2011 Legislative Review

Week Ending May 6, 2011

For Period Ending May 6

What follows is a list of all the bills we tracked during the 2011 Legislative Session and the final action on each bill. You will find a description of each bill that passed the 2011 Legislature below as well.

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 2011 Legislature will be reviewing all exemptions created in 2005. Those bills will be included in our legislative reports and are designated "OGSR".

Final Action/Open Government Bills
2011 Legislative Session

HB 31 and SB 102, Chief Technology Officer

Rep. Marlene O’Toole (R-The Villages); Sen. Jeremy Ring (D-Margate) Both bills died in committee.

HB 65 and SB 298, Meetings/Municipal Governments

Rep. John Wood (R- Haines City); Sen. JD Alexander (R-Lake Wales) HB 65 was tabled; SB 298 was approved by both chambers and PASSED. See SB 298.

HB 89 and SB 914, Publication of Public Notices

Rep. Ritch Workman (R-Melbourne); Sen. Mike Bennett (R-Bradenton) Both bills died in committee.

CS/SB 106 and CS/HB 121, Exemption/Donors - Performing Arts Centers

Sen. Jeremy Ring (D-Margate); Rep. Perry Thurston (D-Ft. Lauderdale) CS/SB 106 passed the Senate unanimously and died in H. Messages; CS/HB 121 died on the H. Calendar.

HB 129 and SB 262, Intimidation of a Judge

Rep. Ray Pilon (R-Sarasota); Sen. Jeremy Ring (D-Margate) HB 129 died in committee; SB 262 reported unfavorably by S. Judiciary and tabled.

SB 134, Sealing Criminal History Records

Sen. Arthenia Joyner (D-Tampa) Died in committee.

CS/SB 170 and CS/HB 443, Electronic Filings/Court Records

Sen. Mike Bennett (R-Bradenton); Rep. Jim Boyd (R-Bradenton) CS/SB 170 was approved by both chambers unanimously; CS/HB 443 was tabled. See CS/SB 170.

HB 193 and SB 458, Expunction/Arrest Records

Rep. Betty Reed (D-Tampa); Sen. Tony Hill (D-Jacksonville) Both bills died in committee.

SB 198 and HB 335, Placement Agents

Sen. Mike Fasano (R-New Port Richey); Rep. Richard Corcoran (R-New Port Richey) Both bills died in committee.

HB 285 and SB 310, The Public’s Right to Speak

Rep. Eric Eisnaugle (R- Orlando); Sen. Joe Negron (R- Palm City) Both bills died in committee.

SB 314 and HB 485, Exemption/Dental Surveys

Sen. Garrett Richter (R-Naples); Rep. Jimmy Patronis (R-Panama City) Both bills died in committee.

CS/HB 409 and CS/SB 1168, Exemption/Sexual Voyeurism

Rep. Keith Perry (R-Ocala); Sen. Steve Oelrich (R-Gainesville) CS/HB 409 was approved by both chambers and PASSED; CS/SB 1168 was tabled. See CS/HB 409.

CS/HB 411 and CS/SB 416, Exemption/Recordings of the Killing of a Person

Rep. Rachel Burgin (R-Riverview); Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) CS/HB 411 was approved by both chambers and PASSED; CS/SB 416 was tabled. See CS/HB 411.

SB 420 and HB 7079, OGSR/Brain Tumor Research Institute

S. Health Regulation Committee; H. Government Operations Subcommittee SB 420 was tabled; HB 7079 was approved by both chambers and PASSED. See HB 7079.

SB 568 and HB 7085, OGSR/Court Monitors

S. Judiciary Committee; H. Government Operations Subcommittee SB 568 was tabled; HB 7085 was approved by both chambers and PASSED. See HB 7085.

SB 570 and HB 7083, OGSR/Interference with Custody

S. Judiciary Committee; H. Government Operations Subcommittee SB 570 was tabled; HB 7083 was approved by both chambers and PASSED. See HB 7083.

SB 572 and HB 7081, OGSR/Statewide Public Guardianship Office

S. Judiciary Committee; H. Government Operations Subcommittee SB 572 was tabled; HB 7081 was approved by both chambers and PASSED. See HB 7081.

CS/HB 579 and CS/SB 1192, Exemption/Autism Centers

Rep. Marti Coley (R-Marianna); Sen. Nan Rich (D-Sunrise) CS/HB 579 was approved by both chambers and PASSED; CS/SB 1192 was tabled. See CS/HB 579.

HB 597 and SB 874, Exemption/Emergency Notification Program

Rep. Dwayne Taylor (D-Daytona Beach); Sen. Alan Hays (R-Umatilla) HB 597 was approved by both chambers and PASSED; SB 874 was tabled. See HB 597.

SB 600 and HB 7075, OGSR/Home Addresses — DJJ Employees

S. Criminal Justice Committee; H. Government Operations Subcommittee SB 600 was tabled; HB 7075 was approved by both chambers and PASSED. See HB 7075.

SB 602 and HB 7077, OGSR/Biometric Identifying Information

S. Criminal Justice Committee; H. Government Operations Subcommittee SB 602 was tabled; HB 7077 was approved by both chambers and PASSED. See HB 7077.

SB 604 and HB 7161, OGSR/Concealed Weapon Permits

S. Criminal Justice Committee; H. Government Operations Subcommittee SB 604 was tabled; HB 7161 was approved by both chambers and PASSED. See HB 7161.

CS/HB 619 and CS/SB 1448, Sale of Public Hospitals

Rep. Ed Hooper (R-Clearwater); Sen. Rene Garcia (R-Hialeah) CS/HB 619 passed the House 95/20 and died in S. Messages; CS/SB 1448 died in committee.

CS/HB 667 and CS/SB 828, Exemption/Local Inspector General Reports

Rep. Jeff Clemens (D-Lake Worth); Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) CS/HB 667 was approved by both chambers and PASSED; CS/SB 828 was tabled. See CS/HB 667.

CS/HB 677 and CS/SB 1328, Exemption/Office of Financial Regulation Records

Rep. Ray Pilon (R-Sarasota); Sen. Alan Hays (R-Umatilla) CS/HB 677 was approved by both chambers and PASSED; CS/SB 1328 was tabled. See CS/HB 677.

SB 678 and HB 4065, Long-Term Care Councils

Sen. Garrett Richter (R-Naples); Rep. Matt Hudson (R-Naples) Both bills died in committee.

SB 682 and HB 4061, Long-Term Care Programs

Sen. Garrett Richter (R-Naples); Rep. Matt Hudson (R-Naples) Both bills died in committee.

SB 696, CS/HB 4045, and CS/HB 4053, Assisted Living Facilities

Sen. Garrett Richter (R-Naples); Rep. Daphne Campbell (D-Miami Shores); Rep. Matt Hudson (R-Naples) SB 696 died in committee; CS/HB 4045 was approved by both chambers and PASSED; CS/HB 4053 was combined with CS/HB 4045. See CS/HB 4045.

HB 727 and SB 1402, Criminal History Records

Rep. Perry Thurston (D-Ft. Lauderdale); Sen. Chris Smith (D-Oakland Park) Both bills died in committee.

SB 766 and HB 1027, Exemption/Spouse Names

Sen. Mike Fasano (R-New Port Richey); Rep. Greg Steube (R-Sarasota) SB 766 died in committee; HB 1027 passed the House unanimously and died in S. Messages.

CS/HB 913 and CS/SB 994, Exemption/Public Airport Authorities

Rep. Mike Horner (R-Kissimmee); Sen. Jack Latvala (R-St. Petersburg) CS/HB 913 was approved by both chambers and PASSED; CS/SB 994 was tabled. See CS/HB 913.

HB 931 and SB 2024, Sale or Lease of Public Hospitals

Rep. Gwyn Clarke-Reed (D-Pompano Beach); Sen. Oscar Braynon II (D-Miami Gardens) Both bills died in committee.

HB 951 and CS/SB 1072, Real Property Documents

HB 951 was approved by both chambers and PASSED; CS/SB 1072 was tabled. See HB 951.

CS/HB 965 and CS/SB 1388, Tax Credit Scholarship Program

Rep. Mike Horner (R-Kissimmee); Sen. Anitere Flores (R-Miami) CS/HB was approved by both chambers and PASSED; CS/SB 1388 was tabled. See CS/HB 965.

HB 1065 and SB 1408, Exemption/Litigation Meetings

Rep. George Moraitis (R-Ft. Lauderdale); Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) Both bills died in committee.

HB 1169 and SB 1800, Exemption/Insurance Records

Rep. Evan Jenne (D-Ft. Lauderdale) Sen. Jeremy Ring (D-Margate) Both bills died in committee.

SB 1240, Exemption/Home Addresses — EMTs and Paramedics

Sen. Bill Montford (D-Tallahassee) Died in committee.

HB 1297 and SB 1534, Sealing /Juvenile Criminal History Records

Rep. Perry Thurston (D-Ft. Lauderdale); Sen. Chris Smith (D-Oakland Park) Both bills died in committee.

HB 1299 Juvenile Offender Records

Rep. Perry Thurston (D-Ft. Lauderdale) Died in committee.

SB 1310 and HB 1435, 911 Call Records

Sen. Steve Oelrich (R-Gainesville); Rep. Elizabeth Porter (R-Lake City) Both bills died in committee.

HB 1313 and SB 1956, Public-Private Partnerships

Rep. Trudi Williams (R-Ft. Myers); Sen. Mike Bennett (R-Bradenton) Both bills died in committee.

HB 1325 Exemption/Pawnbroker Transaction Records

Rep. Darryl Rouson (D-St. Petersburg) Died in committee.

HB 1383 and SB 1984, Exemption/Technology Seed Capital Fund

Rep. Jason Brodeur (R-Sanford); Sen. Thad Altman (R-Melbourne) Both bills died in committee.

HB 1419 and SB 1712, Exemption/Destination Resort Commission

Rep. Erik Fresen (R-Miami); Sen. Dennis Jones (R-Seminole) Both bills died in committee.

CS/SB 1456 and CS/HB 1473, Exemption/Health Choice Program

Sen. Rene Garcia (R-Hialeah); Rep. Richard Corcoran (R-New Port Richey) CS/SB 1456 was tabled; CS/HB 1473 was approved by both chambers and PASSED. See CS/HB 1473.

SB 1472, Exemption/Ethics Commission

Sen. Mike Fasano (R-New Port Richey) Died in committee.

SB 1606, Exemption/Title Insurance Records

Sen. Thad Altman (R-Melbourne) Died in committee.

SJR 1704 and HJR 7037 Records/Judicial Qualifications Commission

Sen. Alan Hays (R-Umatilla); H. Civil Justice Subcommittee SJR 1704 died on S. Calendar; HJR 7037 died in committee.

SB 1834 and HB 4091, Expunction of Records

Sen. Miguel Diaz de la Portilla (R-Miami); Rep. Daphne Campbell (D-Miami Shores) SB 1834 was withdrawn from consideration; HB 4091 died in committee.

SB 1858, Exemption/Abortion Records

Sen. Ronda Storms (R- Brandon) Died in committee.

SB 1876, Expunction of Traffic Violations

Sen. Maria Lorts Sachs (D-Delray) Died in committee.

CS/SB 1970 and HB 7099, Exemption/OPPAGA Work Papers

Sen. John Thrasher (R-Jacksonville); H. Government Operations Subcommittee CS/SB 1970 was approved by both chambers and PASSED; HB 7099 was tabled. See CS/SB1970.

SB 2056 and HB 7159, OGSR/Ethics Commission

S. Ethics & Elections Subcommittee; H. Government Operations Subcommittee SB 2056 was tabled; HB 7159 was approved by both chambers and PASSED. See HB 7159.

CS/SB 2090 and CS/HB 7223, OGSR/Competitive Solicitations

S. Governmental Oversight Committee; H. Government Operations Subcommittee CS/SB 2090 was tabled; CS/HB 7223 was approved by both chambers and PASSED. See HB 7223.

SB 2096, State Financial Information

S. Budget Committee Approved by both chambers and PASSED. See SB 2096.

SB 2174 and HB 7225, OGSR/SBA — Alternative Investments

S. Governmental Oversight Committee: H. Government Operations Subcommittee SB 2174 was tabled; HB 7225 was approved by both chambers and PASSED. See HB 722.

HB 4005 Legislative Records

Rep. Matt Gaetz (R-Shalimar) Died in committee.

