. Finance and Taxation Committee.

 

CS/HB 863 Exemption/Donors - Department of Veterans' Affairs: Creates a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans' Affairs if the donor or prospective donor requests anonymity.  Also creates an exemption for portions of meetings of the direct-support organization during which the identity of donors or potential donors is discussed.  Similar to SB 1464. Rep. Ron Reagan (R-Sarasota)

•           Senate: Passed the Senate unanimously.  PASSED THE LEGISLATURE.

 

CS/HB 991 Voice of the People Act: Creates the "Vox Populi - Voice of the People Act," requiring local governments to (1) treat citizens with respect and dignity; (2) provide citizens with an opportunity to speak on both agenda and non-agenda items at all public meetings, including workshops; (3) allow citizens to place an item on the agenda by requesting such in writing; (4) allow citizens to remove an item from the consent agenda; and (5) provide citizens with an opportunity to speak during a public hearing.  Finally, (6) requires all local governments to adopt written public participation policies, stipulating that if such written policies are adopted at a public workshop, local governments can opt-out of public participation requirements (1) - (5).  Similar to SB 2276.  Rep. Dorothy Hukill (R-Port Orange)

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

 

SB 1042 OGSR/Putative Father Registry: Reenacts and amends s. 63.0541, F.S., providing a public record exemption for information in the Florida Putative Father Registry to allow disclosure of the exempt information to the birth mother upon receipt of a notarized request for a copy of any registry entry in which she is identified as the birth mother.  Similar to HB 7029.  S. Children, Families, and Elder Affairs Committee

•           Senate: Passed the Senate unanimously.  Now in H. Messages.

 

SB 1044 Child Abuse Reporting: In pertinent part, amends s. 39.205, F.S., requiring the Department of Children and Family Services to provide an annual report to the Legislature which includes the number of: (1) suspected false reports of child abuse, abandonment, or neglect; (2) false reports that are referred to a law enforcement agency for investigation; (3) false reports that are reviewed by the department for potential administrative fines; (4) investigations conducted by the department or its authorized agent as a result of a report of child abuse, abandonment, or neglect; (5) reports that are closed with no findings of alleged maltreatment; (6) administrative fines that are levied and collected pursuant to s. 39.206(1); and (7) false reports of child abuse, abandonment, or neglect which result in prosecution.  S. Children, Families, and Elder Affairs Committee WATCH

•           S. Criminal Justice Committee: Reported favorably.  Now on S. Calendar.

 

SB 1046 OGSR/Foster Parents: Reenacts and amends s. 409.175, F.S., slightly narrowing the public record exemption relating to information held by the Department of Children and Family Services regarding foster care parents.  Similar to HB 7051. S. Children, Families, and Elder Affairs Committee

•           Senate: Passed the Senate unanimously.  Now in H. Messages.

 

CS/SB 1442 Exploited Children: In pertinent part, amends current law to stipulate that the state may use a pseudonym instead of the victim's name to designate the victim of any crime involving child pornography. Similar to HB 605.   Sen. Paula Dockery (R-Lakeland)

•           Senate: One minor amendment is adopted; passed the Senate unanimously.  Now in H. Messages.

CS/SB 1464 Exemption/Donors - Department of Veterans' Affairs: Creates  a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans' Affairs if the donor or prospective donor requests anonymity.  Also creates an exemption for portions of meetings of the direct-support organization during which the identity of donors or potential donors is discussed.  Similar to HB 863. Sen. Charles Dean (R-Inverness)

•           Senate: Tabled; CS/HB 863 substituted.  See CS/HB 863.

 

CS/HB 1467 Confidential Records/DCFS: In pertinent part, requires the Department of Children and Family Services (DCFS) to maintain a complete and accurate case file of every child under its supervision or custody.  Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child's representative. Finally, allows DCFS to release investigative records if the department secretary determines that disclosure of such records is in the public interest.  Similar to SB 2762. Rep. Will Weatherford (R-Zephyrhills)

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

 

CS/SB 1618 OGSR/Photos of Sex Offense Victims: Reenacts and amends s. 119.071(2)(h), F.S., for criminal intelligence or criminal investigative information that would identify a victim of child abuse or any sexual offense.  Also provides an exemption for photographs, videotapes or images of victims of sexual offenses.  Finally, stipulates that such information can be disclosed under certain circumstances, including disclosure for print, publication, or broadcast if a law enforcement agency determines that release of the information would help in locating a person who is missing or endangered.  Similar to HB 7107.  S. Committee on Criminal Justice

•           Senate: One minor amendment is adopted; passed the Senate unanimously as amended.  Now in H. Messages.

 

CS/SB 1998 Electronic Health Records: In pertinent part, amends s. 395.3025, F.S., to facilitate electronic exchange of data between health care facilities, practitioners, and providers and attending physicians.  Similar to HB 637. Sen. Jeremy Ring (D-Margate). WATCH

•           S. Governmental Operations Committee: A strike-all amendment is adopted, reported favorably as a committee substitute.  As amended, CS/CS/SB 1998 amends s. 395.3025, F.S., to allow a health information exchange for the sole purpose of processing and transmitting electronic medical records among those persons or entities with authorized access to such records.  Now in S. Health and Human Services Appropriations Committee.

 

CS/SB 2676 Pretrial Release Program Records: In pertinent part, requires pretrial release programs to prepare a register displaying certain, specified information about defendants released through such programs.  Stipulates that such registers are to be located in the clerk of court's office in the county where the program is located and that the registers must be readily accessible to the public.  Defines "pretrial release program" as an entity, public or private, that conducts investigations of pretrial detainees, makes pretrial release recommendations to a court, and electronically monitors and supervises pretrial defendants.  Similar to HB 1441.  Sen. Victor Crist (R-Tampa) WATCH

•           S. Criminal & Civil Justice Appropriations Committee: Two minor amendments are adopted; reported favorably as a committee substitute.  Now on S. Calendar.

 

CS/SB 2762 Confidential Records/DCFS:  In pertinent part, requires the Department of Children and Family Services (DCFS) to maintain a complete and accurate case file of every child under its supervision or custody.  Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child's representative.  Allows DCFS to release investigative records if the department secretary determines that disclosure of such records is in the public interest and that the public interest outweighs any privacy interests contained in the records.  Finally, allows release of DCFS records upon motion of a court and a showing of good cause by any person or organization.  Similar to HB 1467.  Sen. Paula Dockery (R-Lakeland)

•           S. Governmental Operations Committee:  A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/CS/SB 2762, in pertinent part, requires the Department of Children and Family Services (DCFS) to maintain a complete and accurate case file of every child under its supervision or custody.  Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child's representative.  Stipulates that the release of such records must be in a manner and setting that is appropriate to the age and maturity of the child and the nature of the information being released.  Allows DCFS to release investigative records if the department secretary determines, in a written statement, that disclosure of such records is in the public interest and that the public interest outweighs any privacy interests contained in the records. Finally, allows release of DCFS records upon motion of a court and a showing of good cause by any person or organization. Now on S. Calendar.

 

HB 7089 Exemption/Juvenile Criminal History Records: Creates a public record for a minor's criminal history record compiled by the Criminal Justice Information Program from intrastate sources.  Stipulates that the exemption does not apply to such records if the minor is arrested for or is convicted of a felony or three misdemeanors, regardless of adjudication.  Allows access under certain specified circumstances.  H. Safety & Security Council

•           H. Policy & Budget Council: Reported favorably by a vote of 25/3 (Reps. Ausley, Brandenburg, and Seiler voting no); now on H. Calendar.

