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LEGISLATIVE REPORT
2006
LEGISLATIVE REVIEW: PRE-SESSION REPORT
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 2006 Legislature will be reviewing all exemptions created
in 2001. Those bills
will be included in our legislative reports and are designated
“OGSR”.
PUBLIC
RECORDS and OPEN MEETINGS
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. Similar to SB 1844. Rep. Charles Dean
(R-Inverness)
• H.
Criminal Justice Committee: Reported favorably.
•
H. Justice Council: An amendment stipulating
that the affidavit must include the date and time of the arrest, the
name of the arresting officer, the name of the person arrested, and
the crime charged, is adopted.
Reported favorably as a committee substitute. Now on the House
Calendar.
CS/SB 176
Exemption/Controlled Substances: Creates a public record
exemption for personal identifying information of a patient, health
care practitioner, or pharmacist contained in records held by DOH
under the electronic-monitoring system for prescription of
controlled substances.
Similar to HB 943.
Sen. Burt Saunders (R-Naples) •
S. Health Care Committee: Four technical amendments
adopted. Reported
favorably with four amendments.
•
S. Criminal Justice Committee: An amendment stipulating
that “identifying information” includes, but is not limited to, the
name, address, phone number, insurance plan number, social security
number, provider number, Drug Enforcement Administration number, or
any other unique identifying number of a patient, patient’s agent,
health care practitioner, pharmacist, pharmacist’s agent, or
pharmacy, is adopted.
Reported favorably as a committee substitute. Now in S. Governmental
Oversight.
HB 193 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 SB
358. Rep. Ellyn Bogdanoff (R-Ft. Lauderdale)
•
H. Civil Justice Committee: Reported
favorably.
•
H. Governmental Operations Committee: Reported favorably. Now in H. Justice
Council.
SB 326 Pornographic
Materials: Prohibits the willful and
knowing distribution of pornographic materials for commercial
purposes, stipulating that any person, including a church or
religious organization, can bring legal action to enforce the
ban. Sen. Gary
Siplin (D-Orlando)
WATCH
SB 358 Exemption/Court
Monitors: Similar to HB 193. Sen. Gwen Margolis (D -
Bay Harbor Island)
•
S. Judiciary Committee: Reported favorably. Now in S. Governmental
Oversight.
HB 379 Exemption/Home
Addresses – EMTs: Creates a public record
exemption for the home addresses, telephone numbers, social security
numbers, and photographs of active or former emergency medical
technicians or paramedics, the home addresses, telephone numbers,
social security numbers, photographs, and places of employment of
their spouses and children, and the names and locations of schools
and day care facilities attended by their children. Similar to SB 1382. Rep. Hugh Gibson (R-The
Villages) SB 446 Criminal Use/Personal
Information: Provides that it is a third
degree felony for a person to willfully and without authorization
disclose, sell, or transfer personal identification information
concerning an individual, including personal identification
information sent to a foreign country, without first obtaining the
consent of the individual.
Similar to HB 1043.
Sen. Skip Campbell (D-Tamarac) HB 459 Exemption/Donors –
Statewide Public Guardianship Office: Creates a public record
exemption for the identity of donors or prospective donors to the
Statewide Public Guardianship Office who wish to remain
anonymous. Similar to
SB 474. Rep.
Franklin Sands (R-Weston)
SB 474 Exemption/Donors –
Statewide Public Guardianship Office: Similar to HB 459. Sen. Burt Saunders
(R-Naples)
SB 510 OGSR/Nursing Home
Adverse Incident Reports: Reenacts with minor
modification the exemption in s. 400.119, F.S., for incident reports
filed with a nursing home’s risk manager and administrator,
notifications of the occurrence of an adverse incident, and adverse
incident reports. Also
exempts meetings of nursing home internal risk management and
quality assurance committees and records of such meetings. Stipulates that records
disclosed to a law enforcement agency remain exempt until criminal
charges are filed.
Similar to HB 7027.
S. Health Care
•
S. Health Care Committee: Reported favorably. Now in S. Governmental
Oversight.