HB 7171 Military Base Reorganization Exemption

H. Economic Development Committee HB 7171 tabled and substance of bill rolled into CS/SB 1346. See CS/SB 1346.

OPEN GOVERNMENT BILLS PASSED IN 2011 SESSION

CS/SB 170 Electronic Filing & Receipt of Court Records:

In pertinent part, requires each state attorney and public defender to implement a system that allows for the electronic filing and receipt of court records. Similar to HB 443. Sen. Mike Bennett (R-Bradenton) DOES NOT CREATE AN EXEMPTION Passed the Senate unanimously; substituted for CS/HB 443 and passed the House unanimously. Ordered enrolled.

SB 298 Meetings — Municipal Government:

Amends § 166.0213, F.S., to allow the governing body of a city with less than 500 residents to hold meetings within five miles of the exterior boundaries of the city as prescribed by ordinance or resolution. Similar to HB 65. Sen. J.D. Alexander (R-Lake Wales) DOES NOT CREATE AN EXEMPTION Passed the Senate unanimously; substituted for HB 65 and passed the House unanimously. Ordered enrolled.

CS/HB 409 Exemption/Video Voyeurism:

Expands § 119.071(2)(h)1.c., F.S., providing a public record exemption for photographs, videotapes, or images of any part of the body of victims of certain, specified sexual offenses to include victims of video voyeurism. Similar to SB 1168. Rep. Keith Perry (R-Ocala) Passed the House unanimously; substituted for CS/SB 1168 and passed the Senate unanimously. Ordered enrolled.

CS/HB 411 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by court order and a showing of good cause. Stipulates that the exemption is not intended to, nor may be construed to, overturn or abrogate or alter any existing orders duly entered into by any court of this state, as of the effective date of the act, which restrict or limit access to any photographs or video or audio recordings that depict or record the killing of a person. Similar to SB 416. Rep. Rachel Burgin (R-Tampa) Passed the House 111/6; substituted for CS/SB 416 and passed the Senate, 34/4. Ordered enrolled.

CS/HB 579 Exemption/Regional Autism Centers:

Creates a public record exemption for clients of regional autism centers who receive center services or participate in center activities. Also exempts all records relating to the client’s family. Finally, creates an exemption for personal identifying information of donors or prospective donors to a regional autism center who desire anonymity. Similar to SB 1192. Rep. Marti Coley (R-Mariana) Passed the House unanimously; substituted for CS/SB 1192 and passed the Senate unanimously. Order enrolled.

HB 597 Exemption/Emergency Notification System:

Creates a public record exemption for information, including names, addresses, telephone numbers, e-mail addresses, and other electronic communication addresses, furnished to an agency for the purpose of emergency notification by the agency. Similar to SB 874. Rep. Dwayne Taylor (D-Daytona Beach) Passed the House unanimously; substituted for SB 874 and passed the Senate unanimously. Ordered enrolled.

CS/HB 667 Exemption/Inspector General Reports:

Amends § 119.0713(2), F.S., to provide an exemption for investigative and audit reports of local government inspectors general, stipulating that such reports are subject to disclosure once the audit or investigation becomes final. Also creates an exemption for information received, produced, or derived as the result of an investigation conducted by a local government inspector general. Similar to SB 828. Rep. Jeff Clemens (R-Lake Worth) Passed the House 111/1; substituted for CS/SB 828 and passed the Senate unanimously. Ordered enrolled.

CS/HB 677 Exemption/Office of Financial Regulation:

Creates a public record exemption for information received by OFR from another state or federal regulatory, administrative, or criminal justice agency that is confidential or exempt pursuant to state or federal law. Also creates an exemption for information received or developed by OFR as part of a joint or multi-agency examination or investigation, stipulating the exemption does not apply to information obtained or developed by OFR that is would otherwise be subject to disclosure if OFR had conducted an independent investigation or examination. Similar to SB 1328. Rep. Ray Pilon (R-Sarasota) Passed the House unanimously; substituted for CS/SB 1328 and passed the Senate unanimously. Ordered enrolled.

CS/HB 913 Exemption/Public Airports — Proprietary Business Information:

Creates a public record exemption for proprietary confidential business information submitted to or held by a public airport. Defines “proprietary confidential business information to include: (1) business plans; (2) internal auditing controls and reports of internal auditors; (3) reports of external auditors for privately held companies; (4) trade secrets; (5) client and customer lists; (6) potentially patentable material; (7) business transactions; (8) financial information of the proprietor; and (9) financial projections of the proprietor or airport facilities projects for which the information is provided. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities, stipulating that such records are subject to disclosure once the proposal or counterproposal is approved. Similar to SB 994. Rep. Mike Horner (R-Kissimmee) Passed the House 92/24; substituted for CS/SB 994 and passed the Senate 39/1. Ordered enrolled.

HB 951 Recording of Real Property Documents:

In pertinent part, stipulates that a document that is otherwise entitled to be recorded and which has been accepted for recording by the clerk of court is valid even if the document is defective or deviates from strict compliance with applicable statutes, rules, or procedures. Applies retroactively. Similar to SB 1072. Rep. Ben Albritton (R-Bartow) DOES NOT CREATE AN EXEMPTION Passed the House unanimously; substituted for CS/SB 1072 and passed the Senate unanimously. Ordered enrolled.

CS/HB 965 Florida Tax Credit Scholarship Program:

Deletes the provision that limits tax credits to 75% of taxes owed by contributors to the Florida Tax Credit Scholarship Program. Similar to SB 1388. Rep. Mike Horner (R-Kissimmee) DOES NOT CREATE AN EXEMPTION Passed the House as amended 96/18; substituted for CS/SB 1388 and passed the Senate 34/5. Ordered enrolled.

CS/SB 1346 Obsolete References and Programs:

In pertinent part, repeals § 288.982, F.S., providing exemptions for various records and meetings relating to the US Department of Defense Base Realignment and Closure 2005 process. DOES NOT CREATE AN EXEMPTION Passed the Senate unanimously; passed the House 102/8. Ordered enrolled.

CS/HB 1473 Exemption/Florida Health Choices Program:

Creates a public record exemption for (1) personal identifying information of enrollees or participants in the Florida Health Choices Program; (2) client and customer lists of a buyer’s representative; and (3) proprietary confidential business information held by Florida Health Choices, Inc. Provides definitions. Similar to SB 1456. Rep. Richard Corcoran (R-New Port Richey) Passed the House unanimously; substituted for CS/SB 1456 and passed the Senate 38/1. Ordered enrolled.

CS/SB 1970 Exemption/OPPAGA:

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Similar to HB 7099. Sen. John Thrasher (R-Jacksonville) Passed the Senate unanimously; substituted for HB 7099 and passed the House 110/6. Approved by the Governor. Ch. No. 2011-35.

SB 2096 State Financial Information:

In pertinent part, requires the Auditor General to annually provide to the Legislature a list of school districts and water management districts that have failed to comply with certain financial transparency requirements, as identified pursuant to audit. DOES NOT CREATE AN EXEMPTION Passed both chambers unanimously as amended by Conference Committee Report. Ordered enrolled.

CS/HB 4045 Assisted Living Facilities:

In pertinent part, deletes the requirement that the Agency for Health Care Administration (AHCA) report annually a list of assisted living facilities sanctioned or fined. Also deletes a provision requiring such facilities to report liabilities claims to AHCA on a monthly basis. Rep. Matt Hudson (R-Naples) DOES NOT CREATE AN EXEMPTION Substituted for various House bills, including HB 4053, and passed the House 111/3; passed the Senate unanimously. Ordered enrolled.

HB 7075 OGSR/Home Addresses — DJJ Employees:

Reenacts with minor modification § 119.071(4)(d)1.i, F.S., providing a public record exemption for the home address, etc., of certain employees and their family members of the Department of Juvenile Justice. Similar to SB 600. H. Government Operations Subcommittee Passed the House 113/1; substituted for SB 600 and passed the Senate 36/3. Ordered enrolled.

HB 7077 OGSR/Biometric Identification Information:

Reenacts without modification § 119.071(5)(g), F.S., providing a public record exemption for biometric information held by an agency, including friction ridge detail, fingerprints, palm prints, and footprints. Similar to SB 602. H. Government Operations Subcommittee Passed the House unanimously; substituted for SB 602 and passed the Senate unanimously. Ordered enrolled.

HB 7079 OGSR/Florida Center for Brain Tumor Research:

Expands § 381.8531, F.S., providing an exemption for medical records held by the Center, to now exempt personal identifying information of donors to the central repository for brain tumor biopsies or the brain tumor registry. Similar to SB 420. H. Government Operations Subcommittee Passed the House 111/1; substituted for SB 410 and passed the Senate unanimously. Ordered enrolled.

HB 7081 OGSR/Statewide Public Guardianship Office:

Reenacts with minor modification § 744.7082, F.S., providing an exemption for information identifying donors or potential donors to the direct support organization of the Statewide Public Guardianship Office. Similar to SB 572. H. Government Operations Subcommittee Passed the House unanimously; substituted for SB 572 and passed the Senate unanimously. Ordered enrolled.

HB 7083 OGSR/Interference with Custody:

Reenacts without modification § 787.03(6)(c), F.S., providing a public record exemption for the current address and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody. Similar to SB 570. H. Government Operations Subcommittee Passed the House unanimously; substituted for SB 570 and passed the Senate unanimously. Ordered enrolled.

HB 7085 OGSR/Court Monitors:

Reenacts with minor modification § 744.1076, F.S., providing an exemption for court orders appointing court monitors or emergency court monitors. Also exempts reports of monitors and emergency monitors relating to the medical condition, financial affairs, or mental health of wards. Similar to SB 568. H. Government Operations Subcommittee Passed the House unanimously; substituted for SB 568 and passed the Senate unanimously. Ordered enrolled.

HB 7159 OGSR/Ethics Commission:

Reenacts without modification § 112.3215(8), F.S., providing exemptions for records and meetings related to audits and investigations conducted by the Commission on Ethics of alleged violations of certain lobbyist registration and reporting requirements. Similar to SB 2056. H. Government Operations Subcommittee Passed the House unanimously; substituted for SB 2056 and passed the Senate unanimously. Ordered enrolled.

HB 7161 OGSR/Concealed Weapon Permits:

Reenacts with minor technical changes § 790.0601, F.S., providing a public record exemption for personal identifying information of individuals who have applied for concealed weapon permits. Similar to SB 604. H. Government Operations Subcommittee Passed the House 98/12; substituted for SB 604 and passed the Senate 36/2. Ordered enrolled.

HB 7223 OGSR/Competitive Solicitations:

Amends the public record exemption in § 119.071(1)(b), F.S., for sealed bids or proposals received by an agency in response to an invitations to bid or requests for proposal. As amended, provides a public record exemption for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation, stipulating that the replies are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier. Also amends the meeting exemption § 286.0113, F.S., providing an exemption for portions of meetings at which negotiations with vendors conducted pursuant to a competitive solicitation and those portions of team meetings at which negotiation strategies are discussed. Requires a complete recording of exempt portions of meetings, stipulating that such recordings and any records presented at an exempt meeting are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier. Provides definitions. Similar to SB 2090. H. Government Operations Subcommittee Passed the House unanimously; substituted for CS/SB 2090 and passed the Senate unanimously. Ordered enrolled.

HB 7225 OGSR/SBA Alternative Investments:

Reenacts, with minor amendments, § 215.440, F.S., providing public record exemptions for records relating to alternative investments made by the State Board of Administration. As amended, stipulates that information relating to third party placement agents is subject to disclosure and requires SBA to maintain a list and description of records that are declare proprietary and therefore not subject to disclosure. Similar to SB 2174. H. Government Operations Subcommittee Passed the House 114/1; substituted for SB 2174 and passed the Senate 34/2. Ordered enrolled.

Week Ending April 29, 2011

Week Ending April 15, 2011

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 2011 Legislature will be reviewing all exemptions created in 2005. Those bills will be included in our legislative reports and are designated “OGSR”.

PERIOD ENDING APRIL 15, 2011

CS/SB 314 Exemption/Dental Workforce Surveys:

Creates a public record exemption for information contained in dental workforce surveys submitted by dentists and dental hygienists to the Department of Health as a condition for license renewal. Similar to HB 485. Sen. Garrett Richter (R-Naples) S. Governmental Oversight & Accountability Committee: Reported favorably. S. Budget Subcommittee: Reported favorably. Now in S. Budget.