•           House: A minor amendment to the required statement of public necessity is adopted; passed by a vote of 109/1 as amended (Rep. Brandenburg voting no).  Now in S. Messages.

 

NEW BILLS FILED

 

HB 7149 Information Technology/Public Records: Amends public record retention requirements in chapter 119, F.S., stipulating in pertinent part that the Division of Library and Information Services adopt rules to establish a process for the disposal of public records.  H. Government Efficiency & Accountability

 

 

 

 

 

2008 LEGISLATIVE REPORT FOR PERIOD ENDING MAY 2

2008 LEGISLATIVE REPORT
FOR PERIOD ENDING MAY 2

What follows is a list of all the bills we tracked during the 2008 Legislative Session, and the final action on each bill.  You will find a description of each bill that passed the 2008 Legislature starting on page 7.

Final Action/Open Government Bills

2008 Legislative Session

 

SB 102 Exemption/Juvenile Blood Tests - DJJ

Sen. Frederica Wilson (D-Miami Gardens)

• Died in committee.

 

SB 122 and HB 7117 Criminal Use/Personal Information

Sen. Mike Fasano (R-New Port Richey); H. Safety & Security Council

• SB 122 was withdrawn from consideration; HB 7117 died on H. Calendar.

 

HB 181 and CS/SB 392 Government Agencies/Spending Disclosure

Rep. Gayle Harrell (R-Port St. Lucie); Sen. Ronda Storms (R-Brandon)

• HB 181 died in committee; CS/SB 392 passed the Senate, was amended by the House, and died in S. Returning Messages.

 

SB 250 Expunction/Criminal Records

Sen. Frederica Wilson (D-Miami Gardens)

• Died in committee.

 

HB 327 and SB 2770 Exemption/Security Videos

Rep. Ari Abraham Porth (D-Coral Springs); Sen. Jeff Atwater (R-North Palm Beach)

• Both bills died in committee.

 

SB 356 Exemption/Identity of Donors - Public Buildings

Sen. Jeremy Ring (D-Margate)

• Died in committee.

HB 373 Sealing Criminal History Records

Rep. Chuck Chestnut (D-Gainesville)

• Died in committee.

 

SB 418 Exemption/Alternative Energy Center

Sen. Mike Bennett (R-Bradenton)

• Died in committee.

 

SB 468 Fingerprinting - Child Care Personnel

Sen. Tony Hill (D-Jacksonville)

• Died in committee.

 

SB 506 Juvenile Arrest Records

Sen. Frederica Wilson (D-Miami Gardens)

• Died in committee.

 

CS/HB 605 and CS/SB 1442 Exploited Children

Rep. David Rivera (R-Miami); Sen. Paula Dockery (R-Lakeland)

• CS/HB 605 was tabled; CS/SB 1442 passed the Legislature.  See CS/SB 1442.

 

CS/HB 637 and CS/SB 1998 Electronic Health Records

Rep. Denise Grimsley (R-Sebring); Sen. Jeremy Ring (D-Margate)

• CS/HB 637 passed the House and died in S. Messages; CS/SB 1998 died in committee.

 

CS/HB 639 and CS/SB 766, Exemption/Home Addresses - Judicial Officials

Rep. Anitere Flores (R-Miami); Sen. Nan Rich (D-Sunrise)

• CS/HB 639 was tabled; CS/SB 766 passed the Legislature.  See CS/SB 766.

 

HB 759 Exemption/Personal Identifying Information

Rep. Perry Thurston (D-Ft. Lauderdale)

• Died in committee.

 

SB 806 Exemption/Investigations - Seaport Security

Sen. Ronda Storms (R-Brandon)

• Died in committee.

 

SB 822 and CS/HB 1061 Ad Valorem Tax Data

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

• SB 822 died in committee; CS/HB 1061 died on H. Calendar.

 

CS/HB 863 and CS/SB 1464 Exemption/Identity of Donors - Veteran's Affairs

Rep. Ron Regan (R-Sarasota); Sen. Charlie Dean (R-Inverness)

• CS/HB 863 passed the Legislature; CS/SB 1464 was tabled.  See CS/HB 863.

 

SB 870 Exemption/Domestic Violence Injunctions

Sen. Mike Fasano (R-New Port Richey)

• Died in committee.

SB 904 Exemption/Shell Bill

Sen. Mandy Dawson (D-Ft. Lauderdale)

• Died in committee.

 

SB 912 Shell Bill/Electronic Health Records

Sen. Jeff Atwater (R-North Palm Beach)

• Died in committee.

 

SB 918 Exemption/Shell Bill

Sen. Jeff Atwater (R-North Palm Beach)

• Died in committee.

 

HB 947 and SB 1244 Political Advertisements

Rep. Richard Maycheck (D-Delray Beach); Sen. Ted Deutch (D-Delray Beach)

• Both bills died in committee.

 

CS/HB 965 and SB 1660 Exemption/Home Addresses - EMTs

Rep. Matt Hudson (R-Naples); Sen. Dave Aronberg (D-Greenacres)

• CS/HB 965 died on H. Calendar; SB 1660 died in committee.

 

CS/HB 991 and SB 2276 Vox Populi/Public Participation at Public Meetings

Rep. Dorothy Hukill (R-Port Orange); Sen. Evelyn Lynn (R-Daytona)

• CS/HB 991 passed the House and died in S. Messages; SB 2276 died in committee.

 

CS/SB 1042 and HB 7029 OGSR/Putative Father Registry

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

• CS/SB 1042 passed the Legislature; HB 7029 was tabled.  See CS/SB 1042.

 

SB 1044 Child Abuse Reports

S. Children & Families Committee

• SB 1044 died on S. Calendar.

 

SB 1046 and HB 7051 OGSR/Foster Parents - DCFS

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

• SB 1046 passed the Legislature; HB 7051 was tabled.  See SB 1046.

 

HB 1051 and SB 2380 Exemption/Investigative Records - State Fire Marshall

Rep. Luis Garcia (D-Miami); Sen. Burt Saunders (R-Naples)

• Both bills died in committee.

 

SB 1058 Exemption/Shell Bill

Sen. Alex Villalobos (R-Miami)

• Died in committee.

 

CS/SB 1090 and HB 7053 OGSR/Florida Kidcare Program

S. Health Policy Committee; H. Government Efficiency & Accountability Council

• CS/SB 1090 was tabled; HB 7053 passed the Legislature.  See HB 7053.

 

CS/HB 1141 and CS/SB 2574 Exemption/Sexual Violence Victims

Rep. Evan Jenne (D-Davie); Sen. Mike Fasano (R-New Port Richey)

• CS/HB 1141 passed the Legislature; CS/SB 2574 was tabled.  See CS/HB 1141.

 

SB 1144 Public Records Shell Bill

Sen. Ronda Storms (R-Brandon)

• Died in committee.

 

SB 1156 Public Records Shell Bill

Sen. Ronda Storms (R-Brandon)

• Died in committee.

 

CS/HB 1203 and CS/SB 2546 Commission for Military Children

Rep. Bill Proctor (R-St. Augustine); Sen. Ronda Storms (R-Brandon)

• CS/HB 1203 passed the Legislature; CS/SB 2546 was tabled.  See CS/HB 1203.

 

HB 1243, CS/SB 1540, and SB 2782 Exemption/Controlled Substance Database

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

• HB 1243 and CS/SB 1540 died in committee; SB 2782 was tabled.

