1996 Legislative Report for Period Ending March 15

Symbol Meaning
Current action
CS Committee Substitute
P Passed both Chambers
W Withdrawn from further consideration

For Period Ending: March 15

HB 47 Safety and Privacy for Jurors Act of 1996: Exempts information identifying jurors in criminal trials upon completion of the jury selection process and the swearing in of jurors. Upon a showing of good cause, a court may permit disclosure of such information upon motion by any party or application of any interested person. Similar to CS/SB 202. Rep. Greg Gay (R-Cape Coral)

  • H. Judiciary: Amended to stipulate that juror information shall be automatically disclosed two years from the date of the verdict unless a court determines that it should remain closed; also amended to create an exemption for the name, address, and telephone number of grand jurors, and deletes requirement that the exemption be subject to Open Government Sunset Review; reported favorably as a CS.

SB 92 Exemption for Deepwater Ports and Nongovernmental Agencies: Creates an exemption for proposals and counter proposals and related financial records related to the sale, use, or lease of land or port facilities exchanged between a deepwater port and a nongovernmental entity. Such records cease to be exempt 30 days before such proposals or counter proposals are considered for approval by the governing body. Identical to HB 183. Sen. John Grant (R-Tampa)

  • S. Commerce & Economic Opportunities Committee: One technical amendment is adopted; reported favorably.

HB 129 Crimes Against Jurors: Amends § 918.21, F.S., to stipulate that the willful and malicious harassment of a grand or petit juror is a third degree felony; harassment with a threat of bodily harm is a second degree felony. Rep. Greg Gay (R-Cape Coral)

  • H. Criminal Justice: Amended to include the second degree felony of retaliation and harassment of jurors involving death, bodily injury, or property damage when done with a credible threat to place the juror in reasonable fear of death; reported favorably as a CS.

CS/SB 426 Exemption for the Orlando/Orange County Expressway Authority: Creates an exemption for information on individuals using EPASS, an automated electronic system for collecting tolls via credit card or check, in the possession of the Orlando-Orange County Expressway Authority. Identical to HB 689. Sen. Buddy Dyer (D-Orlando)

  • S. Governmental Reform & Oversight Committee: A “strike everything” amendment exempting personal identifying information provided to, or acquired by, the Department of Transportation, a county, or an expressway authority for the purpose of paying tolls by use of a credit card, a charge card, or check is adopted; reported favorably with 1 amendment.

SB 468 Exemption for Rabies Vaccination Certificates: Creates an exemption for identifying information in rabies vaccination certificates, but requires that such information be released upon request to certain persons. Identical to HB 1801. Sen. Charlie Bronson (R-Indian Harbor Beach)

  • S. Agriculture: Amendment to conform exemption to the Open Government Sunset Review Act is adopted; reported favorably.

HB 553 Privatization of State Programs and Services: Provides legal standards for public/private partnerships; stipulates that all public/private partnerships are subject to the Public Records Law and the Open Meetings Law. House Governmental Operations Committee

  • H. Appropriations Committee: Amended to require audits under certain circumstances; reported favorably as a CS.

SB 674 Sunshine in Litigation: Exempts municipalities and counties from the requirement that public notice of settlements made by governmental entities be provided, but requires public hearings for settlements by municipalities or counties of suits in excess of $5,000, unless the settlement agreement is entered into and funded by an insurer of the local government. Identical to HB 1115. Sen. Daryl Jones (D-Miami)

  • S. Community Affairs Committee: Reported favorably.

HB 689 Exemption for Orlando-Orange County Expressway: Creates an exemption for personal information relating to individuals who use EPASS that is in the possession of the Orlando-Orange County Expressway. Identical to SB 426. Rep. Allen Trovillion (R-Winter Park)

  • H. Transportation: A “strike everything” amendment to exempt personal identifying information provided to the Department of Transportation, a county, or an expressway authority for the purpose of using a credit card, charge card, or check for the payment of tolls is adopted; reported favorably as a CS.

HB 717 Uniform Motor Vehicle Records Disclosure Act: Stipulates that a driver must opt-in, thus allowing his/her driver history record to be part of the public record; authorizes disclosure under certain circumstances. Similar to SB 766. Rep. Sallie Heyman (D-North Miami Beach)

  • H. Transportation: Amended to stipulate that driver history records are public unless an individual opts-out, thereby more closing tracking the federal Driver’s Privacy Protect Act; allows for exemptions; reported favorably as a CS.

HB 739 Exemption for Guardian Ad Litem: Renumbers and reenacts exemption for information collected pursuant to the security background investigation of participants in the guardian ad litem program. Similar to SB 78. H. Judiciary Committee

  • House: Technical amendments adopted; passed the House as amended. [117-0]

HB 1035 Exemption for Antitrust Information: Creates an exemption for information submitted to state officials by members of the health care community as part of a review of antitrust issues. Identical to HB 889; similar to HB 1223; HB 1359. Rep. Ben Graber (D-Coral Springs)

  • H. Health Care Committee: Reported favorably.

