2010 Legislative Review

Period Ending April 23

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 2010 Legislature will be reviewing all exemptions created in 2005. Those bills will be included in our legislative reports and are designated “OGSR”.

For Period Ending April 23

CS/SB 312 Exemption/Home Addresses – Public Defenders:

Creates a public record exemption for the home addresses, telephone numbers, and photographs of current or former public defenders and criminal conflict and civil regional counsel. Also exempts the home addresses, telephone numbers, social security numbers, and places of employment for the spouses and children of the public defenders and counsel, and the names and locations of schools and day care facilities attend by their children. Similar to HB 485. Sen. Dennis Jones (R-Seminole)   Senate: Passed unanimously. Now in H. Messages.

CS/HB 551 Exemption/Complaints on Conduct:

Expands the exemption for complaints and records relating to the complaint or a preliminary investigation held by the Ethics Commission or by a county ethic commission under § 112.324(2)(a), F.S., to also include such records when held by a county or municipality that has established a local investigatory process to enforce more stringent standards of conduct and disclosure requirements. Also expands the exemption under § 112.324(2)(b), F.S., for meetings conducted pursuant to a complaint or preliminary investigation to include such counties. Similar to SB 1054. Rep. Eric Eisnaugle (R-Orlando) House: Passed unanimously. Now in S. Messages.

SB 618 OGSR/Domestic Security Oversight Council:

Reenacts, without modification, § 943.0314, F.S., providing an exemption for those portions of meetings of the Domestic Security Oversight Council at which the council hears or discusses active criminal investigative or intelligence information, as well as all records related to such meetings. Stipulates that such records are subject to disclosure when such information ceases to be active. Similar to HB 7093. S. Military Affairs & Domestic Security Committee Senate: Tabled; HB 7093 substituted. See HB 7093.

SB 882 OGSR/Address Confidentiality Program – Domestic Violence Victims

Reenacts, without modification, § 741.465, F.S., providing a public record exemption for the names, addresses, and telephone numbers of domestic violence victims who participate in the Address Confidentiality Program in the Office of the Attorney General. Similar to HB 7123. S. Children, Families & Elder Affairs Committee Senate: Tabled; HB 7123 substituted. See HB 7123.

CS/SB 886 OGSR/Insurance Claim Data

Reenacts without modification § 409.25659, F.S., providing a public record exemption for information obtained by the Department of Revenue under the insurance claim data exchange system in which an insurer voluntarily provides the names and other identifying information of non-custodial parents who have a claim against the insurer and who owe past-due child support until such time as DOR determines whether a match exists, stipulating that if a match doesn’t exist, such information is to be destroyed pursuant to law. Similar to HB 7091. S. Children, Families & Elder Affairs Committee Senate: Tabled; HB 7091 substituted. See HB 7091.

CS/SB 888 OGSR/Information Held by Guardians Ad Litem:

Reenacts and narrows § 39.0132(4), F.S., providing a public record exemption for certain, specified information held by the guardian ad litem. Similar to HB 7111. S. Children, Families & Elder Affairs Committee Senate: Tabled; HB 7111 substituted. See HB 7111.

CS/SB 962 Driver License Records:

Allows the Department of Children & Family Services access to image and signature data held by the Department of Highway Safety & Motor Vehicle for use in determining eligibility for public assistance and fraud investigations. Specifies the number of DCFS employees who may access such data. Similar to HB 479. Sen. Ronda Storms (R-Brandon) Senate: A minor amendment is adopted; passed unanimously as amended. Now in H. Messages.

CS/SB 972 Exemption/Dental Workforce Surveys:

Creates a public record exemption for all personal identifying information contained in records provided by dentists and dental hygienists in response to dental workforce surveys. Allows access under certain, specified conditions. Similar to HB 539. Sen. Garrett Richter (R-Naples) Senate: Passed unanimously. Now in H. Messages.

CS/SB 1282 Exemption/Names – Spouses & Children:

As amended, CS/SB 1282 expands the public record exemption for all locating information of the spouses and children of law enforcement officers, firefighters, and other government employees to also exempt the names of such spouses and children. Sen. Mike Fasano (R-New Port Richey)   Senate: Passed by a vote of 37/1 (Dockery voting no). Now in H. Messages.

CS/HB 1291 Domestic Violence Fatality Review Teams:

In pertinent part, stipulates that information and records required by a team are not subject to discovery or introduction into evidence in criminal or administrative proceedings. Similar to SB 1446. Rep. Marti Coley (R-Mariana) House: Passed unanimously. Substituted for SB 1446 and passed unanimously. PASSED THE LEGISLATURE.

SB 1446 Domestic Violence Fatality Review Teams:

In pertinent part, stipulates that information and records required by a team are not subject to discovery or introduction into evidence in criminal or administrative proceedings. Similar to HB 1291. Sen. Nancy Detert (R-Venice) Senate: Tabled; CS/HB 1291 substituted. See CS/HB 1291.

CS/SB 1658 OGSR/Trade Secrets – Hurricane Loss Projection Methodologies:

Reenacts, and modifies, § 627.0628, F.S., providing exemptions for trade secrets used in designing and constructing a hurricane loss model and those portions of meetings at which such trade secrets are discussed. As amended, requires a recording of exempt meetings and creates a public record exemption for such recordings. Similar to HB 7119. S. Banking & Insurance Committee   Senate: Tabled; HB 7119 substituted. See HB 7119.

CS/SB 1660 OGSR/Funeral, Cemetery & Consumer Services Board:

Reenacts and amends § 497.172, F.S., providing exemptions for records and meetings of the Funeral, Cemetery and Consumer Services Board. As amended, CS/SB 1660 also requires that all closed meetings or portions thereof be recorded and creates a public record exemption for the recordings. Similar to HB 7117. S. Banking & Insurance Committee   Senate: Tabled; HB 7117 substituted. See HB 7117.

CS/SB 1662 OGSR/Florida Self-Insurers Guaranty Association:

Reenacts, without modification, § 440.3851, providing various public record exemptions held by the Florida Self-Insurers Guaranty Association and a meetings exemption for those meetings or portions thereof where exempt records are discussed, requiring that such meetings must be recorded and transcribed and stipulating that such transcripts are subject to disclosure upon settlement of all claims. Similar to HB 7089. S. Banking & Insurance Committee Senate: Tabled; HB 7089 substituted. See HB 7089.