 

HB 1389 Expunging Criminal History Records

Rep. Perry Thurston (D-Ft. Lauderdale)

• Died in committee.

 

SB 1390 Exemption/Pharmaceutical Sales

Sen. Burt Saunders (R-Naples)

• Died in committee.

 

SB 1392 Exemption/Shell Bill

Sen. Al Lawson (D-Tallahassee)

• Died in committee.

 

SB 1394 Exemption/Shell Bill

Sen. Al Lawson (D-Tallahassee)

• Died in committee.

 

SB 1396 Exemption/Shell Bill

Sen. Al Lawson (D-Tallahassee)

• Died in committee.

SB 1400 Exemption/Shell Bill

Sen. Al Lawson (D-Tallahassee)

• Died in committee.

 

SB 1402 Exemption/Shell Bill

Sen. Al Lawson (D-Tallahassee)

• Died in committee.

 

HB 1403 Exemption/Assisted Living Facility Residents

Rep. Hugh Gibson (R-The Villages)

• Died in committee.

 

HB 1407 and CS/SB 1616 FDLE/Concealed Weapon Permits

Rep. Sandy Adams (R-Oviedo); S. Criminal Justice Committee

• HB 1407 died in committee; CS/SB 1616 passed the Legislature.  See CS/SB 1616.

 

CS/HB 1441 and CS/SB 2676 Pre-Trial Release Program Records

Rep. Mitch Needelman (R-Melbourne); Sen. Victor Crist (R-Tampa)

• CS/HB 1441 was tabled; CS/SB 2676 passed the Legislature.  See CS/SB 2676.

 

CS/HB 1467 and CS/SB 2762 Confidential Records - DCFS

Rep. Will Weatherford (R-Zephyrhills); Sen. Paula Dockery (R-Lakeland)

• CS/HB 1467 passed the House and died in S. Messages; CS/SB 2762 died on S. Calendar.

 

CS/HB 1487 and CS/SB 2610 Exemption/Identity of Organ Donors

Rep. Alan Hays (R-Umatilla); Sen. Steve Oelrich (R-Gainesville)

• CS/HB 1487 died pending House review; CS/SB 2610 passed the Legislature.  See CS/SB 2610.

 

SB 1510 Exemption/Pending Litigation

Sen. Steve Geller (D-Hallandale Beach)

• Died in committee.

 

HB 1537 and SB 2240 Voting Rights

Rep. Oscar Braynon (D-Miami Gardens); Sen. Tony Hill (D-Jacksonville)

• Both bills died in committee.

 

CS/SB 1618 and HB 7107 OGSR/Victims of Child Abuse or Sex Crimes

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

• CS/SB 1618 passed the Legislature; HB 7107 was tabled.  See CS/SB 1618.

 

CS/SB 1630 and HB 7055 OGSR/DOAC Investigations

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

• CS/SB 1630 passed the Legislature; HB 7055 was tabled.  See CS/SB 1630.

 

SB 1720 Public Records/Shell Bill

Sen. Steve Oelrich (R-Gainesville)

• Died in committee.

 

SB 1926 Public Records/Shell Bill

Sen. Dan Gaetz (R-Ft. Walton Beach)

• Died in committee.

 

SB 1930 Public Records/Shell Bill

Sen. Dan Gaetz (R-Ft. Walton Beach)

• Died in committee.

 

SB 2008 Improving Access to Public Records

S. Governmental Operations Committee

• Died in committee.

 

SB 2038 Exemption/Investigative Reports - DFS

Sen. Al Lawson (D-Tallahassee)

• Died in committee.

 

CS/SB 2224 and HB 7031 OGSR/Paratransit Services

S. Community Affairs Committee; H. Governmental Efficiency & Accountability Council

• CS/SB 2224 passed the Legislature; HB 7031 was tabled.  See CS/SB 2224.

 

SB 2254 Criminal History Records/Expunction and Sealing

Sen. Gary Siplin (D-Orlando)

• Died in committee.

 

SB 2450 Financial Disclosures/Elected Officers

Sen. Bill Posey (R-Rockledge)

• Died in committee.

 

CS/SB 2484 and HB 7033 Exemption/Discrimination Complaints

Sen. Bill Posey (R-Rockledge); H. Governmental Efficiency & Accountability Council

• CS/SB 2484 was tabled; HB 7033 passed the Legislature.  See HB 7033.

 

SB 2824 Exemption/Florida Combustion Center

Sen. Bill Posey (R-Rockledge)

• Died in committee.

 

HB 7089 Exemption/Juvenile Criminal History Records

H. Safety & Security Council

• Passed the House and died in S. Messages.

 

HB 7149 Information Technology/Public Records

H. Government Efficiency & Accountability Council

• Died, reference deferred.

 

OPEN GOVERNMENT BILLS PASSED IN 2008 SESSION

 

1)        CS/SB 766 Exemption/Addresses and Phone Numbers - Judicial Officials: Amends s. 119.071(4), F.S., creating a public record exemption for the home addresses and telephone numbers of general and special magistrates, child support enforcement hearing officers, judges of compensation claims, and administrative law judges of the Division of Administrative hearings,  the home addresses, telephone numbers, and the places of employment for their spouses and children, and the name and location of school and day care facilities of their children if the magistrate, officer, or judge provides a written statement that he or she has made reasonable efforts to protect such information from being accessible through other means available to the public.  Similar to CS/HB 639.  Sen. Nan Rich (D-Sunrise)

•           Passed both chambers unanimously.

 

2)        CS/HB 863 Exemption/Donors - Department of Veterans' Affairs: Creates a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans' Affairs if the donor or prospective donor requests anonymity.  Also creates an exemption for portions of meetings of the direct-support organization during which the identity of donors or potential donors is discussed.  Similar to CS/SB 1464. Rep. Ron Reagan (R-Sarasota)

•           Passed both chambers unanimously.

 

3)        CS/SB 1042 OGSR/Putative Father Registry: Reenacts and slightly amends s. 63.0541, F.S., providing a public record exemption for information in the Florida Putative Father Registry to allow disclosure of the exempt information to the birth mother upon receipt of a notarized request for a copy of any registry entry in which she is identified as the birth mother.  Similar to HB 7029.  S. Children, Families, and Elder Affairs Committee

•           Passed both chambers unanimously.

 

4)        SB 1046 OGSR/Foster Parents: Reenacts and amends s. 409.175, F.S., slightly narrowing the public record exemption relating to information held by the Department of Children and Family Services regarding foster care parents.  Similar to HB 7051. S. Children, Families, and Elder Affairs Committee

•           Passed both chambers unanimously.

 

5)        CS/HB 1141 Exemption/Sexual Violence Victims: Slightly expands the public record exemption under s. 741.313(7)(a), F.S., for personal identifying information contained in written requests for leave that document acts of domestic violence to also exempt such information contained in written requests for leave documenting acts of sexual violence.  Similar to CS/SB 2574.  Rep. Evan Jenne (D-Davie)

•           Passed both chambers unanimously.

