CS/HB 41 Expunction/Non-Judicial Arrest
Records: Allows for administrative expunction of
non-judicial arrest records of minors or adults who are mistakenly
arrested by a law enforcement agency at its own discretion, but
subject to rules prescribed by the Florida Department of Law
Enforcement. Stipulates
that an application for administrative expunction must include an
affidavit executed by the chief law enforcement officer verifying
that the record has been reviewed and the arrest was contrary to law
or a mistake. In
addition, the affidavit must include the date and time of the
arrest, the name of the arresting officer and the person arrested,
and the crime charged.
Similar to SB 1844.
Rep. Charles Dean (R-Inverness)
•
House:
Passed the House unanimously. Now in S.
Messages.
SB 358 Exemption/Court
Monitors:
Creates a public record exemption for a court order
appointing a court monitor and the reports of such monitors relating
to the medical condition, financial affairs, or mental health of a
ward. Also creates a
public record exemption for a court order appointing a court monitor
on an emergency basis, and the reports of such monitors. Stipulates that the
exemptions expire if a court makes a finding of probable cause. Finally, creates a public
record exemption for court determinations relating to a finding of
no probable cause, and court orders finding no probable cause. Stipulates that all such
records may be subject to inspection as determined by the
court. Similar to HB
193. Sen. Gwen Margolis
(D - Bay Harbor Island)
•
S. Governmental Oversight Committee: Reported favorably. Now in S.
Rules.
HB 1001 Exemption/Fingerprint ID
Information:
Creates a public record exemption for fingerprint
identification information held by an agency. Defines “fingerprint
identification information” as any record of “friction ridge detail,
including but not limited to, fingerprints, palm prints, and
footprints, in whatever form or medium recorded.” Similar to SB 2292. Rep. Sandy Adams (R-Oviedo)
•
H. Governmental Operations Committee: A strike all amendment is
adopted; reported favorably as a committee substitute. As amended, CS/HB 1001
creates a public record exemption for biometric identification
information held by an agency.
“Biometric identification information” is defined as any
record of friction ridge detail, fingerprints, palm prints, and
footprints. Applies
retroactively. Now in
H. State Administration.
SB 1308 Exemption/State Board of
Administration:
Creates a public record exemption for proprietary
confidential business information concerning alternative investments
of the State Board of Administration. Stipulates that the
exemption applies only if the person submitting the information
provides a verified written declaration that (1) identifies the
proprietary confidential business information within the record
submitted; (2) certifies that asserted trade secrets meet the
statutory definition; (3) certifies that the identified information
is intended to be and is treated as private and is not readily
ascertainable or publicly available from any other source; and (4)
certifies that the disclosure of the identified information would
harm the business interests of the person submitting the
information. Stipulates
that the records are exempt until 10 years after the
investment. Allows
access by court order and a showing of good cause. Sen. Rudy Garcia
(R-Hialeah)
•
S. Governmental Oversight Committee: Three minor amendments,
slightly narrowing the exemption are adopted; reported favorably as
a committee substitute.
Now in S. Rules.
SB 1320 Exemption/Home Addresses – DJJ
Employees:
Creates a public record exemption for the home addresses,
telephone numbers, social security numbers, and photographs of
certain active or former DJJ employees, the home addresses,
telephone numbers, social security numbers, photographs, and places
of employment of their spouses and children, and the names and
locations of schools and day care facilities attended by their
children. Stipulates that the exemption applies only if the employee
provides a written statement that the employee has made reasonable
efforts to protect such information from being accessible through
other sources available to the public. Similar to HB
605. Sen. Victor Crist
(R-Tampa)
•
S. Criminal Justice Committee: A strike all amendment
making minor changes to the exemption is adopted; reported favorably
as a committee substitute.
Now in S. Governmental Oversight.
SB 1530 OGSR/Tobacco-Settlement
Agreement:
Reenacts without modification the public record exemption in
s. 569.215, F.S., for proprietary confidential business information
received by the Governor, the Attorney General, or outside counsel
representing the state in negotiations for settlement payments under
the tobacco settlement agreement. Similar to HB 7047. S. Regulated Industries
•
S. Regulated Industries Committee: Reported favorably. Now in S. Governmental
Oversight.