HB 7079 OGSR/Voter Registration Information:

Reenacts with minor modification § 95.0585, providing a public record exemption for (1) all declinations to register to vote’ (2) information relating to the place where a person registered to vote or where a person updated a voter registration; and (3) the social security number, driver’s license number and Florida identification number of a voter registration applicant or voter. Similar to SB 2188. H. Governmental Affairs Policy Committee   House: Passed unanimously. Now in S. Messages.

HB 7085 Commission on Ethics:

Reenacts with minor modification § 112.324, F.S., provides a public record exemption for complaints and records relating to such complaints or to any preliminary investigation held by the Commission on Ethics, or by a Commission on Ethics and Public Trust established by any county or municipality. Similar to HB 7085. H. Governmental Affairs Policy Committee House: Passed unanimously. Now in S. Messages.

HB 7087 OGSR/Home Addresses – Guardians Ad Litem:

Reenacts and expands § 119.071(4)(d)1.h., F.S., providing a public record exemption for the home addresses, telephone numbers, places of employment, and photographs of current or former guardians ad litem, and the names, home addresses, telephone numbers, and places of employment of their spouses and children under certain, specified conditions. As amended, SB 1200 creates a public record exemption for the names and locations of schools and day care facilities attend by their children. Similar to SB 1200. H. Governmental Affairs Policy Committee House: Passed unanimously. Now in S. Messages.

HB 7089 OGSR/Florida Self-Insurers Guaranty Association:

Reenacts, without modification, § 440.3851, providing various public record exemptions held by the Florida Self-Insurers Guaranty Association and a meetings exemption for those meetings or portions thereof where exempt records are discussed, requiring that such meetings must be recorded and transcribed and stipulating that such transcripts are subject to disclosure upon settlement of all claims. Similar to SB 1662. H. Governmental Affairs Policy Committee House: Passed unanimously. Senate: Substituted for CS/SB 1662 and passed unanimously. PASSED THE LEGISLATURE.

HB 7091 OGSR/Insurance Claim Data:

Reenacts, with minor modification, § 409.25659, F.S., providing a public record exemption for information obtained by the Department of Revenue under the insurance claim data exchange system in which an insurer voluntarily provides the names and other identifying information of non-custodial parents who have a claim against the insurer and who owe past-due child support until such time as DOR determines whether a match exists, stipulating that if a match doesn’t exist, such information is to be destroyed pursuant to law. As amended, requires review and reenactment of the exemption in 2012. Similar to SB 886. H. Governmental Affairs Policy Committee House: Passed unanimously. Senate: Substituted for CS/SB 886 and passed unanimously. PASSED THE LEGISLATURE.

HB 7093 OGSR/Domestic Security Oversight Council:

Reenacts, without modification, § 943.0314, F.S., providing an exemption for those portions of meetings of the Domestic Security Oversight Council at which the hears or discusses active criminal investigative or intelligence information, as well as all records related to such meetings. Stipulates that such records are subject to disclosure which such information ceases to be active. Similar to SB 618. H. Governmental Affairs Policy Committee House: Passed unanimously. Senate: Substituted for SB 618 and passed unanimously. PASSED THE LEGISLATURE.

HB 7111 OGSR/Information Held by Guardians Ad Litem:

Reenacts, with some modification, § 39.0132(4), F.S., providing a public record exemption for all information relating to the best interests of a child, “as determined by a guardian ad litem” and which is held by the guardian ad litem. As amended, provides a public record exemption for certain, specified information held by a guardian ad litem. Similar to SB 888. H. Governmental Affairs Policy Committee House: Passed unanimously. Senate: Substituted for CS/SB 888 and passed unanimously. PASSED THE LEGISLATURE.

HB 7113 OGSR/State Child Abuse Death Review Committee:

Reenacts, with some modification, § 383.412(1), providing a public record exemption for identifying information of family members or others living in the home of a deceased child who is the subject of review by the State Child Abuse Death Review Committee or local committee, and an exemption for those portions of committee meetings at which such exempt information is discussed. As amended, requires recordings of closed meetings and creates a public record exemption for the recordings. H. Governmental Affairs Policy Committee   House: Passed unanimously. Now in S. Messages.

HB 7115 OGSR/Identification of a Minor:

Reenacts, with minor modification, § 390.01116, F.S., providing a public record exemption for information that would identify a minor petitioning a circuit court for a judicial waiver under the Parental Notice of Abortion Act. Similar to SB 1198. H. Governmental Affairs Policy Committee House: Passed unanimously. Now in S. Messages.

HB 7117 OGSR/Funeral, Cemetery & Consumer Services Board:

Reenacts and expands § 497.172, F.S., providing exemptions for records and meetings of the Funeral, Cemetery and Consumer Services Board. As amended, requires that all closed meetings or portions thereof be recorded and creates a public record exemption for the recording. Similar to SB 1660. H. Governmental Affairs Policy Committee   House: Passed unanimously. Senate: Substituted for CS/SB 1660 and passed unanimously. PASSED THE LEGISLATURE.

HB 7119 OGSR/Trade Secrets – Hurricane Loss Projection Methodologies:

Reenacts and amends § 627.0628, F.S., providing exemptions for trade secrets used in designing and constructing a hurricane loss model and those portions of meetings at which such trade secrets are discussed. As amended, requires that a record be made of closed portions of meetings and creates a public record exemption for the recording. Similar to SB 1658. H. Governmental Affairs Policy Committee   House: Passed unanimously. Senate: Substituted for CS/SB 1658 and passed by a vote of 37/1 (Sen. Garcia voting no). PASSED THE LEGISLATURE.

HB 7121 OGSR/Hurricane Loss – Exposure Data:

Reenacts, with some modification, § 627.06292, F.S, providing a public record exemption for reports of hurricane loss data and associated exposure data that are specific to a particular insurance company. As amended, requires Florida International University, which develops, maintains, and updates the public model for hurricane loss projections to publish a report summarizing loss data and associated exposure data collected from residential property insurers. Stipulates that such report cannot contain information that identifies a specific insurer or policyholder. Similar to SB 1664. H. Governmental Affairs Policy Committee House: Passed unanimously. Now in S. Messages.