SB 512 OGSR/Identifying
Information – DOH: 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.
S. Health Care
•
S. Health Care Committee: Reported favorably. Now in S. Governmental
Oversight.
CS/SB 514 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. S. Health
Care
•
S. Health Care Committee: Two minor technical
amendments adopted; reported favorably with two
amendments.
•
S. Governmental Oversight Committee; A strike all amendment
making minor changes is adopted; reported favorably as a committee
substitute. Now in S.
Rules.
SB 516 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. S. Health Care •
S. Health Care Committee: Reported favorably. Now in S. Governmental
Oversight
SB 592 OGSR/Autopsy
Photographs: Reenacts without
modification the exemption in s. 406.135, F.S., for autopsy
photographs. Allows
access upon court order and a showing of good cause. Similar to SB 1052. Sen. Bill Posey
(R-Rockledge) HB 605 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 SB 1320. Rep. J.C. Planas
(R-Miami)
SB 662 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, and 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 7009. S. Community
Affairs
•
S. Community Affairs Committee: Two amendments, one deleting
the exemption for photographs of such personnel and the other
deleting the requirement that employees make reasonable efforts to
protect home address information, are adopted; reported favorably
with two amendments.
Now in S. Governmental Oversight. SB 664 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, and 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. S. Community
Affairs •
S. Community Affairs Committee: Two amendments, one deleting
the exemption for photographs of such personnel and the other
deleting the requirement that employees make reasonable efforts to
protect home address information, are adopted; reported favorably
with two amendments.
Now in S. Governmental Oversight. CS/HB 687 Exemption/Concealed
Weapons Permits: Creates a public record
exemption for all personal identifying information, names,
addresses, birth dates, social security numbers, phone numbers and
license numbers of individuals who have applied for or received a
concealed weapons permits.
Allows disclosure under certain, specified circumstances,
including upon court order and a showing of good cause. Similar to SB 1162. Rep. Sandy Adams
(R-Oviedo) •
H. Governmental Operations Committee: A strike all amendment is
adopted. As amended,
creates a public record exemption for personal identifying
information of individuals who have applied for or received
concealed weapons permits.
Allows disclosure under certain, specified circumstances,
including upon court order and a showing of cause. Reported favorably as a
committee substitute.
Now in H. Agriculture.
SB 696 OGSR/Security System
Plans: Reenacts without
modification 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
without modification the meetings exemption in s. 286.0113, F.S.,
for portions of meetings which would reveal such plans. Similar to HB 7033. S. Domestic
Security
•
S. Domestic Security Committee: Reported favorably. Now in S. Governmental
Oversight.
SB 698 OGSR/Pharmaceutical
Caches: Reenacts without
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 HB 7023. S. Domestic
Security
•
S. Domestic Security Committee: Reported favorably. Now in S. Governmental
Oversight.
SB 700 OGSR/Hospital
Emergency Management Plans: Reenacts without
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 HB 7025. S. Domestic
Security
•
S. Domestic Security Committee: Reported favorably.
•
S. Health Care Committee: Reported favorably. Now in S. Governmental
Oversight.
SB 710 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. S.
Judiciary
•
S. Judiciary Committee: Three minor technical
amendments adopted; reported favorably with three amendments.
•
S. Criminal Justice Committee: Reported favorably. Now in S. Governmental
Oversight.
SB 712 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 HB 7035. S.
Transportation
•
S. Transportation Committee: Reported favorably. Now in S. Governmental
Oversight.
HB 719 Sealing of Criminal
History Records: Allows for the sealing a
criminal history record of certain offenses if a charging document
is not filed, if the case is dismissed, if nolle prosequi is
entered in the case, or if the defendant is acquitted or found not
guilty. Stipulates that
a certificate of eligibility for sealing is available only if the
person seeking the certificate has never had a criminal history
record sealed or expunged.
Similar to SB 1276.
Rep. J.C. Planas (R-Miami) ???