HB 1115 Sunshine in Litigation: Exempts municipalities and counties from law which requires notice of settlements made by governmental entities; requires a public hearing for settlements of suits in excess of $5,000 by municipalities and counties unless the settlement agreement is entered into and funded by an insurer of the local government. Identical to SB 674. Rep. Tracy Stafford (D-Ft. Lauderdale)

  • H. Judiciary: Technical amendment adopted; reported favorably as a CS.

SB 1180 Exemption for Foster or Child Care Licensees: Creates an exemption for certain information about persons licensed to provide foster care or child care; stipulates that such information may be obtained under court order in connection with the investigation of the death of a child in foster care . Similar to SB 2073. Sen. Jim Hargrett (D-Tampa)

  • S. Health & Rehabilitative Services Committee: Amended to exempt personal references rather than neighbor references, and to allow information to be obtained under court order for any reason; also exempts meetings of interdisciplinary teams when reviewing and evaluating the service needs of certain minors; reported favorably as a CS.

SB 1238 Exemption for Economic Development Agencies: Amends § 288.075, F.S., to include the state of Florida, thus creating an exemption for the records of any agency, person, partnership, corporation, or business entity authorized by the state to promote the general business or industrial interests of the state. S. Commerce & Economic Opportunities Committee

  • S. Commerce & Economic Opportunities Committee: Reported favorably.

SB 1240 Exemption for Qualified Defense Contractor Tax Refund Program: Creates an exemption for proprietary information and tax data submitted to the Department of Commerce or the Office of Tourism, Trade, and Economic Development for the purpose of administering the qualified defense contractor tax refund program and the qualified target industry tax refund program. Similar to SB 1300; SB 2644; HB 1429. S. Commerce & Economic Opportunities Committee

  • S. Commerce & Economic Opportunities Committee: Reported favorably.

HB 1295 Fee for Copies of Public Records: Stipulates that fees charged by clerks of the circuit court for copies of public records other than those recorded in Official Record Books must be in accordance with ch. 119. Rep. Jeff Stabins (R-Spring Hill)

  • H. Governmental Operations Committee: Temporarily deferred.

HB 1429 Exemption for Qualified Defense Contractor Tax Refund Program: Creates an exemption for certain information contained on refund applications under the qualified defense contractor and qualified target industry tax refund program. Similar to SB 1240; SB 1300; SB 2644. Rep. Annie Betancourt (D-Miami)

  • H. Commerce: Reported favorably.

HB 1465 Exemption for Bank Account and Debit Card Numbers: Creates an exemption for bank account and debit or credit card numbers given to an agency for payment of any fee or debt. Identical to SB 2726. Rep. Greg Gay (R-Cape Coral)

  • H. Governmental Operations Committee: Amended to allow the use of the exempt information by any agency in any administrative or judicial proceeding; reported favorably as a CS.

SB 1650 Exemption for Donors to the Florida Commission on Tourism: Creates an exemption for information identifying donors or prospective donors to the Florida Commission on Tourism who desire to remain anonymous. S. Commerce & Economic Opportunities Committee

  • S. Commerce & Economic Opportunities Committee: Reported favorably with 1 nay vote (Sen. Holzendorf).

HB 1801 Exemption for Rabies Vaccination Certificates: Creates an exemption for information identifying the owner of a vaccinated animal contained in rabies vaccination certificates. Identical to SB 468. Rep. Jim King (R-Jacksonville)

  • H. Governmental Operations Committee: Amendment adopted to conform exemption to the requirements of the Open Government Sunset Review Act; reported favorably as a CS.

NEW BILLS FILED

COMMERCIAL AND BUSINESS INFORMATION

SB 2644 Exemption for Tax Refund Program: Creates an exemption for the tax refunds of qualified target industry businesses. Similar to HB 1429; SB 1240; SB 1300. Sen. John Grant (R-Tampa)

SB 2662 Ad Valorem Tax Exemption: Stipulates that certain information submitted in connection with the determination of the nonprofit status of an applicant for certain exemptions from ad valorem taxation is NOT exempt from the Public Records Law. Identical to HB 1111. Sen. Patsy Ann Kurth (D-Palm Bay)

SB 2754 Exemption for Board of Regents Records: Creates an exemption for information contained in appraisal reports obtained by the Board of Regents for property acquisition. Sen. George Kirkpatrick (D-Gainesville)

ENVIRONMENTAL INFORMATION

SB 1902 Environmental Self-Audit Report: In part, allows a business conducting an environmental self-audit to refuse to disclose, and prevent others from disclosing, an environmental self-audit report; specifies who may claim the privilege, and provides for a waiver of the privilege and conditions under which the privilege does not apply. Similar to HB 1817. Sen. Bill Bankhead (R-Jacksonville)