CS/HB 409 Exemption/Video Voyeurism:

Expands § 119.071(2)(h)1.c., F.S., providing a public record exemption for photographs, videotapes, or images of any part of the body of victims of certain, specified sexual offenses to include victims of video voyeurism. Similar to SB 1168. Rep. Keith Perry (R-Ocala) H. Judiciary Committee: Reported favorably. H. State Affairs: Reported favorably. Now on H. Calendar.

HB 411 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by court order and a showing of good cause. Similar to SB 416. Rep. Rachel Burgin (R-Tampa)UNAPPROVED H. Judiciary Committee: Reported favorably. H. State Affairs Committee: Amended to provide that the exemption is not intended to, nor may be construed to, overturn or abrogate or alter any existing orders duly entered into by any court of this state, as of the effective date of the act, which restrict or limit access to any photographs or video or audio recordings that depict or record the killing of a person. Reported favorably as a committee substitute. On H. Calendar. UNAPPROVED

SB 416 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by specified family members or by court order and a showing of good cause. Similar to HB 411. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) UNAPPROVED S. Criminal Justice Committee: An amendment clarifying that a family member may designate another person to view, copy, or publish the record is adopted; reported favorably as a committee substitute. S. Judiciary Committee: An amendment was adopted providing that the exemption does not apply to any court order restricting or limiting access to any photograph or video or audio recording depicting or recording the killing of a person in effect July 1, 2011, but applies only to photographs, videos or audio recordings that are public records as defined in § 119.011, F.S. Reported favorably as a committee substitute. Now in S. Governmental Oversight and Accountability Committee. UNAPPROVED

SB 828 Exemption/Inspector General Reports:

Amends § 119.0713(2), F.S., to provide an exemption for investigative and audit reports of local government inspectors general, stipulating that such reports are subject to disclosure once the audit or investigation becomes final. Also creates an exemption for information received, produced, or derived as the result of an investigation conducted by a local government inspector general. Similar to HB 667. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) S. Community Affairs Committee: A minor amendment is adopted; reported favorably as a committee substitute. S. Judiciary Committee: Reported favorably. Now in S. Governmental Oversight and Accountability.

CS/HB 913 Exemption/Public Airports – Proprietary Business Information:

Creates a public record exemption for proprietary confidential business information submitted to or held by a public airport. Defines “proprietary confidential business information to include: (1) business plans; (2) internal auditing controls and reports of internal auditors; (3) reports of external auditors for privately held companies; (4) trade secrets; (5) client and customer lists; (6) potentially patentable material; (7) business transactions; (8) financial information of the proprietor; and (9) financial projections of the proprietor or airport facilities projects for which the information is provided. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities. Similar to SB 994. Rep. Mike Horner (R-Kissimmee)UNAPPROVED H. Economic Affairs Committee: Reported favorably. H. State Affairs: Reported favorably. Now on H. Calendar.

CS/HB 965 Florida Tax Credit Scholarship Program:

Amends the public record exemption in § 213.053, F.S., for information identifying contributors to the Florida Tax Credit Scholarship Program to allow access to the names and addresses of the 100 taxpayers with the greatest tax liabilities by eligible nonprofit scholarship-funding organizations. Also deletes limitation that such tax credits can’t exceed 75% taxes owed. Similar to SB 1388. Rep. Mike Horner (R-Kissimmee) UNAPPROVED H. State Affairs Committee: Reported favorably. On H. Appropriations agenda 4/15.

CS/SB 994 Exemption/Public Airports – Proprietary Business Information:

Creates a public record exemption for proprietary confidential information submitted to or held by a public airport, if (1) the information is intended to be and is treated as private by the proprietor submitting the information; (2) the disclosure of such information would harm the business interests of the proprietor; and (3) the information has not been intentionally disclosed by the proprietor. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until ten days after the proposal or counterproposal is approved by the airport’s governing body. Similar to HB 913. Sen. Jack Latvala (R-St. Petersburg) UNAPPROVED S. Commerce & Tourism Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, creates a public record exemption for proprietary confidential information submitted to or held by a public airport, if (1) the information is intended to be and is treated as private by the proprietor submitting the information; (2) the disclosure of such information would harm the business interests of the proprietor; and (3) the information has not been intentionally disclosed by the proprietor, stipulating that the information is subject to disclosure when otherwise publicly available or is no longer treated as proprietary. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until approved by the airport’s governing body. Provides that the exemption is expires when the board votes to approve the proposal or counterproposal. UNAPPROVED S. Governmental Oversight & Accountability Committee: Reported favorably. Now on S. Calendar.

SB 1192 Exemption/Regional Autism Centers:

Creates a public record exemption for all records relating to clients of regional autism centers, the client’s family, or a teacher or other professional receiving center services or participating in center activities. Similar to HB 579. Sen. Nan Rich (D-Sunrise) UNSURE S. Children and Families Committee: Reported favorably. Now in S. Health Regulation Committee: Amended to removed the exemption for teachers or other professionals who receive services or participate in an autism center’s activities; authorizes release of information to the State Board of Education or the Board of Governors without redacting personal identifying information; authorizes release of information to researchers under limited circumstances; and protects the identity of donors. Reported favorably with one amendment. S. Governmental Oversight and Accountability: Reported favorably as a committee substitute incorporating amendment adopted in S. Health Regulation Committee. Now on S. Calendar.

SB 1328 Exemption/Office of Financial Regulation:

Creates a public record exemption for information made available to OFR by a state or federal regulatory, administrative, or criminal justice agency that is provided to OFR only on a confidential or similarly restricted basis or is developed as part of a joint or multi-agency investigation or examination. Similar to HB 677. Sen. Alan Hays (R-The Villages) S. Criminal Justice Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1328 creates a public record exemption for information received by OFR from another state or federal regulatory, administrative, or criminal justice agency that is confidential or exempt pursuant to state or federal law. Also creates an exemption for information received or developed by OFR as part of a joint or multi-agency examination or investigation, stipulating the exemption does not apply to information obtained or developed by OFR that is would otherwise be subject to disclosure if OFR had conducted an independent investigation or examination. S. Governmental Oversight & Accountability Committee: Reported favorably. Now on S. Calendar.

SB 1402 Expunging Criminal History Records:

Similar to HB 727. Sen. Chris Smith (D-Oakland Park) S. Criminal Justice Committee: Amended to allow for a second sealing and expunging of a criminal history record and provides eligibility standards for second sealing; allows a person to deny or fail to acknowledge arrests under certain circumstances; requires FDLE to disclose the contents of an expunged record to the subject of the records upon written, notarized request; requires each clerk of court website to include information relating to procedures to seal or expunge criminal history records. Reported favorably as committee substitute. Now in S. Judiciary.

SB 1456 Exemption/Florida Health Choices Program:

Creates a public record exemption for personal identifying information of applicants, enrollees, or participants in the Florida health Choices Program. Similar to HB 1473. Sen. Rudy Garcia (R-Hialeah) S. Children, Families & Elder Affairs Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, creates a public record exemption for (1) personal identifying information of enrollees or participants in the Florida Health Choices Program; (2) client and customer lists of a buyer’s representative; and (3) proprietary confidential business information held by Florida Health Choices, Inc. Provides definitions. S. Governmental Oversight & Accountability Committee: Amended to correct two grammatical errors. Reported favorably as a committee substitute. Now on S. Calendar.

CS/SB 1970 Exemption/OPPAGA:

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Similar to HB 7099. Sen. John Thrasher (R-Jacksonville) UNAPPROVED Senate: Passed the Senate. UNAPPROVED House: Passed the House. UNAPPROVED

SB 2090 OGSR/Submission of Competitive Solicitation:

Amends the public record exemption in § 119.071(1)(b), F.S., for sealed bids or proposals received by an agency in response to an invitations to bid or requests for proposal. As amended, provides a public record exemption for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation, stipulating that the replies are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier. Also amends the meeting exemption § 286.0113, F.S., providing an exemption for portions of meetings at which negotiations with vendors conducted pursuant to a competitive solicitation and those portions of team meetings at which negotiation strategies are discussed. Requires a complete recording of exempt portions of meetings, stipulating that such recordings and any records presented at an exmept meeting are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier. Provides definitions. S. Governmental Oversight & Accountability Committee: Removes the phrase “by responsive vendors” from the definitions of “competitive solicitation” in the bill; removes the phrase to make a contract award” throughout the bill; specifies that expiration of the exemptions is contingent upon opening the bids, proposals, or final replies. Reported favorably as a committee substitute. Now in S. Budget.

SB 2174 OGSR/SBA Alternative Investments:

Reenacts, with minor amendments, § 215.440, F.S., providing public record exemptions for records relating to alternative investments made by the State Board of Administration. As amended, stipulates that information relating to third party placement agents is subject to disclosure and requires SBA to maintain a list and description of records that are declare proprietary and therefore not subject to disclosure. Similar to HB 7225. S. Governmental Oversight & Accountability Committee: Reported favorably. Now on S. Calendar. UNAPPROVED

HB 7099 Exemption/OPPAGA:

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Similar to SB 1970. UNAPPROVED State Affairs: Reported favorably. House: Tabled; SB 1970 substituted. See SB 1970.

HB 7225 OGSR/SBA Alternative Investments:

Similar to SB 2174. H. State Affairs Committee: Reported favorably. Now on Calendar. UNAPPROVED

Week Ending April 8, 2011

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 2011 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 8, 2011

CS/SB 102 Office of Chief Technology Officer:

In pertinent part, creates the Office of the Chief Technology Officer within the Department of Financial Services. Similar to HB 31. Sen. Jeremy Ring (D-Margate)   S. Governmental Oversight & Accountability Committee: A strike-all amendment, as amended, is adopted; reported favorably as a committee substitute. Now in S. Budget.

CS/SB 106 Exemption/Donors — Performing Arts Centers:

Creates a public record exemption for information identifying donors or prospective donors to a publicly-owned performing arts center who desire anonymity. Also creates an exemption for identifying information of donors or prospective donors to the direct support organization of the Research Center and Museum at the Historic Capitol if anonymity is requested. Similar to HB 121. Sen. Jeremy Ring (D-Margate) S. Governmental Oversight & Accountability Committee: Minor amendment adopted; reported favorably as a committee substitute. Now on H. Calendar.

CS/CS/HB 121 Exemption/Donors — Performing Arts Centers:

Creates a public record exemption for information identifying donors or prospective donors to a publicly-owned performing arts center who desire anonymity. Similar to SB 106. Rep. Perry Thurston (D-Ft. Lauderdale) H. State Affairs: Amended to create an exemption for identifying information of donors or prospective donors to the direct support organization of the Research Center and Museum at the Historic Capitol if anonymity is requested; reported favorably as a committee substitute. Now on H. Calendar.

CS/SB 170 Electronic Filing & Receipt of Court Records:

In pertinent part, requires each state attorney and public defender to implement a system that allows for the electronic filing and receipt of court records. Similar to HB 443. Sen. Mike Bennett (R-Bradenton)   Senate: A lengthy amendment make various changes to ch. 440, F.S., is adopted; passed the Senate. Now in H. Messages.

CS/HB 409 Exemption/Video Voyeurism:

Expands § 119.071(2)(h)1.c., F.S., providing a public record exemption for photographs, videotapes, or images of any part of the body of victims of certain, specified sexual offenses to include victims of video voyeurism. Similar to SB 1168. Rep. Keith Perry (R-Ocala) H. Judiciary Committee: Reported favorably. Now in H. State Affairs.

HB 411 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by court order and a showing of good cause. Similar to SB 416. Rep. Rachel Burgin (R-Tampa)   H. Judiciary Committee: Reported favorably. Now in H. State Affairs Committee.

CS/HB 443 Electronic Filing & Receipt of Court Records:

In pertinent part, requires each state attorney and public defender to implement a system that allows for the electronic filing and receipt of court records. Similar to SB 170. Rep. Jim Boyd (R-Bradenton) H. Justice Appropriations Subcommittee: Reported favorably. Now in H. Judiciary

CS/HB 579 Exemption/Regional Autism Centers:

Creates public record exemption for clients of regional autism centers who receive center services or participate in center activities. Also exempts all records relating to the client’s family. Finally, creates an exemption for personal identifying information of donors or prospective donors to a regional autism center who desire anonymity. Similar to SB 1192. Rep. Marti Coley (R-Mariana) H. Education Committee: Reported favorably. H. State Affairs Committee: Reported favorably. Now on H. Calendar.