SB 734 OGSR/Economic
Development Agencies: Reenacts with minor
modification the public record exemption in s. 288.075, F.S., for
records held by an economic development agency concerning plans,
intentions, or interests of a private corporation or person to
locate, relocate, or expand its business activities in Florida if
the corporation or person requests confidentiality in writing. Exempts trade secrets
provided by the corporation or person for a period of 10 years. Stipulates that such records
become public 24 months after the request for confidentiality is
received or until the information is otherwise disclosed, whichever
occurs first. Also
stipulates that the period of confidentiality can be extended for an
additional 12 months upon written request. Similar to HB 7017. S. Commerce •
S. Commerce Committee: Reported favorably. Now in S. Governmental
Oversight. SB 736 OGSR/Temporary Cash
Assistance: Reenacts with minor
technical modification the public record exemption in s. 414.295,
F.S., for personal identifying information contained in records
relating to temporary cash assistance which identifies a
participant, or a participant’s family or household member. Also reenacts without
modification the meetings exemption for meetings or portions of
meetings of Workforce Florida or a regional workforce board or
committee at which such information is discussed. S.
Commerce
•
S. Commerce Committee: Reported
favorably.
•
S. Children & Families Committee: Reported favorably. Now in S. Governmental
Oversight.
HB 787 Exemption/Home Parcel
ID Numbers: Creates a public record
exemption for the home parcel identification number of those
government employees whose home address is exempt from public
disclosure under s. 119.071(4)(d), F.S. Similar to SB 1712. Rep. Jennifer Carroll
(R-Jacksonville) SB 792 OGSR/Communications
Tax: Reenacts without
modification the public record exemption in s. 213.053, F.S., for
all information contained in returns, reports, accounts, or
declarations received by the Department of Revenue relating to the
communications services tax.
S. Government Efficiency Appropriations •
S. Government Efficiency Appropriations
Committee; Reported
favorably. Now in S.
Governmental Oversight.
SB 916 Exemption/Shell
Bill: Expresses legislative intent
to create a public record exemption. Sen. Durell Peaden
(R-Crestview) HB 943 Exemption/Controlled
Substances: Similar to SB 176. Rep. Gayle Harrell
(R-Port St. Lucie) 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.” Rep. Sandy Adams
(R-Oviedo)
???
HB 1005 Exemption/High School
Drug Tests: Creates a public record
exemption for the results of random drug tests of high school
athletes. Similar to SB
2082. Rep. Marcelo
Llorente (R-Miami)
CS/SB 1036
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 HB
7015. S.
Governmental Oversight •
S. Governmental Oversight Committee; One minor amendment adopted;
reported favorably as a committee substitute. Now in S.
Rules.
SB 1038 OGSR/Software
Copyright: Reenacts with minor
modifications s. 119.084, F.S., authorizing copyright of
agency-produced software.
Similar to HB 7013.
S. Governmental Oversight HB 1043 Criminal Use/Personal
Information: Similar to SB 446. Rep. Tee Holloway
(D-Miami Gardens) SB 1052 OGSR/Autopsy
Photographs: Similar to SB 592. S. Criminal
Justice •
S. Criminal Justice Committee: Reported favorably. Now in S. Governmental
Oversight.
CS/SB 1078 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 HB 7007. S. Children &
Families
•
S. Children & Families Committee: Reported
favorably.
•
S. Governmental Oversight Committee: A strike all amendment
making minor technical changes is adopted; reported favorably as a
committee substitute.
Now in S. Rules.
HB 1097 Public
Records/Inspection & Copying: Stipulates that the person
who has custody of a public record or an agency head may designate
another officer or employee of the agency to allow inspection or
copying of public records but must publicly disclose the identity of
the designee who has been assigned to respond to public record
requests. Also
stipulates that custodians of public records and their designees
must respond to public record requests “promptly and in good faith”,
and that a “good faith response” includes determining whether the
record requested exists and, if so, where it can be accessed. Rep. Shelley Vana (D-West
Palm Beach)
???