 

6)        CS/HB 1203 Educational Opportunity for Military Children: In pertinent part, creates the Interstate Commission on Educational Opportunity for Military Children, stipulating that all commission meetings must be open to the public except as provided by Commission rules.  Authorizes closure of Commission meetings that (1) relate solely to internal personnel practices and procedures, (2) disclose matters specifically exempt by state or federal law; (3) disclose trade secrets or privileged commercial or financial information; (4) involve accusing a person of a crime or formally censuring a person; (5) disclose personal information that would constitute an invasion of personal privacy; (6) disclose law enforcement investigative records; or (7) relate to the Commission's participation in a legal proceeding.  Finally, requires the Governor to execute the Interstate Compact on Educational Opportunity for Military Children if a specified number of other states agree to participate in the Compact.  Similar to CS/SB 2546.  Rep. Bill Proctor (R-St. Augustine) NOTE: The meetings provisions in CS/HB 1203 clearly violate Art. I, s. 24, Fla. Con., but will take effect only if the interstate compact is formed.  In addition, it's possible that the Governor can execute the compact without including the unconstitutional meetings provisions.

•           Passed the House by a vote of 107/1 (Rep. Susan Bucher voting no); passed the Senate unanimously.

 

7)        CS/SB 1442 Exploited Children: In pertinent part, amends current law to stipulate that the state may use a pseudonym instead of the victim's name to designate the victim of any crime involving child pornography. Similar to CS/HB 605.  Sen. Paula Dockery (R-Lakeland) DOES NOT CREATE AN EXEMPTION

•           Passed both chambers unanimously.

 

8)        CS/SB 1616 Concealed Weapons License Data: Amends s. 790.065, F.S., authorizing the Department of Law Enforcement to disclose data collected from court records to the Department of Agriculture and Consumer Services for purposes of determining whether the concealed weapons license of a person adjudicated incapacitated or committed to a mental institution should be revoked or suspended. S. Committee on Criminal Justice DOES NOT CREATE AN EXEMPTION

•           Passed both chambers unanimously.

 

9)        CS/SB 1618 OGSR/Photos of Sex Offense Victims: Reenacts and amends s. 119.071(2)(h), F.S., for criminal intelligence or criminal investigative information that would identify a victim of child abuse or any sexual offense.  As amended, slightly expands the exemption to include photographs, videotapes or images of victims of sexual offenses.  Finally, stipulates that such information can be disclosed under certain circumstances, including disclosure for print, publication, or broadcast if a law enforcement agency determines that release of the information would help in locating a person who is missing or endangered.  Similar to HB 7107.  S. Committee on Criminal Justice

•           Passed both chambers unanimously.

10)       CS/SB 1630 OGSR/Department of Agriculture/Investigations: Reenacts with slight modification the public record exemption in s. 500.148, F.S., for certain information provided to the Department of Agriculture and Consumer Services relating to food safety or illness. S. Committee on Agriculture

•           Passed both chambers unanimously.

 

11)       CS/SB 2224 OGSR/Paratransit Services: Reenacts and slightly expands the public record exemption in s. 119.0713(2), F.S., for personal identifying information in records relating to a person's health held by a local government for the purpose of determining eligibility for paratransit services.  As amended, exempts personal identifying information of applicants for or recipients of paratransit services held by any agency.  Allows for disclosure under certain specified conditions.  Similar to HB 7031.  S. Committee on Community Affairs

•           Passed both chambers unanimously.

 

12)       CS/SB 2610 Exemption/Organ & Tissue Donor Registry: Creates a public record exemption for information identifying donors contained in the organ and tissue donor registry. Allows disclosure under certain specified conditions.  Similar to CS/HB 1487.  Sen. Steve Oelrich (R-Gainesville)

•           Passed both chambers unanimously.

 

13)       CS/SB 2676 Pretrial Release Program Records: In pertinent part, requires pretrial release programs to prepare a register displaying certain, specified information about defendants released through such programs.  Stipulates that such registers are to be located in the clerk of court's office in the county where the program is located and that the registers must be readily accessible to the public.  Defines "pretrial release program" as an entity, public or private, that conducts investigations of pretrial detainees, makes pretrial release recommendations to a court, and electronically monitors and supervises pretrial defendants.  Similar to CS/HB 1441.  Sen. Victor Crist (R-Tampa) DOES NOT CREATE AN EXEMPTION

•           Passed both chambers unanimously.

 

14)       HB 7033 Exemption/Discrimination Complaints: Slightly expands the current public record exemption for records relating to discrimination complaints by applying the exemption to all agencies as defined in ch. 119, F.S. Similar to CS/SB 2484.  H. Government Efficiency & Accountability Council

•           Passed both chambers unanimously.

 

15)       HB 7053 OGSR/Florida Kidcare Program: Reenacts and amends s. 409.821, F.S., providing a public record exemption for personal identifying information of Florida Kidcare program applicants or enrollees, to allow access by the parent or legal guardian of an enrollee.  Similar to CS/SB 1090.  H. Governmental Efficiency & Accountability Council

•           Passed both chambers unanimously.

2008 LEGISLATIVE REPORT PRESESSION

2008 LEGISLATIVE REPORT
PRESESSION

Foundation Members:  The following is a list of the bills, grouped by general category, we will be tracking throughout the 2008 Legislative Session.  As usual, we have selected those bills with open government and first amendment implications we think will be of interest to our members.  After the summary of each open government bill, you will find an easily recognizable indication of whether the bill is good or bad.  Under this reporting system, = Good and = Bad.  Those bills that are neither good nor bad will not be marked.  If we're not sure of a bill, it will be marked with ???.  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.  Bills are listed in numerical order.  When the text of the bill and its companion are identical, only the first bill listed is analyzed.  We suggest you keep this pre-session report, as the weekly reports will not contain a complete description of all the bills.  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".  The 2008 Legislature will be reviewing all exemptions created in 2003.  Those bills will be included in our legislative reports and are designated "OGSR".

 

PUBLIC RECORDS and OPEN MEETINGS

 

SB 102 Exemption/Juvenile Blood Tests: Creates a public record exemption for blood test results of juveniles tested by a juvenile assessment center for infectious diseases. Allows access under certain specified conditions.  Sen. Frederica Wilson (D-Miami Gardens)

 

SB 122 Fraudulent Use of Personal Information: Amends s. 817.568 F.S., to make the willful and fraudulent use of personal identification information relating to individuals 65 years of age or older without consent of the individual a first degree felony.  Sen. Mike Fasano (R-New Port Richey)

 

HB 181 Agency Spending Disclosures: Requires the Department of State to create and manage a free website listing, for each quarter of each calendar year, each expenditure over $5,000 made by a governmental entity to a person under contract by the: (1) name of the governmental entity making the expenditure; (2) name of the person receiving the funds; (3) date of the expenditure; and (4) purpose of the expenditure.  In addition, requires that the website include an electronic copy of each contract listed. Similar to SB 392.  Rep. Gayle Harrell (R-Port St. Lucie)

•           H. Audit & Performance Committee: Reported favorably with one amendment.  As amended, requires agency websites to list, for each quarter of the calendar year, each expenditure over $5,000 made by a governmental entity to a person under contract by the: (1) name of the governmental entity making the expenditure; (2) name of the person receiving the funds; (3) date of the expenditure; and (4) purpose of the expenditure.  In addition, requires that the websites include an electronic copy of each contract listed.  Finally, requires the Governor's Office to provide a portal with links to the required websites.