HB 597 Exemption/Emergency Notification System:

Creates a public record exemption for information, including names, addresses, telephone numbers, e-mail addresses, and other electronic communication addresses, furnished to an agency for the purpose of emergency notification by the agency. Similar to SB 874. Rep. Dwayne Taylor (D-Daytona Beach) H. State Affairs Committee: Reported favorably. Now on H. Calendar.

SB 604 OGSR/Concealed Weapon Permits:

Reenacts with minor technical changes § 790.0601, F.S., providing a public record exemption for personal identifying information of individuals who have applied for concealed weapon permits. S. Criminal Justice Committee   S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

CS/HB 667 Exemption/Inspector General Reports:

Amends § 119.0713(2), F.S., to provide an exemption for investigative and audit reports of local government inspectors general, stipulating that such reports are subject to disclosure once the audit or investigation becomes final. Also creates an exemption for information received, produced, or derived as the result of an investigation conducted by a local government inspector general. Similar to SB 828. Rep. Jeff Clemens (R-Lake Worth) H. State Affairs Committee: Reported favorably. Now on H. Calendar.

CS/HB 677 Exemption/Office of Financial Regulation:

Creates creates a public record exemption for information received by OFR from another state or federal regulatory, administrative, or criminal justice agency that is confidential or exempt pursuant to state or federal law. Also creates an exemption for information received or developed by OFR as part of a joint or multi-agency examination or investigation, stipulating the exemption does not apply to information obtained or developed by OFR that is would otherwise be subject to disclosure if OFR had conducted an independent investigation or examination. Similar to SB 1328. Rep. Ray Pilon (R-Sarasota) H. State Affairs Committee: Reported favorably. Now on H. Calendar.

SB 874 Exemption/Emergency Notification System:

Creates a public record exemption for information, including names, addresses, telephone numbers, e-mail addresses, and other electronic communication addresses, furnished to an agency for the purpose of emergency notification by the agency. Similar to HB 597. Sen. Alan Hays (R-Umatilla) S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Budget Committee.

CS/HB 913 Exemption/Public Airports — Proprietary Business Information:

Creates a public record exemption for proprietary confidential business information submitted to or held by a public airport. Defines “proprietary confidential business information to include: (1) business plans; (2) internal auditing controls and reports of internal auditors; (3) reports of external auditors for privately held companies; (4) trade secrets; (5) client and customer lists; (6) potentially patentable material; (7) business transactions; (8) financial information of the proprietor; and (9) financial projections of the proprietor or airport facilities projects for which the information is provided. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities. Similar to SB 994. Rep. Mike Horner (R-Kissimmee)   H. Economic Affairs Committee: Reported favorably. Now in H. State Affairs.

CS/HB 965 Florida Tax Credit Scholarship Program:

Amends the public record exemption in § 213.053, F.S., for information identifying contributors to the Florida Tax Credit Scholarship Program to allow access to the names and addresses of the 100 taxpayers with the greatest tax liabilities by eligible nonprofit scholarship-funding organizations. Also deletes limitation that such tax credits can’t exceed 75% taxes owed. Similar to SB 1388. Rep. Mike Horner (R-Kissimmee)   H. State Affairs Committee: Reported favorably. Now in H. Appropriations.

CS/SB 994 Exemption/Public Airports — Proprietary Business Information:

Creates a public record exemption for proprietary confidential information submitted to or held by a public airport, if (1) the information is intended to be and is treated as private by the proprietor submitting the information; (2) the disclosure of such information would harm the business interests of the proprietor; and (3) the information has not been intentionally disclosed by the proprietor. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until ten days after the proposal or counterproposal is approved by the airport’s governing body. Similar to HB 913. Sen. Jack Latvala (R-St. Petersburg)   S. Commerce & Tourism Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, creates a public record exemption for proprietary confidential information submitted to or held by a public airport, if (1) the information is intended to be and is treated as private by the proprietor submitting the information; (2) the disclosure of such information would harm the business interests of the proprietor; and (3) the information has not been intentionally disclosed by the proprietor, stipulating that the information is subject to disclosure when otherwise publicly available or is no longer treated as proprietary. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until approved by the airport’s governing body. Now in S. Governmental Oversight & Accountability Committee.   

HB 1027 Exemption/Spouse Names:

Creates a public record exemption for the names of spouses and children of active or former law enforcement officers, correctional personnel, fire fighters, and specified employees of the Departments of Children and Families, Health, and Revenue. Similar to SB 766. Rep. Greg Steube (R-Sarasota)   H. State Affairs Committee: Reported favorably. Now on H. Calendar.

SB 1168 Exemption/Video Voyeurism:

Expands § 119.071(2)(h)1.c., F.S., providing a public record exemption for photographs, videotapes, or images of any part of the body of victims of certain, specified sexual offenses to include victims of video voyeurism. Similar to HB 409. Sen. Steve Oelrich (R-Gainesville) S. Criminal Justice Committee: A minor, technical amendment is adopted; reported favorably as a committee substitute. Now in S. Judiciary Committee.

SB 1328 Exemption/Office of Financial Regulation:

Creates a public record exemption for information made available to OFR by a state or federal regulatory, administrative, or criminal justice agency that is provided to OFR only on a confidential or similarly restricted basis or is developed as part of a joint or multi-agency investigation or examination. Similar to HB 677. Sen. Alan Hays (R-The Villages)   S. Criminal Justice Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/SB 1328 creates a public record exemption for information received by OFR from another state or federal regulatory, administrative, or criminal justice agency that is confidential or exempt pursuant to state or federal law. Also creates an exemption for information received or developed by OFR as part of a joint or multi-agency examination or investigation, stipulating the exemption does not apply to information obtained or developed by OFR that is would otherwise be subject to disclosure if OFR had conducted an independent investigation or examination. Now in S. Governmental Oversight & Accountability Committee.

SB 1408 Exemption/Litigation Meetings:

Significantly expands § 286.011(8), F.S., providing a limited exemption for agency meetings related to pending litigation. As amended, would allow any public employee or agent with relevant information needed by the agency attorney to attend the closed meeting and broadens the meetings topics of discussion to allow discussion of “advice related to matters regarding the litigation.” Similar to HB 1065. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale)   S. Community Affairs Committee: Reported favorably. Now in S. Government Oversight & Accountability Committee.   

SB 1448 Sale or Lease of Public Hospitals:

Stipulates that the sale or lease of a public hospital is subject to approval by the Attorney General. Requires the boards of such hospitals to make certain findings and to submit a written request for approval to the attorney general within 120 days before the anticipated closing date. Stipulates that the approval include: the name and address of all parties to the transaction; the location of the hospital; a description of the terms of all proposed agreements; a copy of the proposed sale or lease agreement; the estimated total value of the transaction and the acquisition price; valuations of the hospital’s assets; financial or economic analyses; a fairness evaluation by an independent expert; and copies of all other proposals and bids received by the board. Similar to HB 619. Sen. Rene Garcia (R-Hialeah)   S. Community Affairs Committee: A strike all amendment, as amended, is adopted; reported favorably as a committee substitute. As amended, CS/SB 1448 stipulates that the sale or lease of a public hospital is subject to the approval by majority voted of the registered voters in the county, district, or municipality or, in the alternative by a circuit court. Requires the hospital board to publish notice of the proposed transaction 120 days prior to the anticipated closing date in one or more newspapers of general circulation in the county where most of the hospital’s assets are located; such notice must include the names of the parties involved, the means by which persons may submit written comments regarding the proposed transaction, and the means by which copies of the board’s findings may be obtained. Also requires the board to make available a statement of findings and certain documents at the same time as the public notice, stipulating that the findings must include: the name and address of all parties to the transaction; the location of the hospital; a description of the terms of all proposed agreements; a copy of the proposed sale or lease agreement; the estimated total value of the transaction and the acquisition price; valuations of the hospital’s assets; financial or economic analyses; a fairness evaluation by an independent expert; and copies of all other proposals and bids received by the board. Anyone who opposes the transaction must submit a detailed written notice to the board within 20 days of publication of the notice. Requires the governing board to file a petition for approval in a circuit court at least 30 days after publication of the notice; the circuit court must then issue an order requiring all interested parties to appear and show why the board’s petition should not be granted. Requires the clerk of court to publish notice of such hearings in one or more newspapers of general circulation at least once a week for two consecutive weeks, at least 20 days before the hearing date. Provides specific findings that must be made by the court in approving the proposed transaction. Now in S. Judiciary Committee.

SB 1456 Exemption/Florida Health Choices Program:

Creates a public record exemption for personal identifying information of applicants, enrollees, or participants in the Florida health Choices Program. Similar to HB 1473. Sen. Rudy Garcia (R-Hialeah) S. Children, Families & Elder Affairs Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, creates a public record exemption for (1) personal identifying information of enrollees or participants in the Florida Health Choices Program; (2) client and customer lists of a buyer’s representative; and (3) proprietary confidential business information held by Florida Health Choices, Inc. Provides definitions. Now in S. Governmental Oversight & Accountability Committee.

SJR 1704 Judicial Qualifications Commission:

Proposes an amendment to Article V, section 12, of the Florida Constitution, to stipulate that all records and materials relating to complaints against justices or judges held by the Judicial Qualifications Commission are subject to inspection and copying by the public. Also requires the Commission to notify the House Speaker of: all complaints received or initiated by the Commission; all investigations conducted by the Commission; and all complaints dismissed, settled, or otherwise concluded. Sen. Alan Hays (R-Umatilla) S. Judiciary Committee: Reported favorably (6/1, Sen. Joyner voting no). Now in S. Governmental Oversight & Accountability Committee.

NEW BILLS FILED

SB 2090 OGSR/Submission of Competitive Solicitation:

Amends the public record exemption in § 119.071(1)(b), F.S., for sealed bids or proposals received by an agency in response to an invitations to bid or requests for proposal. As amended, provides a public record exemption for sealed bids, proposals, or replies received by an agency pursuant to a competitive solicitation, stipulating that the replies are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier. Also amends the meeting exemption § 286.0113, F.S., providing an exemption for portions of meetings at which negotiations with vendors conducted pursuant to a competitive solicitation and those portions of team meetings at which negotiation strategies are discussed. Requires a complete recording of exempt portions of meetings, stipulating that such recordings and any records presented at an exmept meeting are exempt until the agency provides notice of an intended decision to award a contract or until 30 days after the opening of the bids, proposals, or replies, whichever is earlier. Provides definitions. S. Governmental Oversight & Accountability Committee

SB 2174 OGSR/SBA Alternative Investments:

Reenacts, with minor amendments, § 215.440, F.S., providing public record exemptions for records relating to alternative investments made by the State Board of Administration. As amended, stipulates that information relating to third party placement agents is subject to disclosure and requires SBA to maintain a list and description of records that are declare proprietary and therefore not subject to disclosure. Similar to HB 7225. S. Governmental Oversight & Accountability Committee  

HB 7223 OGSR/Competitive Solicitations:

Similar to SB 2090. H. Government Operations Subcommittee. H. State Affairs Committee: Clarifying and conforming amendments adopted; removes references to state purchasing statute and Administrative Procedure Act to clarify agencies meeting definition of “agency” for open government purposes are included within exemption; reported favorably as committee substitute. Now on H. Calendar. 

HB 7225 OGSR/SBA Alternative Investments:

Similar to SB 2174. H. Government Operations Subcommittee

Week Ending April 1, 2011

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 2011 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 1, 2011

HB 121 Exemption/Donors – Performing Arts Centers:

Creates a public record exemption for information identifying donors or prospective donors to a publicly-owned performing arts center who desire anonymity. Also creates an exemption for identifying information of donors or prospective donors to the direct support organization of the Research Center and Museum at the Historic Capitol if anonymity is requested. Similar to SB 106. Rep. Perry Thurston (D-Ft. Lauderdale) H. Government Operations Subcommittee: Two minor amendments adopted; reported favorably as a committee substitute. Now in H. Rules and Calendar Committee.

HB 411 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by court order and a showing of good cause. Similar to SB 416. Rep. Rachel Burgin (R-Tampa)   H. Government Operations Subcommittee: Reported favorably. Now in H. Criminal Justice Subcommittee.  

