1996 Legislative Report for Period Ending March 29

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W Withdrawn from further consideration

For Period Ending: March 29

SB 42 Managed Care Ombudsman Committee Complaints: Exempts patient records and other identifying information concerning those involved in a complaint to the statewide or a district managed care ombudsman committee. Similar to HB 171. Sen. Peter Weinstein (D-Tamarac)

  • S. Health Care Committee: Two minor amendments adopted; reported favorably.

CS/HB 47 Safety and Privacy for Jurors Act of 1996: Exempts juror identifying information in criminal trials upon completion of jury selection process and swearing in of jurors; also exempts all identifying information of grand jurors. Similar to CS/SB 202. Rep. Greg Gay (R-Cape Coral)

  • H. Governmental Operations Committee: Reported favorably with 1 nay vote [Rep. Rob Wallace (R-Tampa)].

SB 78 Guardian Ad Litem: Renumbers and reenacts exemption for information obtained pursuant to required background check for participants in the guardian ad litem program. Similar to HB 739. Sen. Locke Burt (R-Ormond Beach)

  • Senate: Bill is tabled, and HB 739 is substituted. See HB 739.

HB 165 University Health Services Support Organizations: Exempts contracts for managed care arrangements, marketing plans, trade secrets and peer review procedure records of university health services support organizations; closes governing board meetings if confidential records are to be discussed, and exempts certain information in those meetings. Similar to SB 560. Rep. Cynthia Chestnut (D-Gainesville)

  • H. Governmental Operations Committee: Amendment adopted to conform to SB 560, and to stipulate that the exemptions do not preclude discovery; reported favorably as a CS.

HB 171 Managed Care Ombudsman Committee Complaints: Exempts patient records held by managed care ombudsman committees and the names or identities of those involved in a complaint to such committees. Similar to SB 42. Rep. John Rayson (D-Pompano Beach)

  • H. Health Care Committee: Reported favorably.
  • H. Governmental Operations Committee: Reported favorably.

CS/HB 231 Restorative Justice Boards: Creates an exemption for meetings of a Restorative Justice Board when discussing or deliberating pending juvenile matters; creates an exemption for all records generated at closed meetings but stipulates that such meetings must be tape recorded and that closed records become open upon certain conditions. Rep. Joe Arnall (R-Jacksonville Beach)

  • H. Governmental Operations Committee: Minor amendment adopted; reported favorably as a CS.

SB 674 Sunshine in Litigation: Requires a public hearing for settlements of suits in excess of $5,000 by counties and municipalities 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)

  • Senate: Amendment adopted to delete exception for settlements funded by an insurer, so that all settlements over $5,000 are subject to the public hearing requirement; passed the Senate. [37-0]

HB 709 Exemption for Marketing Corporations: Creates an exemption for the identity of persons responding to marketing and advertising research projects conducted by the Florida Tourism Industry Marketing Corporation and for trade secrets obtained pursuant to research. H. Tourism & Cultural Affairs Committee

  • House: Passed the House. [116-0]

CS/HB 717 Uniform Motor Vehicle Records Disclosure Act: Implements the federal Driver’s Privacy Protection Act, stipulating that driver history records are public unless an individual opts-out; authorizes disclosure of such records under certain circumstances. Similar to SB 766. Rep. Sallie Heyman (D-North Miami Beach)

  • H. Governmental Operations Committee: Reported favorably.

HB 739 Guardian Ad Litem: Renumbers and reenacts exemption for information obtained pursuant to required background check for participants in the guardian ad litem program. Similar to SB 78. H. Judiciary Committee

  • Senate: Substituted for SB 78; passed the Senate. [36-0]

SB 894 Open Government Sunset Review Act of 1995: Makes various technical corrections in the Open Government Sunset Review Act. S. Governmental Reform & Oversight Committee

  • Senate: Amendment deleting requirement that mediator’s for the Attorney General’s Public Records Mediation Program be members of the Florida Bar is adopted; passed the Senate as amended. [36-0]

HB 977 Exemption for Pawnbroker Transactions: Creates an exemption for records delivered to law enforcement officers relating to pawnbroker transactions. Rep. Elvin Martinez (D-Tampa)

  • H. Business & Professional Regulation Committee: Technical amendment adopted; reported favorably as a CS.

HB 1035 Exemption for Anti-Trust No Action Letters: 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. Governmental Operations Committee: Minor amendment adopted; reported favorably as a CS.

HB 1111 Exemptions from Ad Valorem Taxes: Stipulates that certain information submitted in connection with a determination of the nonprofit status of an applicant for certain exemptions from ad valorem taxation is not exempt from public disclosure. Identical to SB 2662. Rep. Charles Sembler (R-Vero Beach)

  • H. Finance & Taxation Committee: Amendment stipulating that information submitted on or after July 1, 1996 for the purpose of obtaining a literary, scientific, or charitable exemption is not exempt from public disclosure; reported favorably as a CS.