 

SB 250 Criminal History Records/Expunction and Sealing: In pertinent part, amends s. 943.0515, F.S., requiring the Department of Law Enforcement to notify certain specified agencies of the criminal records of a minor which are expunged. Additionally, mandates that any criminal history record expunged by the department be physically destroyed by any agency with custody of the record. Sen. Frederica Wilson (D-Miami Gardens)

 

HB 327 Exemption/Security Camera Recordings: Creates a public record exemption for digital video security camera recordings of specified late-night business that are provided to a law enforcement agency or any other governmental entity. Rep. Ari Porth (D-Coral Springs)

 

SB 356 Exemption/Donor - Publicly Owned Building: Creates a public record exemption for information that identifies a donor or prospective donor for the benefit of a publicly owned building or facility if the donor desires to remain anonymous.  Sen. Jeremy Ring (D-Margate)

HB 373 Sealing Criminal History Records: Amends s. 943.059, F.S., expanding court-ordered sealing of criminal history records to allow petitions to seal a criminal history record relating to certain misdemeanors.  Rep. Charles Chestnut (D-Gainesville) ???

 

SB 392 Agency Spending Disclosures: Requires the Department of State to create and manage a free website listing, for each quarter of each calendar year, each expenditure over $5,000 made by a governmental entity to a person under contract by the: (1) name of the governmental entity making the expenditure; (2) name of the person receiving the funds; (3) date of the expenditure; and (4) purpose of the expenditure.  In addition, requires that the website include an electronic copy of each contract listed. Similar to HB 181.  Sen. Rhonda Storms (R-Brandon)

 

SB 418 Exemption/Florida Alternative Energy Center: Creates a public record exemption for (1) the identity of a business recruited by Florida Alternative Energy Center and (2) all related negotiations, stipulating that such records become public at the conclusion or termination of the negotiations.  Also creates an exemption for (3) proprietary business information obtained from a business entity by the Center, (4) the identity of a donor or potential donor who requests to be anonymous, and (5) information received by the Center which is otherwise confidential or exempt.  Finally, (6) creates an exemption for those portions of meetings at which exempt information is discussed and (7) creates an exemption for all records created during such meetings.   Sen. Michael Bennett (R-Bradenton)

SB 468 Child Care Personnel/Fingerprinting: Amends s. 402.305, F.S., requiring electronic submission of fingerprints of child care personnel and retention of fingerprints by the Department of Law Enforcement; that such fingerprints retained be searched against arrest records; and that arrest records identified with the retained fingerprints be reported to the Department of Children and Family Services. Sen. Anthony C. Hill, Sr. (D-Jacksonville) WATCH

 

SB 506 Juveniles Records: In pertinent part, requires each clerk of court to submit information concerning juvenile arrest records to the Department of Law Enforcement.  Additionally, allows disclosure of criminal history information of those minors who have been adjudicated as adults or who have been found to have committed an offense that would be a felony if committed by an adult. Sen. Frederica Wilson (D-Miami Gardens)

 

HB 637 Electronic Health Records: In pertinent part, amends s. 395.3025, F.S., to facilitate electronic exchange of data between health care facilities, practitioners, and providers and attending physicians.  Similar to SB 1998.  Rep. Denise Grimsley (R-Sebring) WATCH

 

HB 639 Exemption/Addresses and Phone Numbers - Judicial Officials: Amends s. 119.071(4), F.S., creating a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of general magistrates, child support enforcement hearing officers, and their spouses, children, and grandchildren.  Similar to SB 766.  Rep. Anitere Flores (R-Miami)

 

HB 759 Personal Identification Information: Creates a public record exemption for any portion of a public record held by an agency that contains personal identification information of an individual.  Rep. Perry Thurston, Jr. (D-Fort Lauderdale)

 

SB 766 Exemption/Addresses and Phone Numbers - Judicial Officials: Similar to HB 639. Sen. Nan Rich (D-Sunrise)

 

SB 806 Exemption/Seaport Security: Creates an exemption for meetings of a public seaport authority governing board at which the board hears or discusses active criminal investigative information or active criminal intelligence information or receives a security briefing from the Department of Law Enforcement.  Stipulates (1) the chair announce the need for the closed meeting; (2) the reason for the closed meeting be specified in a public record; and (3) a recording be made of the closed meeting.  Finally, creates a public record exemption for an audio or video recording or any minutes of the closed meeting until the investigation is complete or ceases to be active or until the security plan is no longer in effect.  Sen. Rhonda Storms (R-Brandon)

 

SB 822 Ad Valorem Tax Data:  Amends s.195.052, F.S., requiring the Department of Revenue  (1) to conduct research and maintain accurate tabulations of ad valorem tax data; (2) to stipulate what data must be collected; and (3) to require that the data be published on the department's website.  Similar to HB 1061.  Sen. Jeff Atwater (R-North Palm Beach)

HB 851 Patients' Right-To-Know Act: Amends s. 408.063, F.S., requiring the Agency for Health Care Administration to publish and disseminate information to the public to help make decisions in selecting health care providers, facilities, and services, to stipulate the information that must be disclosed.  Similar to SB 1186.  Rep. Ronald Brise (D-Miami) WATCH

 

HB 863 Exemption/Donors - Department of Veterans' Affairs: Creates a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans' Affairs if the donor or prospective donor requests anonymity.  Similar to SB 1464. Rep. Ron Reagan (R-Sarasota)

 

SB 870 Exemption/Domestic Violence Injunction: Creates a public record exemption for a petition for an injunction for protection against domestic violence until the petition is personally served on the respondent. Sen. Mike Fasano (R-New Port Richey)

 

SB 904 Exemption/Shell Bill: Expresses legislative intent to revise laws relating to an exemption from requirements for public records and meetings.  Sen. Mandy Dawson (D-Fort Lauderdale)

 

SB 912 Exemption/Shell Bill - Health Records: Expresses legislative intent to revise public record laws relating to electronic health records.  Sen. Jeff Atwater (R-North Palm Beach) ???

 

SB 918 Exemption/Shell Bill: Expresses legislative intent to revise laws relating to an exemption from requirements for public records and meetings. Sen. Jeff Atwater (R-North Palm Beach)

 

HB 965 Exemption/Home Addresses - EMTs and Paramedics: Creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of active or former certified emergency medical technicians or paramedics; the names, home addresses, telephone numbers, social security numbers, photographs, and places of employment of the spouses and children of such technicians and paramedics; and the names and locations of schools and daycare facilities attended by children of such technicians and paramedics.  Similar to SB 1660. Rep. Matt Hudson (R-Naples)

 

HB 991 Voice of the People Act: Creates the "Vox Populi - Voice of the People Act," requiring local governments to (1) treat citizens with respect and dignity; (2) provide citizens with an opportunity to speak on both agenda and non-agenda items at all public meetings, including workshops; (3) allow citizens to place an item on the agenda by requesting such in writing; (4) allow citizens to remove an item from the consent agenda; and (5) provide citizens with an opportunity to speak during a public hearing.  Finally, (6) requires all local governments to adopt written public participation policies.  Similar to SB 2276.  Rep. Dorothy Hukill (R-Port Orange)

SB 1042 OGSR/Putative Father Registry: Reenacts and amends s. 63.0541, F.S., providing a public record exemption for information in the Florida Putative Father Registry to allow disclosure of the exempt information to the birth mother upon receipt of a notarized request for a copy of any registry entry in which she is identified as the birth mother.  S. Children, Families, and Elder Affairs Committee

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

 

SB 1044 Child Abuse Reporting: In pertinent part, amends s. 39.205, F.S., requiring the Department of Children and Family Services to provide an annual report to the Legislature which includes the number of: (1) suspected false reports of child abuse, abandonment, or neglect; (2) false reports that are referred to a law enforcement agency for investigation; (3) false reports that are reviewed by the department for potential administrative fines; (4) investigations conducted by the department or its authorized agent as a result of a report of child abuse, abandonment, or neglect; (5) reports that are closed with no findings of alleged maltreatment; (6) administrative fines that are levied and collected pursuant to s. 39.206(1); and (7) false reports of child abuse, abandonment, or neglect which result in prosecution.  S. Children, Families, and Elder Affairs Committee WATCH

•           S. Children, Families, and Elder Affairs Committee: Reported favorably. Now in S. Criminal Justice.