SB 416 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by specified family members or by court order and a showing of good cause. Similar to HB 411. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale)   S. Criminal Justice Committee: An amendment clarifying that a family member may designate another person to view, copy, or publish the record is adopted; reported favorably as a committee substitute. Now in S. Judiciary Committee.  

SB 458 Administrative Expunction of Arrest Records:

Amends § 943.0581(3), F.S., providing for the administration expunction of arrest records to stipulate that applications for expunction must be supported by documentation from the Florida Department of Law Enforcement stating that the arrest was contrary to law or by mistake. Similar to HB 193. Sen. Tony Hill (D-Jacksonville) S. Criminal Justice Committee: Reported favorably. Now in S. Judiciary Committee.

CS/HB 619 Sale or Lease of Public Hospitals:

Stipulates that the sale or lease of a public hospital is subject to approval by a circuit court. Requires the hospital board to publish notice of the proposed transaction 120 days prior to the anticipated closing date in one or more newspapers of general circulation in the county where most of the hospital’s assets are located; such notice must include the names of the parties involved, the means by which persons may submit written comments regarding the proposed transaction, and the means by which copies of the board’s findings may be obtained. Also requires the board to make available a statement of findings and certain documents at the same time as the public notice, stipulating that the findings must include: the name and address of all parties to the transaction; the location of the hospital; a description of the terms of all proposed agreements; a copy of the proposed sale or lease agreement; the estimated total value of the transaction and the acquisition price; valuations of the hospital’s assets; financial or economic analyses; a fairness evaluation by an independent expert; and copies of all other proposals and bids received by the board. Anyone who opposes the transaction must submit a detailed written notice to the board within 20 days of publication of the notice. Requires the governing board to file a petition for approval in a circuit court at least 30 days after publication of the notice; the circuit court must then issue an order requiring all interested parties to appear and show why the board’s petition should not be granted. Requires the clerk of court to publish notice of such hearings in one or more newspapers of general circulation at least once a week for two consecutive weeks, at least 20 days before the hearing date. Provides specific findings that must be made by the court in approving the proposed transaction. Similar to SB 1448. Rep. Ed Hooper (R-Clearwater)   H. Community & Military Affairs Subcommittee: Amended to clarify that public hospitals that have not received tax support are exempt from the approval requirements and reported favorably as a committee substitute. Now in H. Justice Appropriations Subcommittee.  

CS/HB 667 Exemption/Inspector General Reports:

Amends § 119.0713(2), F.S., to provide an exemption for investigative and audit reports of local government inspectors general, stipulating that such reports are subject to disclosure once the audit or investigation becomes final. Also creates an exemption for information received, produced, or derived as the result of an investigation conducted by a local government inspector general. Similar to SB 828. Rep. Jeff Clemens (R-Lake Worth) H. Community & Military Affairs Subcommittee: Now in H. State Affairs Committee.

HB 965 Florida Tax Credit Scholarship Program:

Amends the public record exemption in § 213.053, F.S., for information identifying contributors to the Florida Tax Credit Scholarship Program to allow access to the names and addresses of the 100 taxpayers with the greatest tax liabilities by eligible nonprofit scholarship-funding organizations. Also deletes limitation that such tax credits can’t exceed 75% taxes owed. Similar to SB 1388. Rep. Mike Horner (R-Kissimmee)   H. Finance and Tax Committee: Two technical amendments adopted; reported favorably as a committee substitute. Now in H State Affairs Committee.  

HB 1027 Exemption/Spouse Names:

Creates a public record exemption for the names of spouses and children of active or former law enforcement officers, correctional personnel, fire fighters, and specified employees of the Departments of Children and Families, Health, and Revenue. Similar to SB 766. Rep. Greg Steube (R-Sarasota)   H. Government Operations Subcommittee: Reported favorably. Now in H. State Affairs Committee.  

SB 1388 Florida Tax Credit Scholarship Program:

Amends the public record exemption in § 213.053, F.S., for information identifying contributors to the Florida Tax Credit Scholarship Program to allow access to the names and addresses of the 100 taxpayers with the greatest tax liabilities by eligible nonprofit scholarship-funding organizations. Also deletes limitation that such tax credits can’t exceed 75% taxes owed. Similar to HB 965. Sen. Anitere Flores (R-Miami)   S. Education Pre-K – 12 Committee: Two technical amendments adopted; reported favorably as a committee substitute. Now in S. Budget Committee.  

HB 1473 Exemption/Florida Health Choices Program:

Creates a public record exemption for personal identifying information of registrants, applicants, participants, and enrollees in the Florida Health Choices programs. Similar to SB 1456. Rep. Richard Corcoran (R-New Port Richey) H. Government Operations Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 1473 creates a public record exemption for (1) personal identifying information of enrollees or participants in the Florida Health Choices Program; (2) client and customer lists of a buyer’s representative; and (3) proprietary confidential business information held by Florida Health Choices, Inc. Provides definitions. Now in H. Health & Human Services Committee.

CS/SB 1970 Exemption/OPPAGA:

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Similar to HB 7099. Sen. John Thrasher (R-Jacksonville)   Senate: Passed the Senate. Now in H. Messages.  

SB 2056 OGSR/Ethics Commission:

Reenacts without modification § 112.3215(8), F.S., providing exemptions for records and meetings related to audits and investigations conducted by the Commission on Ethics of alleged violations of certain lobbyist registration and reporting requirements. S. Subcommittee on Ethics and Elections S. Ethics & Elections Committee: Reported favorably. Now in S. Rules Committee.

HB 7085 OGSR/Court Monitors:

Reenacts with minor modification § 744.1076, F.S., providing an exemption for court orders appointing court monitors or emergency court monitors. Also exempts reports of monitors and emergency monitors relating to the medical condition, financial affairs, or mental health of wards. Similar to SB 568. H. Government Operations Subcommittee H. State Affairs Committee: Reported favorably. Now on H. Calendar.

HB 7099 Exemption/OPPAGA:

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Similar to SB 1970. H. Governmental Operations Subcommittee   H. State Affairs Committee: Reported favorably. Now on H. Calendar.  

NEW BILLS FILED

HB 7159 OGSR/Ethics Commission:

Reenacts without modification § 112.3215(8), F.S., providing exemptions for records and meetings related to audits and investigations conducted by the Commission on Ethics of alleged violations of certain lobbyist registration and reporting requirements. Similar to SB 2056. H. Government Operations Subcommittee H. State Affairs Committee: Reported favorably. Now on H. Calendar.

HB 7161 OGSR/Concealed Weapon Permits:

Reenacts with minor technical changes § 790.0601, F.S., providing a public record exemption for personal identifying information of individuals who have applied for concealed weapon permits. Similar to SB 604. H. Government Operations Subcommittee   H. State Affairs Committee: Reported favorably. Now on H. Calendar.  

HB 7171 Exemption Repeal/Military Base Realignment Closures:

Repeals § 288.982, F.S., providing exemptions for various records and meetings relating to the US Department of Defense Base Realignment and Closure 2005 process. . Economic Development and Tourism Subcommittee H. Economic Affairs Committee: Reported favorably. Now on H. Calendar.

Week Ending March 25, 2011

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 2011 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 25

CS/SB 170 Electronic Filing & Receipt of Court Records:

Requires each state attorney and public defender to implement a system that allows for the electronic filing and receipt of court records. Similar to HB 443. Sen. Mike Bennett (R-Bradenton) WATCH S. Budget Committee: Reported favorably. Now on S. Calendar.

CS/SB 314 Exemption/Dental Workforce Surveys:

Creates a public record exemption for information contained in dental workforce surveys submitted by dentists and dental hygienists to the Department of Health as a condition for license renewal. Similar to HB 485. Sen. Garrett Richter (R-Naples) S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Budget Committee.

HB 409 Exemption/Video Voyeurism:

Expands § 119.071(2)(h)1.c., F.S., providing a public record exemption for photographs, videotapes, or images of any part of the body of victims of certain, specified sexual offenses to include victims of video voyeurism. Similar to SB 1168. Rep. Keith Perry (R-Ocala) H. Governmental Operations Subcommittee: One technical amendment adopted; reported favorably as a committee substitute. Now in H. Criminal Justice Subcommittee.

SB 420 OGSR/Florida Center for Brain Tumor Research:

Expands § 381.8531, F.S., providing an exemption for medical records held by the Center, to now exempt personal identifying information of donors to the central repository for brain tumor biopsies or the brain tumor registry. S. Health Regulation Committee S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

HB 443 Electronic Filing & Receipt of Court Records:

Requires each state attorney and public defender to implement a system that allows for the electronic filing and receipt of court records. Similar to SB 170. Rep. Jim Boyd (R-Bradenton) H. Criminal Justice Subcommittee: A strike-all amendment making minor changes is adopted; reported favorably as a committee substitute. Now in H. Justice Appropriations Subcommittee.

HB 485 Exemption/Dental Workforce Surveys:

Creates a public record exemption for information contained in dental workforce surveys submitted by dentists and dental hygienists to the Department of Health as a condition for license renewal. Similar to SB 314. Rep. Jimmy Patronis (R-Panama City) H. Governmental Operations Subcommittee:Reported favorably. Now in H. Health & Human Services Quality Subcommittee.

SB 568 OGSR/Court Monitors:

Reenacts with minor modification § 744.1076, F.S., providing an exemption for court orders appointing court monitors or emergency court monitors. Also exempts reports of monitors and emergency monitors relating to the medical condition, financial affairs, or mental health of wards. S. Judiciary Committee S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

SB 570 OGSR/Interference with Custody:

Reenacts without modification § 787.03(6)(c), F.S., providing a public record exemption for the current address and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody. S. Judiciary Committee S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

SB 572 OGSR/Statewide Public Guardianship Office:

Reenacts without modification s 744.7082, F.S., providing an exemption for information identifying donors or potential donors to the direct support organization of the Statewide Public Guardianship Office. S. Judiciary Committee S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, provides an exemption for personal identifying information of donors or potential donors to the direct support organization of the Statewide Public Guardianship Office. Now in S. Rules Committee.

HB 579 Exemption/Regional Autism Centers:

Creates a public record exemption for all records relating to clients of regional autism centers, the client’s family, or a teacher or other professional receiving center services or participating in center activities. Similar to SB 1192. Rep. Marti Coley (R-Mariana) H. Governmental Operations Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 579 creates a public record exemption for clients of regional autism centers who receive center services or participate in center activities. Also exempts all records relating to the client’s family. Finally, creates an exemption for personal identifying information of donors or prospective donors to a regional autism center who desire anonymity. Now in H. K-20 Innovation Subcommittee.

HB 597 Exemption/Emergency Notification System:

Creates a public record exemption for information, including names, addresses, telephone numbers, e-mail addresses, and other electronic communication addresses, furnished to an agency for the purpose of emergency notification by the agency. Similar to SB 874. Rep. Dwayne Taylor (D-Daytona Beach) H. Governmental Operations Subcommittee: Reported favorably. Now in H. State Administration Committee.

SB 600 OGSR/Home Addresses — DJJ Employees:

Reenacts with some modification § 119.071(4)(d)1.i, F.S., providing a public record exemption for the home address, etc., of certain employees and their family members of the Department of Juvenile Justice. Amended to stipulate that such information will be exempt only if the employee provides a written statement that reasonable efforts have been made to protect the information from being accessible through other publicly-available means. S. Criminal Justice Committee S. Governmental Oversight & Accountability Committee: A strike-all amendment is adopted which deletes the requirement for the written statement. Now in S. Rules Committee.  

SB 602 OGSR/Biometric Identification Information:

Reenacts without modification § 119.071(5)(g), F.S., providing a public record exemption for biometric information held by an agency, including friction ridge detail, fingerprints, palm prints, and footprints. S. Criminal Justice Committee S. Governmental Oversight & Accountability Committee: Reported favorably. Now in S. Rules Committee.