HB 7123 OGSR/Address Confidentiality Program – Domestic Violence Victims:

Reenacts, without modification, § 741.465, F.S., providing a public record exemption for the names, addresses, and telephone numbers of domestic violence victims who participate in the Address Confidentiality Program in the Office of the Attorney General. Similar to SB 882. H. Governmental Affairs Policy Committee House: Passed unanimously. Senate: Substituted for SB 882 and passed unanimously. PASSED THE LEGISLATURE.

CS/HB 7165 OGSR/Domestic Violence Fatality Review Team:

Reenacts, reenacts without, modification § 741.3165, F.S., providing exemptions (1) for information in records created by a review team that would identify a victim of domestic violence or the identity of the victim’s children, and (2) those portions of meetings of any domestic violence fatality review team during which confidential or exempt information is discussed, including the identity of the victim or the victim’s children. Similar to SB 884. H. Governmental Affairs Policy Committee   House: Passed by a vote of 108/5. Now in S. Messages.

HB 7167 OGSR/Commission for Independent Education:

Reenacts and modifies § 1005.38, F.S., providing a public records exemption for investigatory records and the minutes and findings of exempt probable cause panel meetings held by the Commission for Independent Education, stipulating that such records are subject to public disclosure 10 days after a determination regarding probable cause is made. Also exempts portions of probable cause panel meetings at which such exempt records are discussed. As amended, requires that a recording be made of all closed meetings and stipulates that the recording of the meeting, as well as the minutes and findings, are subject to disclosure 10 days after a probable cause determination is made. Similar to SB 1676. H. Governmental Affairs Policy Committee House: Passed unanimously. Now in S. Messages.

HB 7193 OGSR/Voluntary Prekindergarten Education Program:

Reenacts with minor modification § 1002.72, F.S, providing a public record exemption for the records of children enrolled in the Voluntary Prekindergarten Education Program. Such records specifically include “assessment data, health data, records of teacher observations, and personal identifying information of an enrolled child and his or her parent.” Similar to SB 2144. H. Governmental Affairs Policy Committee House: Passed unanimously. Now in S. Messages.

NEW BILLS FILED

HB 7239 Exemption/Statements of Reference:

Creates a public record exemption for statements of reference for pharmacists seeking controlled substance dispensing registration held by the Board of Pharmacy unless such statements are used in an investigation resulting in a finding of probable cause. H. Health Care Appropriations Committee  

Period Ending April 16

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 2010 Legislature will be reviewing all exemptions created in 2005. Those bills will be included in our legislative reports and are designated “OGSR”.

For Period Ending April 16

HB 59 Background Checks – Athletic Coaches:

Requires independent nongovernmental entities running youth athletic teams to conduct background screening of current and prospective athletic coaches under certain, specified conditions. Similar to SB 150. Rep. Joe Gibbons (D-Pembroke Park) H. Criminal & Civil Justice Policy Council: Reported favorably. Now on H. Calendar.

SB 142 Meetings – Water Management Districts:

Deletes the provision in § 373.079(4)(a), F.S., requiring governing boards of water management districts to delegate to the executive director the authority to take final action on water permitting applications. Similar to HB 659. Sen. Carey Baker (R-Eustis) S. Governmental Oversight & Accountability Committee: A strike-all amendment and two minor amendments are adopted; reported favorably as a committee substitute. As amended, CS/SB 142 requires a water management governing board to delegate its authority to take final action on water permitting applications to the district’s executive director. Also requires the governing board to provide a process for referring denials of such applications to the governing board for the purpose of taking final action. Now in S. General Government Appropriations Committee.

SB 1142 Exemption/Invitations to Bid & Requests for Proposals:

Amends the public record exemption under § 119.071(1)(b), F.S., for sealed bids or proposals to specifically include invitations to bid or requests for proposals. As amended, CS/SB 1142 expands § 119.071(1)(b), F.S., to create a public record exemption for bids, proposals, and replies received by an agency in response to a competitive procurement solicitation until 20 days after opening such bids, proposals, and replies. Stipulates that if all are rejected and the agency provides notice of intent to reissue the solicitation, the rejected bids, proposals, and replies remain exempt until the agency provides notice of a decision, the reissued solicitation is withdrawn, or 12 months after the agency notice of rejection, whichever is earlier. Also expands § 286.0113(2), F.S., to create an exemption for meetings at which a vendor makes an oral presentation, or at which the vendor asks questions as part of a competitive procurement solicitation. Requires that closed meetings be recorded and creates a public record exemption for the recording and all documents or written material presented at the closed meeting, stipulating that such records are subject to disclosure once the bids, etc. are open. Similar to HB 745. Sen. Mike Fasano (R-New Port Richey) S. Ways & Means Committee:

CS/SB 1340 Exemption/Donors – Public Performing Arts Centers:

Creates a public record exemption for information identifying donors or prospective donors to a publicly-owned performing arts center if the donor or prospective donor desires anonymity. Similar to HB 1313. Sen. Jeremy Ring (D-Margate) S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

SB 1658 OGSR/Trade Secrets – Hurricane Loss Projection Methodologies:

Reenacts, without modification, § 627.0628, F.S., providing exemptions for trade secrets used in designing and constructing a hurricane loss model and those portions of meetings at which such trade secrets are discussed. Similar to HB 7119. S. Banking & Insurance Committee S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1658 amends § 627.0628, F.S., to require a recording of exempt meetings and to create a public record exemption for such recordings. Now in S. Rules Committee.