HB 1103 Exemption/Job
Postings: Creates a public record
exemption for records contained in a one-stop management information
system that would identify an employer who is posting job
openings. Stipulates
that the exemption only applies upon request of the employer and
that it expires 6 months after a regional workforce board or
Workforce Florida receives such request. Rep. Pat Patterson
(R-DeLand)
HB 1117 Exemption/S. Florida
Regional Transportation Authority: Creates a public record
exemption for appraisal reports, offers, and counteroffers relating
to land acquisition by the South Florida Regional Transportation
Authority until an option contract is executed or, if no option
contract is executed, until 30 days before a contract or agreement
for purchase is considered for approval by the authority. Allows disclosure under
certain, specified conditions.
Similar to SB 2076.
Rep. Ron Greenstein (D-Coconut
Creek)
HB 1125 Exemption/Legislative
Sunset Advisory Committee: Creates a public record
exemption for a working paper, including all documentary or other
information, prepared or maintained by the committee. Stipulates that any exempt
record or information received by the committee retains its exempt
status. Rep. Ray
Sansom (R-Fort Walton Beach) SB 1162 Exemption/Concealed
Weapons Permits: Similar to HB 687. Sen. Mike Haridopolos
(R-Melbourne) CS/SB 1212 OGSR/Agricultural
Records: Reenacts without
modification the public record exemption in s. 403.067, F.S., for
individual agricultural records of processes, methods of production,
and costs of production, profits, or other financial information
which are reported to the Department of Agriculture and Consumer
Services. S.
Agriculture
•
S. Agriculture Committee: An amendment making
significant technical changes is adopted; reported favorably as a
committee substitute.
Now in S. Governmental Oversight.
SB 1250 Use of Social
Security Numbers: Requires an agency to redact
social security numbers in records prior to disposing of such
records. Prohibits
inclusion of social security numbers on insurance identification
cards and student identification cards. Stipulates that an
individual cannot be required to disclose his/her social security
number in order to obtain goods or services or enter into a business
transaction unless state or federal law authorizes such
disclosure. Also
prohibits public posting or display of an individual’s social
security number; printing of such number on any card required to
obtain access to products or services; printing social security
numbers on any materials mailed to the individual unless required by
state or federal law; printing a social security number on a
postcard or other mailer not requiring an envelope; requiring
transmission of such numbers over the Internet unless the connection
is secure or the number is encrypted; and requiring use of a social
security number to access an Internet website unless a password or
unique personal identification number or other authentication device
is also required.
Allows continuing use of social security numbers under
certain, specified conditions.
Stipulates that such prohibitions and requirements do not
apply to the state or to documents that are recorded or required to
be open to the public under state or federal law and that the act
does not prevent the collection, use, or release of a social
security number as authorized by law or the use of such numbers for
internal verification or administrative purposes. Sen. Gwen Margolis (D-Bay Harbor
Island)
SB 1276 Sealing of Criminal
History Records: Similar to HB 719. Sen. Nan Rich
(D-Sunrise)
??? SB 1284 Nursing Home Consumer
Information: Allows the Agency for Health
Care Administration to provide electronic access to nursing home
inspection reports as a substitute for sending copies of such
reports. Also decreases
the number of months from 45 to 30 for which reported information
must be provided to consumers and requires AHCA to publish the
Nursing Home Watch List which must contain certain, specified
information. Sen.
Mike Fasano (R-New Port Richey) WATCH
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. Allows access by court order
and a showing of good cause.