HB 619 Sale or Lease of Public Hospitals:

Stipulates that the sale or lease of a public hospital is subject to approval by the Attorney General. Requires the boards of such hospitals to make certain findings and to submit a written request for approval to the attorney general within 120 days before the anticipated closing date. Stipulates that the approval include: the name and address of all parties to the transaction; the location of the hospital; a description of the terms of all proposed agreements; a copy of the proposed sale or lease agreement; the estimated total value of the transaction and the acquisition price; valuations of the hospital’s assets; financial or economic analyses; a fairness evaluation by an independent expert; and copies of all other proposals and bids received by the board. Similar to SB 1448. Rep. Ed Hooper (R-Clearwater)   H. Health & Human Services Quality Subcommittee: A strike-all amendment is adopted; reported favorably (10/3) as a committee substitute. As amended, CS/HB 619 stipulates that the sale or lease of a public hospital is subject to approval by a circuit court. Requires the hospital board to publish notice of the proposed transaction 120 days prior to the anticipated closing date in one or more newspapers of general circulation in the county where most of the hospital’s assets are located; such notice must include the names of the parties involved, the means by which persons may submit written comments regarding the proposed transaction, and the means by which copies of the board’s findings may be obtained. Also requires the board to make available a statement of findings and certain documents at the same time as the public notice, stipulating that the findings must include: the name and address of all parties to the transaction; the location of the hospital; a description of the terms of all proposed agreements; a copy of the proposed sale or lease agreement; the estimated total value of the transaction and the acquisition price; valuations of the hospital’s assets; financial or economic analyses; a fairness evaluation by an independent expert; and copies of all other proposals and bids received by the board. Anyone who opposes the transaction must submit a detailed written notice to the board within 20 days of publication of the notice. Requires the governing board to file a petition for approval in a circuit court at least 30 days after publication of the notice; the circuit court must then issue an order requiring all interested parties to appear and show why the board’s petition should not be granted. Requires the clerk of court to publish notice of such hearings in one or more newspapers of general circulation at least once a week for two consecutive weeks, at least 20 days before the hearing date. Provides specific findings that must be made by the court in approving the proposed transaction. Now in H. Community & Military Affairs Subcommittee.

HB 667 Exemption/Inspector General Reports:

Amends § 119.0713(2), F.S., to provide an exemption for investigative and audit reports of local government inspectors general, stipulating that such reports are subject to disclosure once the audit or investigation becomes final. Also creates an exemption for information received, produced, or derived as the result of an investigation conducted by a local government inspector general. Similar to SB 828. Rep. Jeff Clemens (R-Lake Worth) H. Governmental Operations Subcommittee: A strike-all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in H. Community & Military Affairs Subcommittee.

HB 677 Exemption/Office of Financial Regulation:

Creates a public record exemption for information made available to OFR by a state or federal regulatory, administrative, or criminal justice agency that is provided to OFR only on a confidential or similarly restricted basis or is developed as part of a joint or multi-agency investigation or examination. Similar to SB 1328. Rep. Ray Pilon (R-Sarasota) H. Governmental Operations Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 677 creates a public record exemption for information received by OFR from another state or federal regulatory, administrative, or criminal justice agency that is confidential or exempt pursuant to state or federal law. Also creates an exemption for information received or developed by OFR as part of a joint or multi-agency examination or investigation, stipulating the exemption does not apply to information obtained or developed by OFR that is would otherwise be subject to disclosure if OFR had conducted an independent investigation or examination. Now in H. Insurance & Banking Subcommittee.

SB 828 Exemption/Inspector General Reports:

Amends § 119.0713(2), F.S., to provide an exemption for investigative and audit reports of local government inspectors general, stipulating that such reports are subject to disclosure once the audit or investigation becomes final. Also creates an exemption for information received, produced, or derived as the result of an investigation conducted by a local government inspector general. Similar to HB 667. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale) S. Community Affairs Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in S. Judiciary Committee.

HB 913 Exemption/Public Airports – Proprietary Business Information:

Creates a public record exemption for proprietary confidential business information submitted to or held by a public airport. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until ten days after the proposal or counterproposal is approved by the airport’s governing body. Similar to SB 994. Rep. Mike Horner (R-Kissimmee)   H. Governmental Operations Subcommittee: A strike-all amendment is adopted; reported favorably as a committee substitute. As amended, CS/HB 913 creates a public record exemption for proprietary confidential business information submitted to or held by a public airport. Defines “proprietary confidential business information to include: (1) business plans; (2) internal auditing controls and reports of internal auditors; (3) reports of external auditors for privately held companies; (4) trade secrets; (5) client and customer lists; (6) potentially patentable material; (7) business transactions; (8) financial information of the proprietor; and (9) financial projections of the proprietor or airport facilities projects for which the information is provided. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until ten days after the proposal or counterproposal is approved by the airport’s governing body. Now in H. Transportation & Highway Safety Subcommittee.

SB 1328 Exemption/Office of Financial Regulation:

Creates a public record exemption for information made available to OFR by a state or federal regulatory, administrative, or criminal justice agency that is provided to OFR only on a confidential or similarly restricted basis or is developed as part of a joint or multi-agency investigation or examination. Similar to HB 677. Sen. Alan Hays (R-The Villages)   S. Banking & Insurance Committee: Reported favorably. Now in S. Criminal Justice Committee.

SB 1448 Sale or Lease of Public Hospitals:

Stipulates that the sale or lease of a public hospital is subject to approval by the Attorney General. Requires the boards of such hospitals to make certain findings and to submit a written request for approval to the attorney general within 120 days before the anticipated closing date. Stipulates that the approval include: the name and address of all parties to the transaction; the location of the hospital; a description of the terms of all proposed agreements; a copy of the proposed sale or lease agreement; the estimated total value of the transaction and the acquisition price; valuations of the hospital’s assets; financial or economic analyses; a fairness evaluation by an independent expert; and copies of all other proposals and bids received by the board. Similar to HB 619. Sen. Rene Garcia (R-Hialeah)   S. Health Regulation Committee: Reported favorably. Now in S. Community Affairs Committee.

SB 1456 Exemption/Florida Health Choices Program:

Creates a public record exemption for personal identifying information of applicants, enrollees, or participants in the Florida health Choices Program. Similar to HB 1473. Sen. Rudy Garcia (R-Hialeah) S. Health Regulation Committee: Reported favorably. Now in S. Children, Families & Elder Affairs Committee.

NEW BILLS FILED

HB 931 Sale or Lease of a Public Hospital:

Requires the Legislature to approve the sale or lease of a public hospital to a non-profit organization. Similar to SB 2024. Rep. Gwyn Clarke-Reed (D-Pompano Beach)

HB 1297 Criminal History Records/Juveniles:

Allows for automatic sealing of juvenile criminal history records of any juvenile offense once the juvenile has completed all sentences. Provides exceptions. Similar to SB 1534. Rep. Perry Thurston (D-Ft. Lauderdale)

SB 2024 Sale or Lease of a Public Hospital:

Similar to HB 931. Sen. Oscar Braynon II (D-District 33)

SB 2056 OGSR/Ethics Commission:

Reenacts without modification § 112.3215(8), F.S., providing exemptions for records and meetings related to audits and investigations conducted by the Commission on Ethics of alleged violations of certain lobbyist registration and reporting requirements. S. Subcommittee on Ethics and Elections

HB 7037 Judicial Qualifications Commission:

Proposes an amendment to Article V, section 12, of the Florida Constitution, to stipulate that all records and materials relating to complaints against justices or judges held by the Judicial Qualifications Commission are subject to inspection and copying by the public. Also requires the Commission to notify the House Speaker of: all complaints received or initiated by the Commission; all investigations conducted by the Commission; and all complaints dismissed, settled, or otherwise concluded. Similar to SJR 1704. H. Civil Justice Subcommittee  

HB 7099 Exemption/OPPAGA:

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Similar to SB 1970. H. Governmental Operations Subcommittee  

Week Ending March 18, 2011

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 2011 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 18, 2011

HB 65 Meetings — Municipal Government

Amends § 166.0213, F.S., to allow the governing body of a city with less than 500 residents to hold meetings within five miles of the exterior boundaries of the city as prescribed by ordinance or resolution. Similar to SB 298. Sen. John Wood (R-Haines City)H. Economic Affairs Committee: Reported favorably. Now on H. Calendar.

CS/SB 170 Electronic Filing & Receipt of Court Records

Requires each state attorney and public defender to implement a system that allows for the electronic filing and receipt of court records. Similar to HB 443. Sen. Mike Bennett (R-Bradenton) WATCHBudget Subcommittee on Criminal and Civil Justice Appropriations: CS for CS passed unanimously. Clarifies that state attorneys and public defenders can use local e-portals to electronically file documents with the clerk of court if the specific case type is not yet approved for the statewide Florida Courts E-Portal and provides for an effective date of July 1, 2011. Now in Budget Committee.

CS/SB 298 Meetings — Municipal Government

Amends § 166.0213, F.S., to allow the governing body of a city with less than 500 residents to hold meetings within five miles of the exterior boundaries of the city as prescribed by ordinance or resolution. Similar to HB 65. Sen. J.D. Alexander (R-Lake Wales)Senate: Passed unanimously. Now on H. Calendar.

HB 951 Recording of Real Property Documents

In pertinent part, stipulates that a document that is otherwise entitled to be recorded and which has been accepted for recording by the clerk of court is valid even if the document is defective or deviates from strict compliance with applicable statutes, rules, or procedures. Rep. Ben Albritton (R-Bartow)  H. Civil Justice Subcommittee: Reported favorably. Now in H. Judiciary Committee.

SB 994 Exemption/Public Airports — Proprietary Business Information

Creates a public record exemption for proprietary confidential business information submitted to or held by a public airport. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until ten days after the proposal or counterproposal is approved by the airport’s governing body. Similar to HB 913. Sen. Jack Latvala (R-St. Petersburg)S. Community Affairs Committee: Reported favorably with one amendment. As amended, creates a public record exemption for proprietary confidential information submitted to or held by a public airport, if (1) the information is intended to be and is treated as private by the proprietor submitting the information; (2) the disclosure of such information would harm the business interests of the proprietor; and (3) the information has not been intentionally disclosed by the proprietor. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until ten days after the proposal or counterproposal is approved by the airport’s governing body. Now in § Governmental Oversight and Accountability Committee.

SB 1192 Exemption/Regional Autism Centers

Creates a public record exemption for all records relating to clients of regional autism centers, the client’s family, or a teacher or other professional receiving center services or participating in center activities. Similar to HB 579. Sen. Nan Rich (D-Sunrise)  S. Children and Families Committee: Reported favorably. Now in S. Health Regulation Committee.

NEW BILLS FILED

HB 1473 Exemption/Florida Health Choices Program

Creates a public record exemption for personal identifying information of registrants, applicants, participants, and enrollees in the Florida Health Choices programs. Similar to SB 1456. Rep. Richard Corcoran (R-New Port Richey)

HB 7075 OGSR/Home Addresses — DJJ Employees

Reenacts with minor modification § 119.071(4)(d)1.i, F.S., providing a public record exemption for the home address, etc., of certain employees and their family members of the Department of Juvenile Justice. Similar to SB 600. H. Government Operations Subcommittee  H. Governmental Operations Subcommittee: Reported favorably. Now on H. Calendar.

HB 7077 OGSR/Biometric Identification Information

Reenacts without modification § 119.071(5)(g), F.S., providing a public record exemption for biometric information held by an agency, including friction ridge detail, fingerprints, palm prints, and footprints. Similar to SB 602. H. Government Operations SubcommitteeH. Governmental Operations Subcommittee: Reported favorably. Now on H. Calendar.

HB 7079 OGSR/Florida Center for Brain Tumor Research

Expands § 381.8531, F.S., providing an exemption for medical records held by the Center, to now exempt personal identifying information of donors to the central repository for brain tumor biopsies or the brain tumor registry. Similar to SB 420. H. Government Operations SubcommitteeH. Governmental Operations Subcommittee: Reported favorably. Now on H. Calendar.

HB 7081 OGSR/Statewide Public Guardianship Office

Reenacts with minor modification § 744.7082, F.S., providing an exemption for information identifying donors or potential donors to the direct support organization of the Statewide Public Guardianship Office. Similar to SB 572. H. Government Operations SubcommitteeH. Governmental Operations Subcommittee: Reported favorably. Now on H. Calendar.

HB 7083 OGSR/Interference with Custody

Reenacts without modification § 787.03(6)(c), F.S., providing a public record exemption for the current address and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody. Similar to SB 570. H. Government Operations SubcommitteeH. Governmental Operations Subcommittee: Reported favorably. Now on H. Calendar.