HEALTH CARE INFORMATION

HB 1853 Health Care Service Program: In part, clarifies that the term “identifying information” as used in § 641.515, F.S., means information that identifies an individual, not information identifying an organization. Similar to SB 2222. Rep. Debra Prewitt (D-New Port Richey)

SB 2222 Damages Against HMOs: Similar to HB 1853. Sen. Ron Silver (D-North Miami Beach)

SB 1904 Student Records: Creates an exemption for information contained in the cumulative health folder for public school students. Sen. Don Sullivan (R-Seminole)

INSURANCE RECORDS

SB 2706 Exemption for Automobile Joint Underwriting Association: Creates an exemption for the underwriting files, open claims files, audit records, minutes of closed meetings, and other records of the Florida Automobile Joint Underwriting Association for a specific period of time. Also closes meetings of the Association when discussing exempt records. Sen. Katherine Harris (R-Sarasota)

INVESTIGATIVE REPORTS

SB 2306 Exemption for Probable Cause Proceedings & Records: Creates an exemption from § 286.011, F.S., for probable cause proceedings; creates an exemption from ch. 119 for certain information and records relating to investigation of complaints against licensed mortgage brokers and mortgage lenders. Identical to HB 2109. Sen. Katherine Harris (R-Sarasota)

JUDICIAL AND COURT RECORDS

SB 2638 Exemption for Clinical Records of Juvenile Defendants: Requires the Department of Health and Rehabilitative Services to maintain a clinical record for juvenile defendants committed to the Department; creates an exemption for such records. Sen. Ron Silver (D-North Miami Beach)

PERSONAL INFORMATION

SB 1190 Exemption for 911 Tapes: Expands § 365.171, F.S., exempting the name, address, and telephone number of callers to 911 public safety agencies, to exempt any 911 record, recording, or information. Similar to HB 2523. Sen. John McKay (R-Bradenton)

  • S. Commerce & Economic Opportunities Committee: Amended to exempt the name, address, telephone number, and other identifying information of callers to 911 or persons requesting emergency services; reported favorably.

HB 2523 Exemption for 911 Tapes: Similar to SB 1190. Rep. Shirley Brown (D-Sarasota)

  • H. Utilities/Telecommunications Industry Subcommittee: Amended to exempt the name, address, telephone number, and other identifying information of callers to 911 or persons requesting emergency services; reported favorably.

HB 2073 Foster Care Exemptions: Creates an exemption for records relating to a person licensed to provide foster care or child care to children, and the licensed person’s spouse, children, and other adult household members. Similar to SB 1180. Rep. Lois Frankel (D-West Palm Beach)

  • H. Select Committee on Child Abuse & Neglect: Amended to stipulate that records can be released under a court order; an amendment to exempt meetings of multidisciplinary teams for the purpose of reviewing the service needs of certain minors was NOT adopted due to constitutional concerns raised by Rep. Mary Brennan; reported favorably as a CS.

SB 2200 Exemption for Public Utility Records: Creates an exemption for identifying information of public utilities customers when the customer requests in writing that such information be withheld and states that such information is not available from another source. Similar to HB 2515. Sen. George Kirkpatrick (D-Gainesville)

HB 2515 Exemption for Public Utility Records: Similar to SB 2200. Rep. Bob Casey (R-Gainesville)

HB 2421 Exemption for Airports and Airport Employees: Creates an exemption for the home address, telephone number, and social security number of airport employees; also exempts the security plans, photographs, maps, blueprints, drawings, and other materials that depict critical airport operating facilities. Identical to SB 2550. Rep. Alzo Reddick (D-Orlando)

SB 2550 Exemption for Airports and Airport Employees: Identical to HB 2421. Sen. Buddy Dyer (D-Orlando)

HB 2427 Exemption for Grand Jury Information: Amends § 119.07(3)(I), F.S., to exempt all information that would identify and locate grand jury members; removes stipulation that all exemptions in subparagraph (I) are subject to OGSR. Identical to SB 110. Rep. Robert Trammell (D-Marianna)

HB 2481 Exemption for Locating Information: Creates an exemption for information that would reveal the home address, telephone number, or place of employment of a person on whose behalf a restraining order or injunction for protection has been issued; exemption includes spouse and children, and the location of schools and day care centers. Rep. Greg Gay (R-Cape Coral)

SB 2726 Exemption for Bank Account and Debit Card Numbers: Creates an exemption for bank account and debit or credit card numbers given to an agency for payment of any fee or debt. Identical to HB 1465. Sen. Katherine Harris (R-Sarasota)

The First Amendment Foundation wishes to thank Florida Legislative Reporters for providing the Foundation with on-line access to its FAST System.

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