Sen. Rudy Garcia (R-Hialeah)
SB 1320 Exemption/Home
Addresses – DJJ Employees: Similar to HB 605. Sen. Victor Crist
(R-Tampa)
SB 1346 False
Light/Defamation Actions: Stipulates that a person may
not be held liable for publishing information concerning an
individual which places that individual in a false light unless (1)
the published information is false; (2) the false information places
the individual in a false light highly offensive to a reasonable
person; (3) the person publishing the information knew the
information was false or acted with reckless disregard as to its
falsity; and (4) the person publishing the information acted
knowingly or in reckless disregard as to the false light in which
the individual would be placed. Stipulates that a
publication which is privileged or otherwise protected from
liability under the common law of defamation, the First Amendment or
s. 4, Art. I, Fla. Con., is not subject to liability. Stipulates that any action
must be brought within two years after publication. Applies retroactively. Sen. Rod Smith
(D-Gainesville) SB 1382 Exemption/Home
Addresses – EMTs: Similar to HB 379. Sen. Carey Baker
(R-Eustis) SB 1406 Juvenile
Records: In pertinent part, prohibits
the release by the Florida Department of Law Enforcement of criminal
history information relating to a minor without the corresponding
disposition information.
Sen. Frederica Wilson (D-Miami) ???
SB 1408
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.
S. Health Care
WATCH SB 1438 Exemption/Shell
Bill: Expresses legislative intent
to create an exemption to the public records law and sunshine
law. Sen. Nancy
Argenziano (R-Crystal River) SB 1440 Exemption/Shell
Bill: Expresses legislative intent
to create an exemption to the public records law and sunshine
law. Sen. Nancy
Argenziano (R-Crystal River) SB 1442 Exemption/Shell
Bill: Expresses legislative intent
to create an exemption to the public records law and sunshine
law. Sen. Nancy
Argenziano (R-Crystal River) SB 1444 Exemption/Shell
Bill: Expresses legislative intent
to create an exemption to the public records law and sunshine
law. Sen. Nancy
Argenziano (R-Crystal River) SB 1446 Exemption/Shell
Bill: Expresses legislative intent
to create an exemption to the public records law and sunshine
law. Sen. Nancy
Argenziano (R-Crystal River) SB 1448 Exemption/E-Mail
Addresses: Creates a public record
exemption for e-mail addresses of individuals held by an
agency. Sen. Gwen
Margolis (D-Bay Harbor Island) SB 1504 Exemption/Shell Bill
– Slot Machine Gaming: Expresses legislative intent
to create a public record exemption for slot machine gaming. Sen. Dennis Jones
(R-Seminole) SB 1526 Exemption/Shell
Bill: Expresses legislative intent
to create a public record exemption. Sen. Evelyn Lynn
(R-Ormond Beach) 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.
S. Regulated Industries
SB 1564 Exemption/Shell
Bill: Expresses legislative intent
to create a public record exemption. Sen. Evelyn Lynn
(R-Ormond Beach) SB 1584 OGSR/Deferred
Presentment Providers: Reenacts with some
modification the exemption is s. 560.4041, F.S., for information
identifying a drawer or deferred presentment provider contained in
the database for deferred presentment providers. Amended to stipulate that a
provider may access information it has entered into the database and
may obtain an eligibility determination for a particular person
based on information in the database. Further amended to allow
access by court order and a showing of good cause. S. Banking and
Insurance SB 1586 OGSR/Surplus Lines
Insurance: Reenacts without
modification the public record exemption in s. 626.921(8)(b), F.S.,
for information furnished to the Florida Surplus Lines Service
Office under the Surplus Lines Law if disclosure of such information
would reveal information specific to a particular policy or
policyholder. S.
Banking and Insurance SB 1628 Exemption/Shell Bill
– Space Industry: Expresses legislative intent
to create a public record exemption related to economic development
for the space industry.
Sen. Mike Fasano (R-New Port Richey) SB 1680 Public
Documents: Requires all state
government officials and agencies to furnish a list of documents
issued during the year to the Division of Library and Information
Services, Department of State.
Also requires government agencies to purge publication
mailing lists every other year and to disclose whether agency
publications are available on-line and allow recipients to determine
whether they’d prefer receiving a hard copy of the publication or a
copy in an electronic format.
S. Government Efficiency Appropriations WATCH
SB 1712 Exemption/Home Parcel
ID Numbers: Similar to HB 787. Sen. Steven Wise
(R-Jacksonville) 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. Sen. Dave Aronberg
(D-Greenacres)
???