HB 7085 OGSR/Court Monitors

Reenacts with minor modification § 744.1076, F.S., providing an exemption for court orders appointing court monitors or emergency court monitors. Also exempts reports of monitors and emergency monitors relating to the medical condition, financial affairs, or mental health of wards. Similar to SB 568. H. Government Operations Subcommittee

Week Ending March 11, 2011

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 2011 Legislature will be reviewing all exemptions created in 2005. Those bills will be included in our legislative reports and are designated “OGSR”.

PERIOD ENDING MARCH 11, 2011

HB 65 Meetings — Municipal Government:

Amends §166.0213, F.S., to allow the governing body of a city with less than 500 residents to hold meetings within five miles of the exterior boundaries of the city as prescribed by ordinance or resolution. Similar to SB 298. Sen. John Wood (R-Haines City)H. Government Operations Subcommittee: Reported favorably. Now in H. Economic Affairs Committee.

SB 106 Exemption/Donors — Performing Arts Centers:

Creates a public record exemption for information identifying donors or prospective donors to a publicly-owned performing arts center who desire anonymity. Also creates an exemption for identifying information of donors or prospective donors to the direct support organization of the Research Center and Museum at the Historic Capitol if anonymity is requested. Similar to HB 121. Sen. Jeremy Ring (D-Margate)S. Commerce and Tourism Committee: Reported favorably (8/1; Dockery voting no) with one minor amendment. Now in S. Governmental Oversight and Accountability Committee.

SB 600 OGSR/Home Addresses — DJJ Employees:

Reenacts with some modification §119.071(4)(d)1.i, F.S., providing a public record exemption for the home address, etc., of certain employees and their family members of the Department of Juvenile Justice. Amended to stipulate that such information will be exempt only if the employee provides a written statement that reasonable efforts have been made to protect the information from being accessible through other publicly-available means. S. Criminal Justice CommitteeS. Criminal Justice Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

SB 602 OGSR/Biometric Identification Information:

Reenacts without modification §119.071(5)(g), F.S., providing a public record exemption for biometric information held by an agency, including friction ridge detail, fingerprints, palm prints, and footprints. S. Criminal Justice CommitteeS. Criminal Justice Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

SB 604 OGSR/Concealed Weapon Permits:

Reenacts with minor technical changes §790.0601, F.S., providing a public record exemption for personal identifying information of individuals who have applied for concealed weapon permits. S. Criminal Justice Committee  S. Criminal Justice Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

SB 874 Exemption/Emergency Notification System:

Creates a public record exemption for information, including names, addresses, telephone numbers, e-mail addresses, and other electronic communication addresses, furnished to an agency for the purpose of emergency notification by the agency. Similar to HB 597. Sen. Alan Hays (R-Umatilla)S. Community Affairs Committee: Reported favorably, 8/1 (Dockery voting no). Now in S. Governmental Oversight and Accountability Committee.

NEW BILLS FILED

HB 619 Sale or Lease of Public Hospitals:

Stipulates that the sale or lease of a public hospital is subject to approval by the Attorney General. Requires the boards of such hospitals to make certain findings and to submit a written request for approval to the attorney general within 120 days before the anticipated closing date. Stipulates that the approval include: the name and address of all parties to the transaction; the location of the hospital; a description of the terms of all proposed agreements; a copy of the proposed sale or lease agreement; the estimated total value of the transaction and the acquisition price; valuations of the hospital’s assets; financial or economic analyses; a fairness evaluation by an independent expert; and copies of all other proposals and bids received by the board. Similar to SB 1448. Rep. Ed Hooper (R-Clearwater)  

HB 1169 Exemption/Insurance Records:

Creates a public record exemption for the notice of a proposed divestiture in a domestic insurer provided to the Commissioner of Insurance by a controlling person of a domestic insurer, stipulating that the notice is subject to disclosure at the conclusion of the transaction unless the commissioner determines that such disclosure will interfere with the enforcement §628.461, F.S. Also exempts the identity of a lender pursuant to a merger or other acquisition of control of a domestic stock insurer when the source of the consideration for the loan is made in the lender’s ordinary course of business. Similar to SB 1800. Rep. Evan Jenne (D-Ft. Lauderdale)  

HB 1299 Exemption/Juvenile Offenders:

Amends §985.04, F.S., to create a public record exemption for the name, photograph, address, and crime or arrest report for juvenile offenders who have been taken into custody by a law enforcement officer for a felony violation or have committed three or more misdemeanor violations. Rep. Perry Thurston (D-Ft. Lauderdale)  

HB 1325 Exemption/Pawnbroker Transaction Records:

Creates a public record exemption for all information contained in the statewide central database of pawnbroker and secondhand dealer transactions, stipulating that such information can be used only for official law enforcement purposes. Rep. Darryl Rouson (D-St. Petersburg)  

HB 1383 Exemption/Technology Seed Capital Fund:

Expands the exemptions in §288.9626, F.S., to include exemptions for certain records and meetings of the Institute for the Commercialization of Public Research relating to the Technology Seed Capital Fund. As amended, creates a public record exemption for the following records held by the Technology Seed Capital Fund: (1) materials that relate to methods of manufacture or production, potential trade secrets, or patentable material received, generated, ascertained, or discovered through research; (2) information identifying investors or potential investors in projects review by the Fund if those investors desire anonymity; (3) information that is otherwise exempt under state or federal law; and (4) proprietary confidential business information regarding alternative investments for 10 years after the termination of the investment. Also creates a meeting exemption for those portions of a meeting of the Fund board at which exempt information is discussed, and requires that a transcript and minutes of the exempt portions of the meeting be made. Finally, creates a public record exemption for the meeting transcripts and minutes. Similar to SB 1984. Rep. Jason Brodeur (R-Sanford)  

HB 1419 Exemption/Destination Resort Commission:

Creates a public record exemption for (1) proprietary confidential business information; (2) trade secrets; and (3) federal employer identification numbers, unemployment compensation numbers, or Florida sales tax registration numbers held by the Destination Resort Commission. Also creates a public record exemption for information that would reveal examination techniques or procedures used by the Commission pursuant to the Destination Resort Act. Similar to SB 1712. Rep. Erik Fresen (R-Miami)  

HB 1435 Prohibition on Publication of 911 Tapes:

Makes it a second degree misdemeanor to publish or broadcast a 911 call made by a minor. Allows publication or broadcast of a 911 call made by an adult but only if the voices of all persons recorded are obscured or masked so as to render the persons recorded unidentifiable. Similar to SB 1310. Rep. Elizabeth Porter (R-Lake City)  

SB 1448 Sale or Lease of Public Hospitals:

Similar to HB 619. Sen. Rene Garcia (R-Hialeah)  

SB 1606 Exemption/Title Insurance:

Requires licensed title insurance agents and insurers doing direct, retail or affiliated business in Florida to maintain revenue, loss, and expense data, and to annually submit such data to the Department of Financial Services to assist in the analysis of title insurance premium rates, title search costs, and the financial viability of the title insurance industry in Florida. Creates a public record exemption for financial information supplied by each title insurance agency or insurer. Also exempts the identity of an agency or insurer in reports disclosed to the public. Sen. Thad Altman (R-Melbourne)  

SJR 1704 Judicial Qualifications Commission:

Proposes an amendment to Article V, section 12, of the Florida Constitution, to stipulate that all records and materials relating to complaints against justices or judges held by the Judicial Qualifications Commission are subject to inspection and copying by the public. Also requires the Commission to notify the House Speaker of: all complaints received or initiated by the Commission; all investigations conducted by the Commission; and all complaints dismissed, settled, or otherwise concluded. Sen. Alan Hays (R-Umatilla)  

SB 1712 Exemption/Destination Resort Commission:

Similar to HB 1419. Sen. Dennis Jones (R-Seminole)  

SB 1800 Exemption/Insurance Records:

Similar to HB 1169. Sen. Jeremy Ring (D-Margate)  

SB 1834 Expunction of Criminal History Records:

Allows a candidate for admission to the Florida Bar to lawfully deny or fail to acknowledge criminal history records that have been expunged. Similar to HB 4091. Sen. Miguel Diaz de la Portilla (R-Miami)

SB 1984 Exemption/Technology Seed Capital Fund:

Similar to HB 1383. Sen. Thad Altman (R-Melbourne)  

SB 1858 Exemption/Abortion Records:

Creates a public record exemption for criminal intelligence information, and information contained in annual reports required by the Pain-Capable Unborn Child Protection Act. Also creates an exemption for information from a civil proceeding or action under the Act, including photographs; names; social security numbers; financial account numbers; home or employment addresses; home, employment, and cell phone numbers; or any other facts which would reveal the identity of women who underwent an abortion. Also amends §119.0714(1)(h), F.S., to such information when contained in court records. Finally, requires automatic redaction of such information by clerks of court and the Department of Health. Sen. Ronda Storms (R-Brandon)  

SB 1876 Expunction of Traffic Violation Records:

Allows expunction of certain specified traffic violation records. Sen. Maria Lorts Sachs (D-Delray)

SB 1970 Exemption/OPPAGA:

Creates a public record exemption for work papers held by the Office of Program Policy Analysis and Government Accountability which relate to an authorized project or a research product. Sen. John Thrasher (R-Jacksonville)  S. Governmental Oversight and Accountability Committee: Reported Favorably.

HB 4091 Expunction of Criminal History Records:

Similar to SB 1834. Rep. Daphne Campbell (D-Miami Shores)

2011 Legislative Review: Pre-Session Report

2011 LEGISLATIVE REVIEW: PRE-SESSION REPORT

The following is a list of the bills, grouped by general category, we will be tracking throughout the 2011 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 2011 Legislature will be reviewing all exemptions created in 2005. Those bills will be included in our legislative reports and are designated “OGSR”.

PUBLIC RECORDS and OPEN MEETINGS

HB 31 Office of Chief Technology Officer:

In pertinent part, creates the Office of the Chief Technology Officer within the Department of Financial Services. Similar to SB 102. Rep. Marlene O’Toole (R-The Villages)  

HB 65 Meetings – Municipal Government:

Amends § 166.0213, F.S., to allow the governing body of a city with less than 500 residents to hold meetings within five miles of the exterior boundaries of the city as prescribed by ordinance or resolution. Similar to SB 298. Sen. John Wood (R-Haines City)H. Community and Military Affairs Subcommittee: Reported favorably (11/1). Now in H. Government Operations Subcommittee.

HB 89 Public Notices:

In pertinent part, allows local governments to post legally required notices and advertisements on publicly available websites. Similar to SB 914. Rep. Ritch Workman (R-Melbourne)  

SB 102 Office of Chief Technology Officer:

Similar to HB 31. Sen. Jeremy Ring (D-Margate)  

SB 106 Exemption/Donors – Performing Arts Centers:

Creates a public record exemption for information identifying donors or prospective donors to a publicly-owned performing arts center who desire anonymity. Also creates an exemption for identifying information of donors or prospective donors to the direct support organization of the Research Center and Museum at the Historic Capitol if anonymity is requested. Similar to HB 121. Sen. Jeremy Ring (D-Margate)S. Community Affairs Committee: Reported favorably (8-1; Sen. Dockery voting no). Now in S. Commerce and Tourism.

HB 121 Exemption/Donors – Performing Arts Centers:

Similar to SB 106. Rep. Perry Thurston (D-Ft. Lauderdale)

SB 134 Sealing Criminal History Records:

Allows a court to seal criminal history records of persons who have had a prior criminal history record expunged under certain, specified circumstances. Sen. Arthenia Joyner (D-Tampa)

CS/SB 170 Electronic Filing & Receipt of Court Records:

Requires each state attorney and public defender to implement a system that allows for the electronic filing and receipt of court records. Similar to HB 443. Sen. Mike Bennett (R-Bradenton)  S. Judiciary Committee: A strike all amendment making minor technical changes is adopted; reported favorably as a committee substitute. Now in S. Budget.