 

SB 1046 OGSR/Foster Parents: Reenacts and amends s. 409.175, F.S., slightly narrowing the public record exemption relating to information held by the Department of Children and Family Services regarding foster care parents.  S. Children, Families, and Elder Affairs Committee

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

 

HB 1051 Exemption/State Fire Marshall Investigations: Creates a public record exemption for papers, documents, reports, or evidence relative to an investigation by the state fire marshall until such time as the investigation is complete or no longer active.  Stipulates that certain information may remain exempt under specified conditions. Rep. Luis Garcia (D-Miami)

 

SB 1058 Exemption/Shell Bill: Expresses legislative intent to create a public record and meetings exemption. Sen. Alex Villalobos (R-Miami)

 

HB 1061 Ad Valorem Tax Data: Similar to SB 822. Rep. Jack Seiler (D-Pompano Beach)

 

SB 1090 OGSR/Florida Kidcare: Reenacts and amends s. 409.821, F.S., providing a public record exemption for personal identifying information of Florida Kidcare program applicants or enrollees, to allow access by the parent or legal guardian of an enrollee.  S. Health Policy Committee.

•           S. Health Policy Committee: Reported favorably with one minor amendment. As amended allows access to certain, specified information by the legal guardian.  Now in S. Governmental Operations.

 

HB 1141 Exemption/Sexual Violence Victims: Expands the public record exemption under s. 741.313(7)(a), F.S., for personal identifying information contained in written requests for leave that document acts of domestic violence to also exempt acts of sexual violence.  Rep. Evan Jenne (D-Davie)

 

SB 1144 Public Records/Shell Bill: Expresses legislative intent to revise laws relating to public records.  Sen. Rhonda Storms (R-Brandon)

 

SB 1156 Public Records/Shell Bill: Expresses legislative intent to revise laws relating to public records.  Sen. Rhonda Storms (R-Brandon)

 

SB 1186 Patients' Right-to-Know Act: Similar to HB 851.  Sen. Nan Rich (D-Sunrise)

 

SB 1390 Exemption/Ephedrine Sales: Creates a public record exemption for information relating to the retail sale of ephedrine and related compounds entered into the written or electronic logbook of a retail distributor or into the centralized real-time electronic logbook maintained by the Department of Law Enforcement. Sen. Burt Saunders (R-Naples) ???

SB 1392 Shell Bill: Expresses legislative intent to revise laws relating to public records and public meetings. Sen. Al Lawson (D-Tallahassee)

 

SB 1394 Shell Bill: Expresses legislative intent to revise laws relating to public records and public meetings. Sen. Al Lawson (D-Tallahassee)

 

SB 1396 Shell Bill: Expresses legislative intent to revise laws relating to public records and public meetings. Sen. Al Lawson (D-Tallahassee)

 

SB 1400 Shell Bill: Expresses legislative intent to revise laws relating to public records and public meetings. Sen. Al Lawson (D-Tallahassee)

 

SB 1402 Shell Bill: Expresses legislative intent to revise laws relating to public records and public meetings. Sen. Al Lawson (D-Tallahassee)

 

SB 1464 Exemption/Donors - Department of Veterans' Affairs: Similar to HB 863. Sen. Charles Dean (R-Inverness)

SB 1510 Exemption/Pending Litigation: Amends s. 286.011, F.S., expanding the current definition for "pending litigation" to include any matter that is the subject of the mandatory 6-month notice of intent to initiate a tort action lawsuit provided to a governmental entity pursuant to s. 768.28, F.S., and for which a lawsuit has not yet been filed.  Sen. Steven Geller (D-Hallandale Beach)???

 

SB 1540 Exemption/Patient Medical Information: Creates a public record exemption for information identifying a patient, a practitioner, a pharmacist, or the medication history of a patient contained in records that are reported to an agency which has access to or operates the privacy-protected website for patient medication histories.  Sen. Burt Saunders (R-Naples)

 

SB 1616 Concealed Weapons License Data: Amends s. 790.065, F.S., authorizing the Department of Law Enforcement to disclose data collected from court records to the Department of Agriculture and Consumer Services for purposes of determining whether the concealed weapons license of a person adjudicated incapacitated or committed to a mental institution should be revoked or suspended. S. Committee on Criminal Justice. WATCH

 

SB 1618 OGSR/Photos of Sex Offense Victims: Reenacts without modification the public record exemption in s. 119.071(2)(h), F.S., for any photograph, videotape, or image of the victim of a sexual offense. S. Committee on Criminal Justice ???

 

SB 1630 OGSR/Department of Agriculture/Investigations: Reenacts with slight modification the public record exemption in s. 500.148, F.S., for certain information provided to the Department of Agriculture and Consumer Services relating to food safety or illness. S. Committee on Agriculture

 

SB 1660 Exemption/Home Addresses - EMTs and Paramedics: Similar to HB 965. Sen. Dave Aronberg (D-Greenacres)

 

SB 1720 Public Records/Shell Bill:  Expresses legislative intent to revise laws relating to public records. Sen. Steve Oelrich (R-Gainesville)

 

SB 1926 Public Records/Shell Bill: Expresses legislative intent to revise laws relating to public records. Sen. Don Gaetz (R-Niceville)

 

SB 1930 Public Records/Shell Bill: Expresses legislative intent to revise laws relating to public records.  Sen. Don Gaetz (R-Niceville)

 

SB 1998 Electronic Health Records: Similar to HB 637. Sen. Jeremy Ring (D-Margate). WATCH

SB 2008 Office of Open Government: In pertinent part, enacts s. 14.40, F.S., creating within the Executive Office of the Governor the Office of Open Government for the purpose of assisting agencies in complying with open government requirements and providing open government training to agencies.  Also requires the Attorney General to appoint an attorney to mediate disputes regarding access to public records under the Open Government Mediation Program.  S. Committee on Governmental Operations

 

SB 2038 Exemption/Work Papers - Office of Insurance Regulation: Expands the public record exemption for work papers held by the Office of Insurance Regulation for use in examinations or investigations to also exempt "other information" related to such examinations or investigations.  Sen. Al Lawson (D-Tallahassee)

 

SB 2224 OGSR/Paratransit Services: Reenacts and expands the public record exemption in s. 119.0713(2), F.S., for personal identifying information in records relating to a person's health held by a local government for the purpose of determining eligibility for paratransit services.  As amended, exempts personal identifying information of applicants for or recipients of paratransit services held by any agency.  Allows for disclosure under certain specified conditions.  S. Committee on Community Affairs

 

SB 2240 Voting Rights: In pertinent part, requires that records developed or maintained by an agency pursuant to an investigation by the Board of Executive Clemency be released to the person who is the subject of the investigation.  Also requires the Division of Elections to provide the Governor with records required for restoration of a convicted felon's voting rights.  Sen. Tony Hill (D-Jacksonville) WATCH

 

SB 2254 Criminal History Records/Expunction and Sealing: In pertinent part, increases from one to three the number of arrests or incidents that may be expunged or sealed without conditions and decreases the number of years a criminal history record must be sealed before it can be expunged.  Sen. Gary Siplin (D-Orlando)

 

SB 2276 Voice of the People Act: Similar to HB 991.  Sen. Evelyn Lynn (R-Daytona)

 

SPB 7042 OGSR/Reports by Insurers: Reenacts without modification the public record exemption in s. 626.97411, F.S., for credit scoring methodologies and related data that are trade secrets contained in reports by insurers to the Office of Insurance Regulation.