CS/SB 1660 OGSR/Funeral, Cemetery & Consumer Services Board:

Reenacts and amends § 497.172, F.S., providing exemptions for records and meetings of the Funeral, Cemetery and Consumer Services Board. As amended, CS/SB 1660 also requires that all closed meetings or portions thereof be recorded and creates a public record exemption for the recordings. Similar to HB 7117. S. Banking & Insurance Committee S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

SB 1662 OGSR/Florida Self-Insurers Guaranty Association:

Reenacts, without modification, § 440.3851, providing various public record exemptions held by the Florida Self-Insurers Guaranty Association and a meetings exemption for those meetings or portions thereof where exempt records are discussed, requiring that such meetings must be recorded and transcribed and stipulating that such transcripts are subject to disclosure upon settlement of all claims. Similar to HB 7089. S. Banking & Insurance Committee S. Governmental Oversight & Accountability Committee: A strike-all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

SB 1664 OGSR/Hurricane Loss – Exposure Data:

Reenacts, with some modification, § 627.06292, F.S, providing a public record exemption for reports of hurricane loss data and associated exposure data that are specific to a particular insurance company. As amended, requires Florida International University, which develops, maintains, and updates the public model for hurricane loss projections to publish a report summarizing loss data and associated exposure data collected from residential property insurers. Similar to HB 7121. S. Banking & Insurance Committee ? S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

CS/SB 2070 Exemption/OFR – Consumer Collection Agencies:

As amended, CS/SB 2070 creates a public record exemption for investigative information held by the Office of Financial Regulation pursuant to investigations of consumer collection agencies until the investigation is complete or no longer active. Also creates an exemption for a consumer’s personal financial information. Sen. Garrett Richter (R-Naples) S. Governmental Oversight & Accountability Committee: A strike-all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in S. General Government Appropriations Committee.

CS/SB 2072 Exemption/OFR – Debt Relief Organizations:

As amended, CS/SB 2072 creates a public record exemption for investigative information held by the Office of Financial Regulation pursuant to investigations of debt relief organizations until the investigation is complete or no longer active. Also creates an exemption for a debtor’s personal financial information. Sen. Garrett Richter (R-Naples) S. Governmental Oversight & Accountability Committee: A strike-all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in S. General Government Appropriations Committee.

SB 2544 Civil Citations/Juvenile Non-Judicial Arrest Record:

In pertinent part, requires expunction of a minor’s non-judicial arrest record if the minor successfully completes a civil citation program. Similar to HB 1497. Sen. Arthenia Joyner (D-Tampa) S. Judiciary Committee: Reported favorably. Now in S. Criminal & Civil Justice Appropriations Committee.

HB 7211 Exemption/Office of Regulatory Staff:

Creates various public record exemptions for proprietary business information received by the Office of Regulatory Staff from various entities, including telecommunications companies; public utilities; and natural gas transmission companies, if such entities claim that the information provided is proprietary. H. Energy & Utilities Policy Committee H. General Government Policy Council: Reported favorably. Now on H. Calendar.

Period Ending April 9

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 2010 Legislature will be reviewing all exemptions created in 2005. Those bills will be included in our legislative reports and are designated “OGSR”.

For Period Ending April 9

CS/HB 393 Exemption/Personal Information — Public Transit Provider:

As amended, creates a public record exemption for personal identifying information held by a public transit provider for the purpose of prepaying fares or acquiring a prepaid fare card. Similar to SB 688. Rep. Esteban Bovo (R-Hialeah) H. Economic Development & Community Affairs Policy Council: Reported favorably. Now on H. Calendar.

CS/HB 485 Exemption/Home Addresses — Public Defenders:

Creates a public record exemption for the home addresses, telephone numbers, and photographs of current or former public defenders and criminal conflict and civil regional counsel. Also exempts the home addresses, telephone numbers, social security numbers, and places of employment for the spouses and children of the public defenders and counsel, and the names and locations of schools and day care facilities attended by their children. Similar to SB 312. Rep. Brad Drake (R-Defuniak Springs) H. Economic Development & Community Affairs Policy Council: Reported favorably. Now on H. Calendar.

CS/HB 551 Exemption/Complaints on Conduct:

Expands the exemption for complaints and records relating to the complaint or a preliminary investigation held by the Ethics Commission or by a county ethic commission under s. 112.324(2)(a), F.S., to also include such records when held by a county or municipality that has established a local investigatory process to enforce more stringent standards of conduct and disclosure requirements. Also expands the exemption under s. 112.324(2)(b), F.S., for meetings conducted pursuant to a complaint or preliminary investigation to include such counties. Similar to SB 1054. Rep. Eric Eisnaugle (R-Orlando) H. Economic Development & Community Affairs Policy Council: Reported favorably. Now on H. Calendar.

SB 884 OGSR/Domestic Violence Fatality Review Team:

Reenacts, without modification, § 741.3165, F.S., providing exemptions (1) for information in records created by a review team that would identify a victim of domestic violence or the identity of the victim’s children, and (2) those portions of meetings of any domestic violence fatality review team during which confidential or exempt information is discussed, including the identity of the victim or the victim’s children. S. Children, Families & Elder Affairs Committee S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

SB 920 OGSR/State Child Abuse Death Review Committee:

Reenacts, without modification, § 383.412(1), providing a public record exemption for identifying information of family members or others living in the home of a deceased child who is the subject of review by the State Child Abuse Death Review Committee or local committee, and an exemption for those portions of committee meetings at which such exempt information is discussed. S. Health Regulation Committee S. Governmental Oversight & Accountability Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 920 defines the phrase “local committee” and provides a public record exemption for identifying information of family members or others living in the home of a deceased child who is the subject of review by the State Child Abuse Death Review Committee or local committee. Also provides an exemption for those portions of committee meetings at which such exempt information is discussed, stipulating that such closed portions of meetings must be recorded. Finally, creates a public record exemption for the recordings of closed meetings. Now in S. Rules Committee.

CS/SB 962 Driver License Records:

Allows the Department of Children & Family Services access to image and signature data held by the Department of Highway Safety & Motor Vehicle for use in determining eligibility for public assistance and fraud investigations. Specifies the number of DCFS employees who may access such data. Similar to HB 479. Sen. Ronda Storms (R-Brandon) S. Health & Human Services Appropriations: Reported favorably. Now on S. Calendar.

SB 972 Exemption/Dental Workforce Surveys:

Creates a public record exemption for all personal identifying information contained in records provided by dentists and dental hygienists in response to dental workforce surveys. Allows access under certain, specified conditions. Similar to HB 539. Sen. Garrett Richter (R-Naples) S. Governmental Oversight & Accountability Committee: One technical amendment is adopted; reported favorably as a committee substitute. Now in S. Health & Human Services Appropriations.