W HB 1295 Fees 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 chapter 119, F.S. Rep. Jeff Stabins (R-Spring Hill)

  • Withdrawn from further consideration.

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. Governmental Operations Committee: A “strike everything” amendment offered by Rep. Lori Edwards (D-Auburndale) to narrow the exemption to certain, specified information and limits the time of the exemption is adopted; reported favorably as a CS.

SB 1726 Exemption for Antitrust No-Action Letter: Creates an exemption for certain information submitted by a member of the health care community to the Attorney General in a request for an antitrust no-action letter. Similar to HB 889; HB 1223; HB 1359. Sen. John Grant (R-Tampa)

  • S. Health Care Committee: Minor amendment adopted; reported favorably.

HB 1817 Environmental Self-Audit Report and Voluntary Disclosure Act: In part, allows a self-auditor to refuse to disclose, and prevent others from disclosing, an environmental self-audit report; specifies who may claim the privilege; and provides for waiver of the privilege and conditions under which the privilege does not apply. Similar to HB 1902. Rep. Kelley Smith (D-Palatka)

  • H. Natural Resources/Environmental Protection Subcommittee: Amendment offered by Rep. Josephus Eggelletion (D-Lauderdale Lakes) deleting public disclosure provision, thus making environmental self-audit reports public record, is adopted; bill as amended is not reported out of subcommittee.

W HB 1821 Exemption for Investigators of Department of Banking and Finance: Creates an exemption for personal information relating to current and former investigators of the Department of Banking and Finance. Rep. Debby Sanderson (R-Ft. Lauderdale)

  • Withdrawn from further consideration.

HB 1853 Health Care Service Programs: 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)

  • H. Judiciary Committee: Amendment stipulating that a contract between a health maintenance organization and a provider of health care services cannot restrict the provider’s ability to communicate information to the patient if that information is in the best interests of the patient; reported favorably as a CS.

HB 1869 Exemption for Agency Sealed Bids: Creates an exemption for documents used by an agency to prepare and submit certain sealed bids; exemption no longer applies 3 months after the acceptance or rejection of the bid. Identical to SB 1252. Rep. Tony Hill (D-Jacksonville)

  • H. Governmental Operations Committee: Amendment adopted to stipulate that the exemption no longer applies once a contract is implemented or the decision is made to not implement the contract rather than the original 3 month time period; reported favorably as a CS.

HB 2045 Exemption for Joint Public-Private Development Proposals: Creates an exemption for proposals submitted for the lease of property for joint public-private development of Department of Transportation property; stipulates that such records shall become public at a specific time. Identical to SB 1854. Rep. Ed Healey (D-Palm Springs)

  • H. Governmental Operations Committee: Minor amendment adopted; reported favorably as a CS.

HB 2109 Exemption for Probable Cause Proceedings: Creates an exemption for certain information and records relating to the investigation of complaints against licensed mortgage brokers and mortgage lenders; also creates an exemption for probable cause proceedings. Identical to SB 2306. Rep. Buddy Johnson (R-Plant City)

  • H. Commerce/Banking & Corporations Subcommittee: Amended to also exempt any meeting or portion of a meeting of the Mortgage Brokerage and Mortgage Lending Board when the board addresses matters confidential by law and to close all records associated with closed meetings; reported favorably with 2 amendments.

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

  • S. Health Care Committee: A “strike everything” amendment to conform to CS/HB 1853 adopted; reported favorably as a CS.

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. Also Reddick (D-Orlando)

  • H. Governmental Operations Committee: Amendment stipulating that exemption applies only to records held by certain aviation authorities is adopted; amendment by Rep. Bill Posey (R-Rockledge) to delete exemption for home address and home telephone number of airport employees failed; reported favorably as a CS.

HB 2515 Exemption for Public Utility Records: Creates an exemption for identifying information of public utility customers when the customer requests in writing that such information be withheld and states that such information is not reasonably available from another source. Similar to SB 2200. Rep. Bob Casey (R-Gainesville)

  • H. Utilities & Telecommunications Committee: Two minor amendments adopted; reported favorably with 2 amendments.

HB 2523 Exemption for 911 Tapes: Expands the exemption in § 365.171, F.S., to exempt any 911 record, recording, or information. Similar to SB 1190. Rep. Shirley Brown (D-Sarasota)

  • H. Utilities & Telecommunications Committee: Amendment to exempt only the name, address, and telephone number of callers to 911 or persons requesting emergency services is adopted; reported favorably as a CS.

NEW BILLS FILED

FINANCIAL INFORMATION

SB 2996 Exemption for Municipal Audits: Creates an exemption for information received by a municipality or its agent in connection with certain audits, and stipulates that the exemption expires at a certain time. 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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