•           S. Banking and Insurance Committee: Failed to submit as committee bill.

 

2008 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 14

2008 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 14

w  SB 122 Fraudulent Use of Personal Information: Amends s. 817.568 F.S., to make the willful and fraudulent use of personal identification information relating to individuals 65 years of age or older without consent of the individual a first degree felony.  Sen. Mike Fasano (R-New Port Richey)

•                      Senate: Withdrawn from further consideration.

 

 

SB 766 Exemption/Addresses and Phone Numbers - Judicial Officials: Amends s. 119.071(4), F.S., creating a public record exemption for the home addresses and telephone numbers of general magistrates and child support enforcement hearing officers, the home addresses, telephone numbers, and places of employment for the spouses, children, or grandchildren of general magistrates or child support hearing officers, and the name and location of school and day care facilities of the children and grandchildren of general magistrates or child support enforcement hearing officers.  Similar to HB 639.  Sen. Nan Rich (D-Sunrise)

•           S. Committee on Judiciary: A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/SB 766 creates a public record exemption for the home addresses and telephone numbers of general magistrates and child support enforcement hearing officers, the home addresses, telephone numbers, and places of employment for the spouses and children of general magistrates or child support hearing officers, and the name and location of school and day care facilities of the children of general magistrates or child support enforcement hearing officers of such personnel if the magistrate or officer provides a written statement that they made reasonable efforts to protect such information from being accessible through other means available to the public.   Now in S. Governmental Operations.

 

HB 863 Exemption/Donors - Department of Veterans' Affairs: Creates a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans' Affairs if the donor or prospective donor requests anonymity.  Similar to SB 1464. Rep. Ron Reagan (R-Sarasota)

 

•                      H. Committee on Healthy Seniors: Reported favorably.  Now in H. Healthcare Council.

 

SB 870 Exemption/Domestic Violence Injunctions: Creates a public records exemption for a petition for an injunction for protection against domestic violence until the petition is personally served on the respondent. Rep. Fasano Mike (R-New Port Richey)

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

 

SB 1046 OGSR/Foster Parents: Reenacts and amends s. 409.175, F.S., slightly narrowing the public record exemption relating to information held by the Department of Children and Family Services regarding foster care parents.  S. Children, Families, and Elder Affairs Committee

•           S. Committee on Governmental Operations: Reported favorably by a vote of 4/1 (Sen. Bill Posey voting no).  Now in S. Governmental Operations.

 

SB 1464 Exemption/Donors - Department of Veterans' Affairs: Similar to HB 863. Sen. Charles Dean (R-Inverness)

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

 

SB 1616 Concealed Weapons License Data: Amends s. 790.065, F.S., authorizing the Department of Law Enforcement to disclose data collected from court records to the Department of Agriculture and Consumer Services for purposes of determining whether the concealed weapons license of a person adjudicated incapacitated or committed to a mental institution should be revoked or suspended. S. Committee on Criminal Justice. WATCH

•                      S. Committee on Criminal Justice: Reported favorably.  Now in S. Commerce.

NEW BILLS FILED

HB 1487 Exemption/Organ Donors: Creates s. 765.5155, F.S., providing for the identification information of donors held in the organ tissue donation registry to be made confidential and exempt.  Such information may be disclosed to organ, tissue, and eye procurement organizations that have been certified by the Agency for Health Care Administration.  Similar to SB 2610.  Rep. Alan Hays (R-Umatilla)

 

HB 1537 Voting Rights: In pertinent part, requires that records developed or maintained by an agency pursuant to an investigation by the Board of Executive Clemency be released to the person who is the subject of the investigation.  Also requires the Division of Elections to provide the Governor with records required for restoration of a convicted felon's voting rights. Similar to SB 2240.  Rep. Oscar Braynon (D-Miami Gardens)

 

HB 1467 Confidential Records/DCFS: In pertinent part, requires the Department of Children and Family Services to maintain a complete and accurate case file of every child under its supervision or custody.  Provides that every child under the supervision or custody of DCFS be provided with a complete and accurate copy of his or her entire case file, at no cost, upon the request of the child or the child's representative. Finally, allows DCFS to release investigative records if the department secretary determines that disclosure of such records is in the public interest.  Similar to SB 2762. Rep. Will Weatherford (R-Zephyrhills)

SB 2762 Confidential Records/DCFS: Similar to HB 1467.  Sen. Paula Dockery (R-Lakeland)

2008 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 21

2008 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 21

SB 392 Agency Spending Disclosures: Requires the Department of State to create and manage a free website listing, for each quarter of each calendar year, each expenditure over $5,000 made by a governmental entity to a person under contract by the: (1) name of the governmental entity making the expenditure; (2) name of the person receiving the funds; (3) date of the expenditure; and (4) purpose of the expenditure.  In addition, requires that the website include an electronic copy of each contract listed. Similar to HB 181.  Sen. Rhonda Storms (R-Brandon)

•           S. Commerce Committee: A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/SB 392 requires all local governments with a website to post information about contracts over $5,000 on the website, and requires the Department of Financial Services (DFS) to develop and maintain a portal linking all such websites. Also requires DFS to develop a uniform format to be used by local governments when posting contract information, stipulating that the format must include: (1) the name of the local government; (2) the name of the corporation or individual who is a party to the contract; (3) the date and the amount of the contract; (4) the purpose of the contract; and (5) basic expenditure categories reported by local governments in annual financial reports submitted to DFS.  Finally, requires posting of electronic copies of the contract to the extent possible and allows DFS to adopt rules implementing the requirements.  Now in S. Governmental Operations.

 

HB 639 Exemption/Addresses and Phone Numbers - Judicial Officials: Amends s. 119.071(4), F.S., creating a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of general magistrates, child support enforcement hearing officers, and their spouses, children, and grandchildren.  Similar to SB 766.  Rep. Anitere Flores (R-Miami)

•           H. State Affairs Committee: A strike-all amendment is adopted; reported favorably with one amendment by a vote of 6/1 (Rep. Kelly Skidmore voting no).  As amended, HB 639 creates a public record exemption for the home addresses and telephone numbers of general magistrates and child support enforcement hearing officers, the home addresses, telephone numbers, and places of employment for the spouses and children of general magistrates or child support hearing officers, and the name and location of school and day care facilities of the children of general magistrates or child support enforcement hearing officers of such personnel if the magistrate or officer provides a written statement that reasonable efforts have been made to protect such information from being accessible through other means available to the public.  Now in H. Government Efficiency & Accountability.