SB 1054 Exemption/Complaints on Conduct:

Expands the exemption for complaints and records relating to the complaint or a preliminary investigation held by the Ethics Commission or by a county ethic commission under § 112.324(2)(a), F.S., to also include such records when held by a county that has established a local investigatory process to enforce more stringent standards of conduct and disclosure requirements. Also expands the exemption under § 112.324(2)(b), F.S., for meetings conducted pursuant to a complaint or preliminary investigation to include such counties. Similar to HB 551. Sen. Thad Altman (R-Melbourne) S. Governmental Oversight & Accountability Committee: Reported favorably (6/1). Now in S. Rules Committee.

CS/HB 1059 Exemption/OFR — Examination Techniques & Procedures:

As amended, creates a public record exemption for information revealing examination techniques or procedures used the Office of Financial Regulation. “Examination techniques and procedures” is defined as the methods, processes, and guidelines used to evaluate regulatory compliance and to collect and analyzed data, records, and testimony for the purpose of documenting violations and promulgating rules. Similar to SB 2230. Rep. Carl Domino (R-Juno Beach) H. Economic Development & Community Affairs Policy Council: Reported favorably. Now on H. Calendar.

SB 1282 Shell Bill/Public Records & Meetings:

Expresses legislative intent to revise laws relating to public records and meetings. Sen. Mike Fasano (R-New Port Richey) S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1282 expands the public record exemption for all locating information of the spouses and children of law enforcement officers, firefighters, and other government employees to also exempt the names of such spouses and children. Now in S. Ways & Means Committee.

SB 1296 Shell Bill/Public Records & Meetings:

Expresses legislative intent to revise laws relating to public records and meetings. Sen. Jeremy Ring (D-Margate) S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1296 creates a meetings exemption for those portions of the Medicaid and Public Assistance Fraud Strike Force at which active criminal investigative or intelligence information is heard or discussed. Requires the chair to (1) announce at a public meeting that such information will be discussed, and (2) declare the specific reasons for closing the meeting. Stipulates that the closed meeting must be recorded and creates a public record exemption for the recording and any minutes taken during the closed meeting until such time as at the criminal investigative or intelligence information is no longer active. Now in S. General Government Appropriations Committee.

SB 1340 Exemption/Donors — Public Performing Arts Centers:

Creates a public record exemption for information identifying donors or prospective donors to a publicly-owned performing arts center if the donor or prospective donor desires anonymity. Similar to HB 1313. Sen. Jeremy Ring (D-Margate) S. Commerce Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight & Accountability Committee.

SB 1576 Exemption/OFR — Credit Histories and Credit Scores:

Creates a public record exemption for credit history information and credit scores relating to the licensing of mortgage brokers and mortgage lenders held by the Office of Financial Regulation. Similar to HB 7017. Sen. Mike Fasano (R-New Port Richey) S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

CS/CS/SB 1598 Sunshine in Government Act:

Enacts many of the recommendations made by the Commission on Open Government Reform in its Final Report of January 2009. Specifically, as amended, CS/CS/SB 1598 (1) combines the public records law and the open meetings law into the Sunshine in Government Act; (2) deletes the extensive use provision in the public records law but allows an agency to charge reasonable personnel costs for requests requiring more than 30 minutes; (3) prohibits an agency from charging for the redaction of public records commingled with public records; (4) requires sunshine law education and training for all elected and appointed officials; (5) amends enforcement and penalty provisions in both laws; and (6) requires more regular periodic review of all new or expanded open government exemptions. Similar to HB 1211. Sen. Paula Dockery S. Governmental Oversight & Accountability Committee: A strike-all amendment making various technical changes is adopted; reported favorably as a committee substitute. Now in S. Ways & Means Committee.

SB 1658 OGSR/Trade Secrets — Hurricane Loss Projection Methodologies:

Reenacts, without modification, § 627.0628, F.S., providing exemptions for trade secrets used in designing and constructing a hurricane loss model and those portions of meetings at which such trade secrets are discussed. S. Banking & Insurance Committee S. Banking & Insurance Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 1660 OGSR/Funeral, Cemetery & Consumer Services Board:

Reenacts and expands § 497.172, F.S., providing exemptions for records and meetings of the Funeral, Cemetery and Consumer Services Board. As amended, requires that all closed meetings or portions thereof be recorded and transcribed. Also creates a public record exemption for photographs of dead human bodies or parts thereof which are held by the Department of Financial Services pursuant to an investigation or examination. S. Banking & Insurance Committee S. Banking & Insurance Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1660 amends § 497.172, F.S., providing exemptions for records and meetings of the Funeral, Cemetery and Consumer Services Board. As amended, requires that all closed meetings or portions thereof be recorded and creates a public record exemption for the recordings. Now in S. Governmental Oversight & Accountability Committee.

SB 1662 OGSR/Florida Self-Insurers Guaranty Association:

Reenacts, without modification, § 440.3851, providing various public record exemptions held by the Florida Self-Insurers Guaranty Association and a meetings exemption for those meetings or portions thereof where exempt records are discussed, requiring that such meetings must be recorded and transcribed and stipulating that such transcripts are subject to disclosure upon settlement of all claims. S. Banking & Insurance Committee S. Banking & Insurance Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

SB 1664 OGSR/Hurricane Loss — Exposure Data:

Reenacts, with some modification, § 627.06292, F.S, providing a public record exemption for reports of hurricane loss data and associated exposure data that are specific to a particular insurance company. As amended, requires Florida International University, which develops, maintains, and updates the public model for hurricane loss projections to publish a report summarizing loss data and associated exposure data collected from residential property insurers. S. Banking & Insurance Committee S. Banking & Insurance Committee: Reported favorably. Now in S. Governmental Oversight & Accountability.