HB 193 Administrative Expunction of Arrest Records:

Amends § 943.0581(3), F.S., providing for the administration expunction of arrest records to stipulate that applications for expunction must be supported by documentation from the Florida Department of Law Enforcement stating that the arrest was contrary to law or by mistake. Similar to SB 458. Rep. Betty Reed (D-Tampa)

HB 285 Public’s Right to Speak:

Amends § 286.011, F.S., to stipulate that meetings of government agencies subject to the Sunshine Law include an opportunity for members of the public to be heard before or during consideration of any agenda item on which an official act will be taken. Allows such agencies to adopt reasonable rules or polices ensuring the orderly conduct of public meetings. Provides exceptions. Similar to SB 310. Rep. Eric Eisnaugle (R-Orlando)  

SB 298 Meetings – Municipal Government:

Similar to HB 65. Sen. J.D. Alexander (R-Lake Wales)S. Community Affairs Committee: Reported favorably.S. General Government Appropriations Subcommittee: Reported favorably. Now in S. Budget Committee.

SB 310 Public’s Right to Speak:

Similar to HB 285. Sen. Joe Negron (R-Palm City)  

CS/SB 314 Exemption/Dental Workforce Surveys:

Creates a public record exemption for information contained in dental workforce surveys submitted by dentists and dental hygienists to the Department of Health as a condition for license renewal. Similar to HB 485. Sen. Garrett Richter (R-Naples)S. Health Regulation Committee: A minor amendment is adopted; reported favorably as a committee substitute. Now in S. Governmental Oversight and Accountability.

HB 409 Exemption/Video Voyeurism:

Expands § 119.071(2)(h)1.c., F.S., providing a public record exemption for photographs, videotapes, or images of any part of the body of victims of certain, specified sexual offenses to include victims of video voyeurism. Similar to SB 1168. Rep. Keith Perry (R-Ocala)

HB 411 Exemption/Photographs Depicting Killing of a Person:

Creates a public record exemption for photographs, videos, or audio recordings depicting or recording the “killing of a person,” defined as “all acts or events that cause or otherwise relate to the death of any human being, including any related acts or events immediately preceding or subsequent to the acts or events that were the proximate cause of death.” Allows access by court order and a showing of good cause. Similar to SB 416. Rep. Rachel Burgin (R-Tampa)  

SB 416 Exemption/Photographs Depicting Killing of a Person:

Similar to HB 411. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale)

SB 420 OGSR/Florida Center for Brain Tumor Research:

Expands § 381.8531, F.S., providing an exemption for medical records held by the Center, to now exempt personal identifying information of donors to the central repository for brain tumor biopsies or the brain tumor registry. S. Health Regulation CommitteeS. Health Regulation Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

HB 443 Electronic Filing & Receipt of Court Records:

Similar to SB 170.

SB 458 Administrative Expunction of Arrest Records:

Similar to HB 193. Sen. Tony Hill (D-Jacksonville)

HB 485 Exemption/Dental Workforce Surveys:

Similar to SB 314. Rep. Jimmy Patronis (R-Panama City)

SB 568 OGSR/Court Monitors:

Reenacts with minor modification § 744.1076, F.S., providing an exemption for court orders appointing court monitors or emergency court monitors. Also exempts reports of monitors and emergency monitors relating to the medical condition, financial affairs, or mental health of wards. S. Judiciary CommitteeS. Judiciary Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

SB 570 OGSR/Interference with Custody:

Reenacts without modification § 787.03(6)(c), F.S., providing a public record exemption for the current address and telephone number of a person who takes a minor child and reports such to the sheriff or state attorney under the exception to the offense of interference with custody. S. Judiciary CommitteeS. Judiciary Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

SB 572 OGSR/Statewide Public Guardianship Office:

Reenacts without modification s 744.7082, F.S., providing an exemption for information identifying donors or potential donors to the direct support organization of the Statewide Public Guardianship Office. S. Judiciary CommitteeS. Judiciary Committee: Reported favorably. Now in S. Governmental Oversight and Accountability Committee.

HB 579 Exemption/Regional Autism Centers:

Creates a public record exemption for all records relating to clients of regional autism centers, the client’s family, or a teacher or other professional receiving center services or participating in center activities. Similar to SB 1192. Rep. Marti Coley (R-Mariana)  

HB 597 Exemption/Emergency Notification System:

Creates a public record exemption for information, including names, addresses, telephone numbers, e-mail addresses, and other electronic communication addresses, furnished to an agency for the purpose of emergency notification by the agency. Similar to SB 874. Rep. Dwayne Taylor (D-Daytona Beach)

SB 600 OGSR/Home Addresses - DJJ Employees:

Reenacts with some modification § 119.071(4)(d)1.i, F.S., providing a public record exemption for the home address, etc., of certain employees and their family members of the Department of Juvenile Justice. Amended to stipulate that such information will be exempt only if the employee provides a written statement that reasonable efforts have been made to protect the information from being accessible through other publicly-available means. S. Criminal Justice Committee

SB 602 OGSR/Biometric Identification Information:

Reenacts without modification § 119.071(5)(g), F.S., providing a public record exemption for biometric information held by an agency, including friction ridge detail, fingerprints, palm prints, and footprints. S. Criminal Justice Committee

SB 604 OGSR/Concealed Weapon Permits:

Reenacts with minor technical changes § 790.0601, F.S., providing a public record exemption for personal identifying information of individuals who have applied for concealed weapon permits. S. Criminal Justice Committee  

HB 667 Exemption/Inspector General Reports:

Amends § 119.0713(2), F.S., to provide an exemption for investigative and audit reports of local government inspectors general, stipulating that such reports are subject to disclosure once the audit or investigation becomes final. Also creates an exemption for information received, produced, or derived as the result of an investigation conducted by a local government inspector general. Similar to SB 828. Rep. Jeff Clemens (R-Lake Worth)

HB 677 Exemption/Office of Financial Regulation:

Creates a public record exemption for information made available to OFR by a state or federal regulatory, administrative, or criminal justice agency that is provided to OFR only on a confidential or similarly restricted basis or is developed as part of a joint or multi-agency investigation or examination. Similar to SB 1328. Rep. Ray Pilon (R-Sarasota)  

SB 678 Local Long-Term Care Ombudsman Councils:

Repeals requirement that local ombudsman councils conduct onsite administrative assessments. Similar to HB 4065. Sen. Garrett Richter (R-Naples)  

SB 682 State Long-Term Care Ombudsman Program:

Repeals requirement that the State Long-term Care Ombudsman Program collect and analyze data relating to complaints and conditions in long-term care facilities residents for the purpose of identifying and resolving significant problems. Also repeals the requirement that quarterly reports of the number and types of complaints received by the Program be made. Similar to HB 4061. Sen. Garrett Richter (R-Naples)  

HB 727 Expunging Criminal History Records:

Allows for the automatic expunction of a criminal history record of persons not found guilty or not pleading nolo contendere if (1) an indictment wasn’t filed; (2) a filed indictment was dismissed; or (3) there was a not guilty judgment or acquittal. Similar to SB 1402. Rep. Perry Thurston (D-Ft. Lauderdale)

SB 766 Exemption/Spouse Names:

Creates a public record exemption for the names of spouses and children of active or former law enforcement officers, correctional personnel, fire fighters, and specified employees of the Departments of Children and Families, Health, and Revenue. Sen. Mike Fasano (R-New Port Richey)  

SB 828 Exemption/Inspector General Reports:

Similar to HB 667. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale)

SB 874 Exemption/Emergency Notification System:

Similar to HB 597. Sen. Alan Hays (R-Umatilla)

HB 913 Exemption/Public Airports – Proprietary Business Information:

Creates a public record exemption for proprietary confidential business information submitted to or held by a public airport. Also creates an exemption for proposals and counterproposals between a public airport and a non-governmental entity relating to the sale, use, development, or lease of airport land or airport facilities until ten days after the proposal or counterproposal is approved by the airport’s governing body. Similar to SB 994. Rep. Mike Horner (R-Kissimmee)  

SB 914 Public Notices:

Similar to HB 89. Sen. Mike Bennett (R-Bradenton)  

HB 951 Recording of Real Property Documents:

In pertinent part, stipulates that a document that is otherwise entitled to be recorded and which has been accepted for recording by the clerk of court is valid even if the document is defective or deviates from strict compliance with applicable statutes, rules, or procedures. Rep. Ben Albritton (R-Bartow)  

HB 965 Florida Tax Credit Scholarship Program:

Amends the public record exemption in § 213.053, F.S., for information identifying contributors to the Florida Tax Credit Scholarship Program to allow access to the names and addresses of the 100 taxpayers with the greatest tax liabilities by eligible nonprofit scholarship-funding organizations. Similar to SB 1388. Rep. Mike Horner (R-Kissimmee)  

SB 994 Exemption/Public Airports – Proprietary Business Information:

Similar to HB 913. Sen. Jack Latvala (R-St. Petersburg)

HB 1027 Exemption/Spouse Names:

Similar to SB 766. Rep. Greg Steube (R-Sarasota)  

HB 1065 Exemption/Litigation Meetings:

Significantly expands § 286.011(8), F.S., providing a limited exemption for agency meetings related to pending litigation. As amended, would allow any public employee or agent with relevant information needed by the agency attorney to attend the closed meeting and broadens the meetings topics of discussion to allow discussion of “advice related to matters regarding the litigation.” Similar to SB 1408. Rep. George Moraitis (R-Ft. Lauderdale)  

SB 1168 Exemption/Video Voyeurism:

Similar to HB 409. Sen. Steve Oelrich (R-Gainesville)

SB 1192 Exemption/Regional Autism Centers:

Similar to HB 579. Sen. Nan Rich (D-Sunrise)  

SB 1240 Exemption/Home Addresses – EMTs and Paramedics:

Creates a public record exemption for the home addresses, telephone numbers, and photographs of emergency medical technicians and paramedics, and the home addresses, telephone numbers, photographs, and places of employment of their spouses and children. Also exempts the names and locations of schools and day care centers attended by the children of such employees. Sen. Bill Montford (D-Tallahassee)

SB 1310 Emergency Telephone Calls:

Amends § 365.171(12), F.S., providing an exemption for information contained in a 911 tape that would identify the person requesting emergency services or reporting an emergency to stipulate that if an oral recording is requested, the recording must be digitally modified in order to protect such persons. Sen. Steve Oelrich (R-Gainesville)  

SB 1328 Exemption/Office of Financial Regulation:

Similar to HB 677. Sen. Alan Hays (R-The Villages)

SB 1388 Florida Tax Credit Scholarship Program:

Similar to HB 965. Sen. Anitere Flores (R-Miami)

SB 1402 Expunging Criminal History Records:

Similar to HB 727. Sen. Chris Smith (D-Oakland Park)

SB 1408 Exemption/Litigation Meetings:

Similar to HB 1065. Sen. Ellyn Bogdanoff (R-Ft. Lauderdale)  

SB 1456 Exemption/Florida Health Choices Program:

Creates a public record exemption for personal identifying information of applicants, enrollees, or participants in the Florida health Choices Program. Sen. Rudy Garcia (R-Hialeah)  

SB 1472 Exemption/Commission on Ethics:

Expands the exemption in § 112.324, F.S., for complaints and records relating to the complaint or to any preliminary investigation held by the Commission. As amended, creates a public record exemption for the Commission’s determination regarding information or referrals of alleged violations and a meetings exemption for proceedings related to such information or referrals. Stipulates that the information is subject to disclosure once the complaint is dismissed, the commission determines that it won’t investigate the complaint or referral, or probable cause is determined. Sen. Mike Fasano (R-New Port Richey)

SB 1534 Criminal History Records/Juveniles:

Allows for automatic sealing of juvenile criminal history records of any juvenile offense once the juvenile has completed all sentences. Provides exceptions. Sen. Chris Smith (D-Orlando)

HB 4005 Legislative Records:

Repeals various public record exemptions relating to legislative records, including exemptions for: legislatively produced bill drafts and requests for bill drafts; drafts of bill analyses and fiscal notes; drafts and requests for drafts of reapportionment or redistricting plans; and requests by members for ethics advisory opinions. Rep. Matt Gaetz (R-Shalimar)  

HB 4061 State Long-Term Care Ombudsman Program:

Similar to SB 682. Rep. Matt Hudson (R-Naples)

HB 4065 Local Long-Term Care Ombudsman Councils:

Similar to SB 678. Rep. Matt Hudson (R-Naples)

State Legislators Email

2013 STATE LEGISLATORS EMAIL ADDRESSES

The First Amendment Foundation tries to keep this information up-to-date but we have limited time and resources to constantly review this list for changes. You may want to check the websites of the Florida Senate and the Florida House of Representatives to determine who your state representatives are: www.leg.state.fl.us

STATE SENATORS

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