 

SB 1042 OGSR/Putative Father Registry: Reenacts and amends s. 63.0541, F.S., providing a public record exemption for information in the Florida Putative Father Registry to allow disclosure of the exempt information to the birth mother upon receipt of a notarized request for a copy of any registry entry in which she is identified as the birth mother.  S. Children, Families, and Elder Affairs Committee

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

 

SB 1464 Exemption/Donors - Department of Veterans' Affairs: Creates a public record exemption for information identifying a donor or prospective donor to the direct-support organization of the Department of Veterans' Affairs if the donor or prospective donor requests anonymity.  Similar to HB 863. Sen. Charles Dean (R-Inverness)

•           S. Governmental Operations Committee: A strike-all amendment is adopted; reported favorably as a committee substitute.  As amended, CS/SB 1464 creates a public record exemption for information identifying a donor or prospective donor to th direct-support organization of the Department of Veterans' Affairs if the donor or prospective donor requests anonymity.  Also creates an exemption for portions of meetings of the direct-support organization during which the identity of donors or potential donors is discussed.  Now in S. Rules.

 

SB 1616 Concealed Weapons License Data: Amends s. 790.065, F.S., authorizing the Department of Law Enforcement to disclose data collected from court records to the Department of Agriculture and Consumer Services for purposes of determining whether the concealed weapons license of a person adjudicated incapacitated or committed to a mental institution should be revoked or suspended. S. Committee on Criminal Justice WATCH

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

 

SB 1630 OGSR/Department of Agriculture/Investigations: Reenacts with slight modification the public record exemption in s. 500.148, F.S., for certain information provided to the Department of Agriculture and Consumer Services relating to food safety or illness. S. Committee on Agriculture

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

 

 

NEW BILLS FILED

HB 947 Political Advertisements: Requires the Division of Elections of the Department of State to create a "Florida Campaign Sunshine" website for political advertisements.  The contents of this website must be made available for viewing by the public.  Specifically requires: (1) any person or organization responsible for creating or publishing a political advertisement submit to the division a copy of the advertisement, copies of any other document or materials referenced, used, or footnoted in the advertisement, and the name and contact information of the person paying for the advertisement; and (2) the division to post all filed advertisements or materials to the website within 24 hours of receipt, as well as include a link on the website to the appropriate section of the department's website regarding campaign finance for the person or organization paying for each advertisement.  Rep. Richard Machek (D-Delray Beach) WATCH

 

HB 7029 OGSR/Putative Father Registry: Reenacts and amends s. 63.0541, F.S., providing a public record exemption for information in the Florida Putative Father Registry to allow disclosure of the exempt information to the birth mother upon receipt of a notarized request for a copy of any registry entry in which she is identified as the birth mother.  Similar to SB 1042.  H. Government Efficiency & Accountability Council

 

HB 7031 OGSR/Paratransit Services: Reenacts and expands the public record exemption in s. 119.0713(2), F.S., for personal identifying information in records relating to a person's health held by a local government for the purpose of determining eligibility for paratransit services.  As amended, exempts personal identifying information of applicants for, or recipients of paratransit services held by any agency.  Allows for disclosure under certain specified conditions. Similar to SB 2224.  H. Government Efficiency & Accountability Council

 

HB 7033 Exemption/Discrimination Complaints: Expands the current public record exemption for records relating to discrimination complaints by applying the exemption to all agencies as defined in ch. 119, F.S. Similar to SB 2484.   H. Government Efficiency & Accountability Council

2008 LEGISLATIVE REPORT FOR PERIOD ENDING MARCH 7

2008 LEGISLATIVE REPORT
FOR PERIOD ENDING MARCH 7

SB 766 Exemption/Addresses and Phone Numbers - Judicial Officials: Amends s. 119.071(4), F.S., creating a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of general magistrates, child support enforcement hearing officers, and their spouses, children, and grandchildren. Similar to HB 639. Sen. Nan Rich (D-Sunrise)

•           S. Judiciary Committee:

 

SB 1042 OGSR/Putative Father Registry: Reenacts and amends s. 63.0541, F.S., providing a public record exemption for information in the Florida Putative Father Registry to allow disclosure of the exempt information to the birth mother upon receipt of a notarized request for a copy of any registry entry in which she is identified as the birth mother.  S. Children, Families, and Elder Affairs Committee

•           S. Judiciary Committee:

 

SB 1046 OGSR/Foster Parents: Reenacts and amends s. 409.175, F.S., slightly narrowing the public record exemption relating to information held by the Department of Children and Family Services regarding foster care parents.  S. Children, Families, and Elder Affairs Committee

•           S. Judiciary Committee:

 

SB 1090 OGSR/Florida Kidcare: Reenacts and amends s. 409.821, F.S., providing a public record exemption for personal identifying information of Florida Kidcare program applicants or enrollees, to allow access by the parent or legal guardian of an enrollee.  S. Health Policy Committee

•           S. Governmental Operations Committee:

 

SB 1630 OGSR/Department of Agriculture/Investigations: Reenacts with slight modification the public record exemption in s. 500.148, F.S., for certain information provided to the Department of Agriculture and Consumer Services relating to food safety or illness. S. Committee on Agriculture

•           S. Agriculture Committee:

 

 

SB 2224 OGSR/Paratransit Services: Reenacts and expands the public record exemption in s. 119.0713(2), F.S., for personal identifying information in records relating to a person's health held by a local government for the purpose of determining eligibility for paratransit services.  As amended, exempts personal identifying information of applicants for or recipients of paratransit services held by any agency.  Allows for disclosure under certain specified conditions.  S. Committee on Community Affairs

•           S. Community Affairs Committee:

 

NEW BILLS FILED

 

HB 1243 Exemption/DOH - Controlled Substance Database: Creates a public record exemption for information identifying a patient, health care practitioner, pharmacist, or pharmacy contained in records held by the Department of Health.  Allows access under certain specified conditions.  Stipulates that intentional disclosure of such information is a third degree felony.  Similar to SB 2782.  Rep. Jack Seiler (D-Pompano Beach)

 

HB 1389 Expungement/Criminal History Records: Allows automatic expungement of a criminal history record of persons who have not been found guilty or plead nolo contendere to a crime under certain specified conditions.  Stipulates that a certificate for eligibility for expunction is not required.  Rep. Perry Thurston, Jr. (D-Ft. Lauderdale)

 

SB 2380 Exemption/State Fire Marshall Investigations: Creates a public record exemption for papers, documents, reports, or evidence relative to an investigation by the state fire marshall until such time as the investigation is complete or no longer active.  Stipulates that certain information may remain exempt under specified conditions.  Similar to HB 1051.  Sen. Burt Saunders (R-Naples)

 

SB 2450 Financial Disclosure/Elected Officials & Candidates:  Requires that the financial disclosure forms filed with the Florida Commission on Ethics pursuant to a specified provision of the State Constitution be made available to the public on a state website.  Sen. Bill Posey (R-Rockledge)

 

SB 2484 Exemption/Discrimination Complaints: Expands the current public record exemption for discrimination complaints to apply to any agency as defined in ch. 119, F.S.  Repeals similar exemptions for state agencies [s. 119.0711(1)] and units of local governments [s. 119.0713].  Sen. Bill Posey

 

SB 2610 Exemption/Organ & Tissue Donor Registry: Creates a public record exemption for information identifying a donor in the Organ & Tissue Donor Registry.  Sen. Steve Oelrich (R-Gainesville)

 

 

SB 2770 Exemption/Security Camera Recordings: Creates a public record exemption for digital video security camera recordings of specified late-night business that are provided to a law enforcement agency or any other governmental entity.  Similar to HB 327.  Sen. Jeff Atwater (R-North Palm Beach)

 

SB 2782 Exemption/DOH - Controlled Substance Database: Similar to HB 1243.  Sen. Jeff Atwater (R-North Palm Beach)