SB 1676 OGSR/Commission for Independent Education:

Reenacts, without modification, § 1005.38, F.S., providing a public records exemption for investigatory records and the minutes and findings of exempt probable cause panel meetings held by the Commission for Independent Education, stipulating that such records are subject to public disclosure 10 days after a determination regarding probable cause is made. Also exempts portions of probable cause panel meetings at which such exempt records are discussed. S. Higher Education Committee S. Governmental Oversight & Accountability Committee: A strike all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS 1676 makes minor changes to § 1005.38, F.S., providing a public records exemption for investigatory records and the minutes and findings of exempt probable cause panel meetings held by the Commission for Independent Education, stipulating that such records are subject to public disclosure 10 days after a determination regarding probable cause is made. Also exempts portions of probable cause panel meetings at which such exempt records are discussed, requiring that a recording be made of the closed portion of such meetings. Finally, creates a public record exemption for the recordings. Now in S. Rules Committee.

SB 1678 OGSR/Moffitt Cancer Center & Research Institute:

Reenacts, without modification, § 1104.43(8)(b)12., F.S., providing a public record exemption for certain, specified information of the H. Lee Moffitt Cancer Center. Similar to HB 7197. S. Higher Education Committee S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

CS/SB 2144 OGSR/Voluntary Prekindergarten Education Program:

Reenacts with minor modification § 1002.72, F.S, providing a public record exemption for the records of children enrolled in the Voluntary Prekindergarten Education Program. Such records specifically include “assessment data, health data, records of teacher observations, and personal identifying information of an enrolled child and his or her parent.” Similar to HB 7193. S. Education Pre-K — 12 S. Governmental Oversight & Accountability Committee: A strike-all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

CS/SB 2188 OGSR/Voter Registration Information:

Reenacts and expands § 95.0585, providing a public record exemption for (1) all declinations to register to vote’ (2) information relating to the place where a person registered to vote or where a person updated a voter registration; and (3) the social security number, driver’s license number and Florida identification number of a voter registration applicant or voter. As amended, also creates a public record exemption for the name, address, and telephone of a person who files a statement swearing that they have been the victim of stalking which are contained in voter registration and voting records held by the Department of State and supervisor of elections. S. Ethics & Elections Committee S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/CS/SB 2188 reenacts and expands § 95.0585, providing a public record exemption for (1) all declinations to register to vote; (2) information relating to the place where a person registered to vote or where a person updated a voter registration; and (3) the social security number, driver’s license number and Florida identification number of a voter registration applicant or voter. Also creates a public record exemption for the name, address, and telephone of persons who are victim of stalking or aggravated stalking, stipulating that such information is protected “in the same manner as” that of participants in the Address Confidentiality Program for Victims of Domestic Violence if the stalking victim files a sworn statement of stalking with the Attorney General. Now in S. Rules Committee.

CS/SB 2230 Exemption/OFR — Examination Techniques & Procedures:

As amended, CS/SB 2230 creates a public record exemption for information revealing examination techniques or procedures used the Office of Financial Regulation. “Examination techniques and procedures” is defined as the methods, processes, and guidelines used to evaluate regulatory compliance and to collect and analyzed data, records, and testimony for the purpose of documenting violations and promulgating rules. Similar to HB 1059. Sen. Garrett Richter (R-Naples) S. Governmental Oversight & Accountability Committee: Reported favorably; now in S. Rules Committee.

SB 2544 Civil Citations/Juvenile Non-Judicial Arrest Record:

In pertinent part, requires expunction of a minor’s non-judicial arrest record if the minor successfully completes a civil citation program. Similar to HB 1497. Sen. Arthenia Joyner (D-Tampa) S. Criminal Justice Committee: Reported favorably. Now in S. Judiciary Committee.

HB 7165 OGSR/Domestic Violence Fatality Review Team:

Reenacts, with some modification, § 741.3165, F.S., providing exemptions (1) for information in records created by a review team that would identify a victim of domestic violence or the identity of the victim’s children, and (2) those portions of meetings of any domestic violence fatality review team during which confidential or exempt information is discussed, including the identity of the victim or the victim’s children. As amended, stipulates that closed portions of meetings be recorded and creates a public record exemption for such recordings. Similar to SB 884. H. Governmental Affairs Policy Committee H. Economic Development & Community Affairs Policy Council: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 7165 reenacts without modification § 741.3165, F.S., providing exemptions (1) for information in records created by a review team that would identify a victim of domestic violence or the identity of the victim’s children, and (2) those portions of meetings of any domestic violence fatality review team during which confidential or exempt information is discussed, including the identity of the victim or the victim’s children. Now on H. Calendar.

HB 7167 OGSR/Commission for Independent Education:

Reenacts and modifies § 1005.38, F.S., providing a public records exemption for investigatory records and the minutes and findings of exempt probable cause panel meetings held by the Commission for Independent Education, stipulating that such records are subject to public disclosure 10 days after a determination regarding probable cause is made. Also exempts portions of probable cause panel meetings at which such exempt records are discussed. As amended, requires that a recording be made of all closed meetings and stipulates that the recording of the meeting, as well as the minutes and findings, are subject to disclosure 10 days after a probable cause determination is made. Similar to SB 1676. H. Governmental Affairs Policy Committee H. Economic Development & Community Affairs Policy Council: Reported favorably. Now on H. Calendar.

NEW BILLS FILED

HB 7193 OGSR/Voluntary Prekindergarten Education Program:

Reenacts with minor modification § 1002.72, F.S, providing a public record exemption for the records of children enrolled in the Voluntary Prekindergarten Education Program. Such records specifically include “assessment data, health data, records of teacher observations, and personal identifying information of an enrolled child and his or her parent.” Similar to SB 2144. H. Governmental Affairs Policy Committee

HB 7197 OGSR/Moffitt Cancer Center & Research Institute:

Reenacts, modifies, and expands § 1104.43(8)(b)12., F.S., providing a public record exemption for certain, information received by the H. Lee Moffitt Cancer Center. As amended, § 1104.43(8)(b) creates a public record exemption for (1) the identity of donors or prospective donors to the Moffitt Cancer Center who wish to remain anonymous; and (2) patentable material received, generated, ascertained, or discovered during research conducted by or for the Cancer Center. Also narrows the meetings exemption for the governing board to allow closed meetings only when confidential or exempt information is discussed. Requires that all closed meetings be recorded and creates a public record exemption for the recordings. Similar to SB 1678. H. Governmental Affairs Policy Committee

HB 7211 Exemption/Office of Regulatory Staff:

Creates various public record exemptions for proprietary business information received by the Office of Regulatory Staff from various entities, including telecommunications companies; public utilities; and natural gas transmission companies, if such entities claim that the information provided is proprietary. H. Energy & Utilities Policy Committee

Period Ending March 26

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 2010 Legislature will be reviewing all exemptions created in 2005. Those bills will be included in our legislative reports and are designated “OGSR”.