SB 1800 Exemption/Domestic Violence – State
Employees:
Creates a public record exemption for personal identifying
information contained in records documenting an act of domestic
violence that is submitted to an agency by an agency employee. Also exempts written
requests for leave submitted by an agency employee and agency time
sheets reflecting such requests until one year after the leave has
been taken. Similar to
HB 1507. Sen. Dave
Aronberg (D-Greenacres)
???
•
S. Children and Families Committee: Reported favorably. Now in S.
Commerce.
HB 7007 OGSR/Child Support
Services:
Reenacts without modification the public record exemption in
s. 61.1827, F.S., for any information that would reveal the identity
of applicants for or recipients of child support services, including
the name, address, and telephone number of such persons, in the
possession of a non-Title IV-D county child support enforcement
agency. Similar to SB
1078. H. Governmental
Operations
•
H. State Administration Council: Reported favorably. Now on H.
Calendar.
HB 7009 OGSR/Home Addresses – Human
Resource Directors:
Reenacts and amends the public record exemption in s.
119.071(4)(d)2., F.S., for the home addresses telephone numbers,
social security numbers, and photographs of certain active or former
human resource personnel, the home addresses, telephone numbers,
social security numbers, photographs, and places of employment of
their spouses and children, and the names and locations of schools
and day care facilities attended by their children. As amended, deletes the
exemption for social security numbers. Similar to SB 662. H. Governmental
Operations 
•
H. State Administration Council: Reported favorably by a vote
of 7/1 (Rep. Mary Brandenburg voting no). Now on H.
Calendar.
HB 7011 OGSR/Home Addresses – Code
Enforcement Officers:
Reenacts and amends the public record exemption in s.
119.071(4)(d)5., F.S., for the home addresses telephone numbers,
social security numbers, and photographs of active or former code
enforcement officers, the home addresses, telephone numbers, social
security numbers, photographs, and places of employment of their
spouses and children, and the names and locations of schools and day
care facilities attended by their children. As amended, deletes the
exemption for social security numbers and photographs. Similar to SB 664. H. Governmental
Operations 
•
H. State Administration Council: Reported favorably. Now on H.
Calendar.
HB 7013 OGSR/Software
Copyright:
Reenacts with minor modifications s. 119.084, F.S.,
authorizing copyright of agency-produced software. Similar to SB 1038. H. Governmental
Operations 
•
H. State Administration Council: Reported favorably. Now on H.
Calendar.
HB 7015 OGSR/Archaeological Sites:
Reenacts with minor modification the public record exemption in s.
267.135, F.S., for any information identifying the location of an
archaeological site held by the Division of Historical Resources of
the Department of State.
Similar to SB 1036.
H. Governmental Operations
•
H. State Administration Council: Reported favorably. Now on H.
Calendar.
HB 7023 OGSR/Pharmaceutical
Caches:
Reenacts with minor modification the public record exemption
in s. 381.95, F.S., for information identifying or describing the
name, location, pharmaceutical cache, contents, capacity, equipment,
physical features, or capabilities of individual medical facilities,
storage facilities, or laboratories established, maintained, or
regulated by the Department of Health as part of the state’s plan to
defend against an act of terrorism. Stipulates that the
Governor’s certification of the sufficiency of any location,
pharmaceutical cache, contents, capabilities, etc., is a public
record. Similar to SB
698. H. Governmental
Oversight
•
H. Domestic Security Committee: Reported favorably. Now in H. State
Administration.
HB 7025 OGSR/Hospital Emergency Management
Plans: Reenacts
with minor modification the public record exemption is s. 395.1056,
F.S., for those portions of a comprehensive emergency management
plan with address the response of a public or private hospital to an
act of terrorism. Also
reenacts the meetings exemption for portions of meetings during
which such plans are discussed. Similar to SB 700. H. Governmental
Oversight
•
H. Domestic Security Committee: Reported favorably. Now in H. State
Administration.