SB 1844
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. Similar to HB 41. Sen. Mike Haridopolos
(R-Melbourne) SB 1898 Exemption/Crime Victim
Photographs: Creates a public record
exemption for photographs or videos of the remains of a crime victim
which is criminal intelligence or criminal investigative
information. Allows
access by court order and a showing of good cause, stipulating that
the court can prescribe restrictions deemed appropriate. Also stipulates the court,
in determining good cause, must consider whether disclosure is
necessary for the public evaluation of governmental performance, the
seriousness of the intrusion into the family’s right to privacy and
whether disclosure is the least intrusive means available, and the
availability of similar information in other public records,
regardless of form.
Requires the spouse or surviving parents if there is no
spouse be given reasonable notice of any petition to inspect or copy
the exempt records, as well as reasonable notice of the opportunity
to be present and be heard at any hearing on the issue. Stipulates that a custodian
of the record who willfully and knowingly permits unauthorized
inspection or copying is guilty of a third degree felony and that a
person who willfully and knowingly inspects or copies the exempt
records without authorization is also guilty of a third degree
felony. Sen. Jim
King (R-Jacksonville) SB 1910 Permanent Paper
Ballots: Stipulates that before an
electronic or electro-mechanical voting system can be approved for
use by the Department of State, the system must be able to (1)
produce an individual, discrete, and permanent paper ballot or paper
record of the ballot and (2) preserve the paper ballot or paper
record as an official record available for use in any recount. Also stipulates that the
permanent paper ballot or paper record must be used to check the
accuracy of a machine count or the count itself and in the case of a
discrepancy, the permanent paper ballot or paper record will be
considered the true and correct record of the vote. Sen. Rod Smith
(D-Gainesville) SB 1964 Fraudulent Use/Personal ID
Information: Stipulates that any person
who willfully and without authorization fraudulently uses personal
identification information concerning an individual over the age of
65 without first obtaining the consent of the individual is guilty
of a second degree felony.
Sen. Dave Aronberg (D-Greenacres)
WATCH
SB 1976 Exemption/Shell
Bill: Expresses legislative intent
to revise laws relating to public records. Sen. Rudy Garcia
(R-Hialeah) SB 2040
Exemption/Investigative Incident Reports: Allows a court to order a
criminal justice agency to seal an investigative incident report if
the subject of the report complies with certain, specified
requirements and has applied for and received a certificate of
eligibility for sealing.
Sen. Ron Klein (D-Delray Beach) SB 2066 OGSR/Byrd Alzheimer’s
Center: Reenacts with minor
clarifying modifications the public record exemption in s. 1004.445,
F.S., for personal identifying information of clients of programs
created or funded through the Center; personal identifying
information contained in patient medical or health records;
materials relating to methods of manufacture, potential trade
secrets, potentially patentable materials, trade secrets or
proprietary information; the identity of donors or prospective
donors who wish to remain anonymous; information received by the
Center in the performance of its duties that is otherwise exempt by
law; and any information received that is exempt under the laws of
another state or federal law.
S. Education
SB 2076 Exemption/S. Florida
Regional Transportation Authority: Similar to HB 1117. Sen. Steven Geller
(D-Hallandale Beach)
SB 2082 Exemption/High School
Drug Tests: Similar to HB 1005. Sen. Durell Peaden
(R-Crestview) SB 2116 Exemption/Traffic
Citations: Expands the public record
exemption for the identity of victims contained in car crash reports
to also exempt the identity of such persons in uniform traffic
citations associated with such crashes and investigations. S. Banking and
Insurance SB 2192 Exemption/Inspector
General Audit Work Papers: Creates a public record
exemption for audit work papers and reports held by an inspector
general in connection with an audit until the audit is complete or
ceases to be active.
Sen. Al Lawson (D-Tallahassee)
HB 7007 OGSR/Child Support
Services: Similar to SB 1078. H. Governmental
Operations
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. Local Government Council: Reported favorably. Now in H. State
Administration Council.
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. Local Government Council: Reported favorably. Now in H. State
Administration Council.
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