For Period Ending March 26

SB 142 Meetings — Water Management Districts:

Deletes the provision in § 373.079(4)(a), F.S., requiring governing boards of water management districts to delegate to the executive director the authority to take final action on water permitting applications. Similar to HB 659. Sen. Carey Baker (R-Eustis) S. Environmental Preservation & Conservation Committee: Reported favorably. Now in S. Governmental Oversight & Accountability Committee.

HB 405 Exemption/Litigation Meetings:

Expands the exemption for meetings relating to certain aspects of pending litigation under § 286.011(8), F.S., to allow the government entity’s risk manager and division heads to attend the closed session, and prohibits disclosure of any part of the discussion that took place at the closed session by those in attendance until the conclusion of the litigation. Similar to SB 138. Rep. Martin Kiar (D-Parkland) H. Governmental Affairs Policy Committee: A strike-all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in H. Civil Justice & Courts Policy Committee.

CS/HB 485 Exemption/Home Addresses — Public Defenders:

Creates a public record exemption for the home addresses, telephone numbers, and photographs of current or former public defenders and criminal conflict and civil regional counsel. Also exempts the home addresses, telephone numbers, social security numbers, and places of employment for the spouses and children of the public defenders and counsel, and the names and locations of schools and day care facilities attend by their children. Similar to SB 312. Rep. Brad Drake (R-Defuniak Springs) H. Public Safety & Domestic Security Policy Committee: Reported favorably. Now in H. Economic Development & Community Affairs Policy Council.

HB 867 Exemption/DFS - Title Insurance Agents & Insurers:

Creates public record exemptions for (1) emergency orders until made permanent or, if not made permanent one year after the order expires; (2) records of insurance claim negotiations until termination of all litigation and settlement of all claims arising out of the same incident; (3) complaints and other information obtained pursuant to an investigation unless DFS files a formal administrative complaint, emergency order, or consent order against a licensee; (4) examination reports until filed; (5) investigation reports until the investigation is complete or no longer active; (6) work papers held by DFS until the related examination report is filed or until the investigation is complete or no longer active; (7) information received by another governmental entity or the National Association of Insurance Commissioners when such information is confidential or exempt in the hands of the provider of the information; (8) papers, documents, reports, and evidence relative to the subject of an investigation by DFS until the investigation is complete or no longer active; (9) orders, notices, correspondence, reports, records, and other information held by DFS relating to the supervision of any insurer; (10) any information, document, record, or statement furnished to DFS regarding the termination of an agent by an insurer; (11) DFS papers, documents, reports, and items of evidence relative to a hearing for revocation or suspension of a license until published at the hearing; and (12) financial information supplied by a licensee. Similar to SB 1838. Rep. Kevin Ambler (R-Tampa) H. Insurance, Business & Financial Affairs Policy Committee: One technical amendment is adopted; reported favorably as a committee substitute. Now in H. Governmental Affairs Policy Committee.

SB 882 OGSR/Address Confidentiality Program — Domestic Violence Victims:

Reenacts, without modification, § 741.465, F.S., providing a public record exemption for the names, addresses, and telephone numbers of domestic violence victims who participate in the Address Confidentiality Program in the Office of the Attorney General. S. Children, Families & Elder Affairs Committee S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

SB 888 OGSR/Information Held by Guardians Ad Litem:

Reenacts, without modification, § 39.0132(4), F.S., providing a public record exemption for an exemption for all information relating to the best interests of a child, “as determined by a guardian ad litem” and which is held by the guardian ad litem. S. Children, Families & Elder Affairs Committee S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 888 reenacts and narrows § 39.0132(4), F.S., providing a public record exemption for certain, specified information held by a guardian ad litem. Now in S. Rules Committee.

CS/HB 1059 Exemption/OFR — Examination Techniques & Procedures:

As amended, creates a public record exemption for information revealing examination techniques or procedures used the Office of Financial Regulation. “Examination techniques and procedures” is defined as the methods, processes, and guidelines used to evaluate regulatory compliance and to collect and analyzed data, records, and testimony for the purpose of documenting violations and promulgating rules. Similar to SB 2230. Rep. Carl Domino (R-Juno Beach) H. Insurance, Business & Financial Affairs Policy Committee: Reported favorably. Now in H Economic Development & Community Affairs Policy Council.

SB 1142 Exemption/Invitations to Bid & Requests for Proposals:

Amends the public record exemption under § 119.071(1)(b), F.S., for sealed bids or proposals to specifically include invitations to bid or requests for proposals issued by the Department of Transportation. Also creates a meetings exemption for meetings at which vendors are asked to make oral presentations or to answer questions regarding sealed bids, proposals, or replies in response to a competitive solicitation. Similar to HB 745. Sen. Mike Fasano (R-New Port Richey) S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted. As amended, CS/SB 1142 expands § 119.071(1)(b), F.S., to create a public record exemption for bids, proposals, and replies received by an agency in response to a competitive procurement solicitation until 20 days after opening such bids, proposals, and replies. Stipulates that if all are rejected and the agency provides notice of intent to reissue the solicitation, the rejected bids, proposals, and replies remain exempt until the agency provides notice of a decision, the reissued solicitation is withdrawn, or 12 months after the agency notice of rejection, whichever is earlier. Also expands § 286.0113(2), F.S., to create an exemption for meetings at which a vendor makes an oral presentation, or at which the vendor asks questions as part of a competitive procurement solicitation. Requires that closed meetings be recorded and creates a public record exemption for the recording and all documents or written material presented at the closed meeting, stipulating that such records are subject to disclosure once the bids, etc. are open. Now in S. Ways & Means Committee.