HB 7027 OGSR/Nursing Home Adverse Incident
Reports:
Reenacts and slightly narrows the exemption in s. 119.0712,
F.S., for all personal identifying information contained in records
relating to an individual’s personal health or eligibility for
health-related services held by DOH. Similar to SB 510. H. Governmental
Operations 
•
H. State Administration Council: Reported favorably by a vote
of 7/1 (Rep. Audrey Gibson voting no). Now on H.
Calendar.
HB 7033 OGSR/Security System
Plans: Reenacts
with minor, technical modifications the public record exemption in
s. 119.071(3), F.S., for security system plans for property owned by
or leased to the state or any privately owned or leased property
held by a government agency.
Also reenacts with minor technical modifications the meetings
exemption in s. 286.0113, F.S., for portions of meetings which would
reveal such plans.
Similar to SB 696.
H. Governmental Operations
•
H. Domestic Security Committee: Reported favorably. Now on H.
Calendar.
HB 7035 OGSR/Motor Vehicle
Crashes:
Reenacts without modification the public record exemption in
s. 316.066(3)(c), F.S., for reports which reveal the identity, home
or employment telephone number or home or employment address of
persons involved in a car crash for a period of 60 days following
the crash. Allows
access by the media, insurance companies, and attorneys of those
involved in the crash under certain, specified conditions. Similar to SB 712. H. Governmental
Oversight 
•
H. Transportation Committee: Reported favorably. Now in H. State
Administration.
HB 7043 OGSR/Identifying Information –
Elderly Affairs:
Reenacts with minor modification the exemption in s. 430.105,
F.S., for personal identifying information in records relating to an
individual’s health or eligibility for or receipt of health-related,
elder care, or long-term care services held by the Department of
Elderly Affairs.
Similar to CS/SB 514.
H. Governmental Operations
•
H. Elder and Long Term Care Committee: Reported favorably. Now in H. State
Administration.
HB 7045 OGSR/Medicaid Pharmaceutical
Rebates:
Reenacts and amends the exemption in s. 409.91196, F.S., for
the rebate amount, percent of rebate, manufacturer’s pricing, and
supplemental rebate held by the Agency for Health Care
Administration pursuant to the Medicaid prescription drug
program. Also exempts
portions of meeting of the Medicaid Pharmaceutical and Therapeutics
Committee at which such information is discussed. As amended, requires that a
record be made of the closed portions of meetings, stipulating that
such record must include the times of commencement and termination,
all discussions and proceedings, and the names of all persons
speaking. Similar to SB
516. H.
Governmental Operations 
•
H. Health Care Regulation Committee: Reported favorably. Now in H. State
Administration.
NEW BILLS
FILED
HB 7113 OGSR/Interference with
Custody:
Reenacts and amends the public record exemption in s. 787.03,
F.S., for the name, address, and telephone number of a person who
takes a minor child and reports such to the sheriff or state
attorney under the exception to the offense of interference with
custody. As amended,
the current address and telephone number of the person who takes the
child and the minor are exempt from disclosure until the sheriff or
state attorney completes an investigation and determines that
releasing the information would not jeopardize the safety of the
person or minor. Allows
access by other government agencies for the purpose of official
business. Similar to SB
710. H. Governmental
Operations
HB 7115 OGSR/Autopsy
Photographs:
Reenacts with minor technical modification the public record
exemption in s. 406.135, F.S., for autopsy photographs. Allows access upon court
order and a showing of good cause. Similar to SB 592 and SB
1052. H. Governmental
Operations
HB 7091 Electronic Recording/Property
Records:
Creates the “Uniform Real Property Electronic Recording
Act,” allowing a county
recorder to receive, index, store, archive, and transmit electronic
documents. Also allows
the county record to provide access to, search, and retrieve
documents by electronic means.
Also creates the Electronic Recording Advisory Council within
the Department of State.
H. Civil Justice
WATCH
HB
7125 Confidentiality/Medical Records: Amends s. 456.057, F.S.,
relating to the ownership and control of patient records, to
stipulate that the employer of a health care practitioner who is a
records owner and all records custodians must maintain the
confidentiality of medical records. Also stipulates that
electronically generated prescriptions must contain certain,
specified information.
Contains definitions.
Similar to SB 1408.
H. Health Care Regulation WATCH