CS/HB 1291 Domestic Violence Fatality Review Teams:

In pertinent part, stipulates that information and records required by a team are not subject to discovery or introduction into evidence in criminal or administrative proceedings. Similar to SB 1446. Rep. Marti Coley (R-Mariana) H. Health Care Services Policy Committee: Reported favorably. Now in H. Criminal & Civil Justice Policy Council.

HB 1433 Exemption/Petitions — Adult Incapacity:

Creates a public record exemption for petitions to determine adult incapacity filed with the clerk of court. Similar to SB 2628. Rep. Elaine Schwartz (D-Hollywood) H. Civil Justice & Courts Policy Committee: Reported favorably. Now in H. Governmental Affairs Policy Committee. H. Governmental Affairs Policy Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1433 allows certain, specified persons including judges, the incapacitated person, next of kin, attorneys of record, and a guardian, access to the exempt petition. Now in H. Criminal & Civil Justice Policy Council.

HB 1435 Exemption/Reports — Adult Incapacity:

Creates a public record exemption for committee reports relating to adult incapacity filed with the clerk of court. Similar to SB 2624. Rep. Elaine Schwartz (D-Hollywood) H. Civil Justice & Courts Policy Committee: Reported favorably. Now in H. Governmental Affairs Policy Committee. H. Governmental Affairs Policy Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1435 allows certain, specified persons including judges, the incapacitated person, next of kin, attorneys of record, and a guardian, access to the exempt petition. Now in H. Criminal & Civil Justice Policy Council.

HB 1497 Civil Citations/Juvenile Non-Judicial Arrest Record:

In pertinent part, requires expunction of a minor’s non-judicial arrest record if the minor successfully completes a civil citation program. Similar to SB 2544. Rep. Janet Cruz (D-Tampa) H. Civil Justice & Courts Policy Committee: Reported favorably. Now in H. Criminal & Civil Justice Policy Council.

HB 1511 Public Notices:

In pertinent part, authorizes various governmental entities to publish or advertise legally required public notices and advertisements on publicly accessible websites. Similar to SB 376. Rep. Ritch Workman (R-Melbourne) H. Governmental Affairs Policy Committee: Reported favorably by a vote of 8/6. Now in H. Military & Local Affairs Policy Committee.

CS/SB 1598 Open Government Act:

Enacts many of the recommendations made by the Commission on Open Government Reform in its Final Report of January 2009. Specifically, CS/SB 1598 (1) combines the public records law and the open meetings law into one Open Government Act; (2) amends the fee provisions in the public records law; (3) prohibits an agency from charging for the redaction of exempt information after January 2013; (4) requires sunshine law education and training for all elected and appointed officials; (5) amends enforcement and penalty provisions in both laws; and (6) requires more regular periodic review of all new or expanded open government exemptions. Similar to HB 1211. Sen. Paula Dockery S. Judiciary Committee: A strike-all amendment, as amended, is adopted; reported favorably as a committee substitute. As amended, CS/CS/SB 1598 (1) combines the public records law and the open meetings law into the Sunshine in Government Act; (2) deletes the extensive use provision in the public records law but allows an agency to charge reasonable personnel costs for requests requiring more than 30 minutes; (3) prohibits an agency from charging for the redaction of public records commingled with public records; (4) requires sunshine law education and training for all elected and appointed officials; (5) amends enforcement and penalty provisions in both laws; and (6) requires more regular periodic review of all new or expanded open government exemptions. Now in S. Governmental Oversight & Accountability Committee.

SB 2170 OGSR/Commission on Ethics:

Reenacts with minor modification § 112.324, F.S., provides a public record exemption for complaints and records relating to such complaints or to any preliminary investigation held by the Commission on Ethics, or by a Commission on Ethics and Public Trust established by any county or municipality. Similar to HB 7085. S. Ethics & Elections Committee S. Governmental Oversight & Accountability Committee: A strike-all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

SB 2230 Exemption/OFR — Examination Techniques & Procedures:

Creates a public record exemption for examination techniques and procedures used by the Office of Financial Regulation, which includes the methods, processes, and guidelines used to evaluate regulatory compliance. Similar to HB 1059. Sen. Garrett Richter (R-Naples) S. Banking & Insurance Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 2230 creates a public record exemption for information revealing examination techniques or procedures used the Office of Financial Regulation. “Examination techniques and procedures” is defined as the methods, processes, and guidelines used to evaluate regulatory compliance and to collect and analyzed data, records, and testimony for the purpose of documenting violations and promulgating rules. Now in S. Governmental Oversight & Accountability Committee.

SB 2408 Shell Bill/Government Financial Information:

Expresses legislative intent to revise laws relating to government financial information. Sen. J.D. Alexander (R-Winter Haven) S. Policy & Steering Committee on Ways & Means: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 2408 in pertinent part requires the Auditor General to report to the Senate President, the House Speaker, and the Legislative Auditing Committee a list of all school districts that have failed to comply with the transparency requirements identified in audit reports required by §11.45(7)(b), F.S. Now in S. Governmental Oversight & Accountability Committee.

NEW BILLS FILED

HB 7165 OGSR/Domestic Violence Fatality Review Team:

Reenacts, with some modification, § 741.3165, F.S., providing exemptions (1) for information in records created by a review team that would identify a victim of domestic violence or the identity of the victim’s children, and (2) those portions of meetings of any domestic violence fatality review team during which confidential or exempt information is discussed, including the identity of the victim or the victim’s children. As amended, stipulates that closed portions of meetings be recorded and creates a public record exemption for such recordings. Similar to SB 884. H. Governmental Affairs Policy Committee

HB 7167 OGSR/Commission for Independent Education:

Reenacts and modifies § 1005.38, F.S., providing a public records exemption for investigatory records and the minutes and findings of exempt probable cause panel meetings held by the Commission for Independent Education, stipulating that such records are subject to public disclosure 10 days after a determination regarding probable cause is made. Also exempts portions of probable cause panel meetings at which such exempt records are discussed. As amended, requires that a recording be made of all closed meetings and stipulates that the recording of the meeting, as well as the minutes and findings, are subject to disclosure 10 days after a probable cause determination is made. Similar to SB 1676. H. Governmental Affairs Policy Committee