1997 Legislative Report for Period Ending April 11

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W Withdrawn from further consideration

For Period Ending: April 11

CS/SB 364 Exemption for Department of Insurance: Expands the current exemption in § 408.7056, F.S., for identifying information of subscribers to the Statewide Provider and Subscriber Assistance Program contained in reports obtained by the Agency for Health Care Administration (AHCA) or the Department of Insurance (DOI) to include such information contained in documents or reports prepared or reviewed by the review panel. Also exempts records and meetings “that would specifically disclose the subscriber’s medical treatment or medical history.” Similar to HB 1437. Sen. Ginny Browne-Waite (R-Brooksville)

  • S. Health Care Committee: Amended to: include an exemption for reports and documents containing trade secret information that are reviewed or obtained by the review panel or the DOI; reinstate the meetings exemption if a provider or subscriber requests the closure and the DOI determines that information of a sensitive personal nature disclosing the subscriber’s medical treatment or history, trade secrets, or information relating to internal risk management programs will be revealed during the meeting; reported favorably as a CS for CS.

HB 403 Exemption for Drug Testing Information: Creates an exemption for certain identifying information concerning drug testing of applicants to and participants in WAGES, Medicaid, and other public assistance programs. Rep. Evelyn Lynn (R – Ormond Beach)

  • H. Children & Family Empowerment Committee: Not considered.

HB 511 Complaints/Managed Care Ombudsman Committee: Creates an exemption for patient records and identifying information of complainant involved in complaint to a statewide or district managed care ombudsman committee. Similar to SB 1634. Rep. John Rayson (D-Pompano Beach)

  • H. Health Care Standards & Regulatory Reform Committee: Reported favorably (unanimous).

CS/SB 514 Public Safety Information Act: Creates the Public Safety Information Act; authorizes state or local law enforcement agencies to release public criminal offender information that is not exempt from public disclosure under the Public Records Law. Similar to HB 1029. Sen. Locke Burt (R-Ormond Beach)

  • S. Governmental Reform & Oversight Committee: Amended in part, to stipulate that the provision allowing release of public record information on criminal offenders does not contravene § 943.053, F.S., relating to the method by which a copy of an offender’s rap sheet may be obtained, and to provide immunity from civil liability to any law enforcement agency releasing public records regarding criminal offenders; reported favorably as a CS for CS (unanimous).

SB 904 Exemption for Florida Surplus Lines Service Records: Creates an exemption for all information required to by filed with the Florida Surplus Lines Service Office by surplus lines agents. Sen. John Grant (R-Tampa)

  • S. Banking & Insurance Committee: Not considered.

HB 952 Public Hospital Records and Meetings: Amends § 395.3035, F.S., providing, in part, an exemption for public hospital written strategic plans, to include an exemption for votes by a public hospital’s governing board to adopt or modify such strategic plans. Also defines “strategic plan” to include: initiating or acquiring a new health service; acquiring or expanding additional facilities; changing all or part of the use of an existing facility or a newly acquired facility; acquiring, merging, or consolidating with another health care facility or health care provider; entering into a shared service arrangement with another health care provider; and marketing the services of the hospital and its ancillary facilities. Sen. Ginny Brown-Waite (R-Brooksville)

  • Senate: Withdrawn from further consideration.

HB 1105 Exemption for Videotaped Statements of Minors: Creates an exemption for the videotaped statements revealing personal identifying information about a minor who is the victim of certain specified crimes, including sexual battery, lewd acts, or other sexual misconduct. Identical to SB 1396. Rep. George Albright (R-Ocala)

  • H. Governmental Operations Committee: One minor amendment adopted; reported favorably as a CS (unanimous).

HB 1139 Exemption for Rabies Certificate Information: Creates an exemption for any information contained in a rabies vaccination certificate provided to the animal control authority; allows inspection of rabies vaccination certificate one certificate at a time and only in nonelectronic formats; prohibits the commercial solicitation of anyone identified by such information. Also prohibits the release of rabies certificate information if such information is to be used for commercial purposes; stipulates that violation of the prohibition is a civil penalty as provided in § 828.27(2), F.S. Similar to SB 1580. Rep. Bob Sindler (D-Apopka)

  • H. Governmental Operations Committee: Amended to prohibit disclosure of rabies certificate information in the aggregate or in list form; allows inspection and copying of such certificates one at a time; reported favorably (unanimous).

HB 1167 Exemption for Department of Corrections Personnel: Amends § 119.07(3)(I), F.S., to include licensed clinicians and educational personnel of the Department of Corrections in the exemption for home addresses and telephone numbers of various government employees. Also includes an exemption for records kept by the Agency for Health Care Administration (AHCA) in the same provision. Similar to SB 1322. Rep. Lindsay Harrington (R-Punta Gorda)

  • H. Corrections Committee: Amended to delete reference to AHCA records; reported favorably as a CS.

SB 1322 Exemption for Department of Corrections Personnel: Amends § 119.07(3)(I), F.S., to include licensed clinicians and educational personnel of the Department of Corrections in the exemption for home addresses and telephone numbers of various government employees. Also includes an exemption for records kept by the Agency for Health Care Administration. Similar to HB 1167. Sen. Al Gutman (R-Miami)

  • S. Governmental Reform & Oversight Committee: Amendment clarifying that exemption applies only to home address and telephone numbers for licensed clinicians and educational personnel of the DOC is adopted; reported favorably as a CS (unanimous).

SB 1396 Videotaped Statements of Minors: Creates an exemption for the videotaped statements revealing personal identifying information about a minor who is the victim of certain specified crimes, including sexual battery, lewd acts, or other sexual misconduct. Identical to HB 1105. Sen. Anna Cowin (R-Leesburg)

  • S. Governmental Reform & Oversight Committee: Amendment expanding the exemption to include the entire statement, not just the identifying information, and to apply to any agency that has the information, rather than the agency that regularly receives the information, is adopted; reported favorably as CS (unanimous).

HB 1415 Repeal/Exemption for Pawnbroker Transaction Records: In part, repeals the current exemption for pawnbroker transaction records. Similar to CS/SB 1420. Rep. Barry Silver (D-Boca Raton)

  • H. Business Regulation & Consumer Affairs Committee: Amendment to reinstate the exemption and stipulate that the exemption for pawnbroker transaction records does not prohibit the disclosure by law enforcement officials of certain information to the alleged owner of the pawned property is adopted; reported favorably as amended.

CS/SB 1420 Repeal/Exemption for Pawnbroker Transaction Records: Reinstates the exemption for pawnbroker transaction records, except that the bill, as amended, would allow law enforcement officials to release certain information to the alleged owner of the pawned property; other amendments adopted. Similar to HB 1415. Sen. Skip Campbell (D-Tamarac)

  • S. Agriculture Committee: Three minor amendments adopted; reported favorably.

HB 1433 Children and Family Services Records: Amends § 119.07(7), F.S., by providing for the release of records relating to investigations by the Department of Children and Family Services of the death of disabled adults, elderly person or children as a result of abuse, neglect, exploitation, or abandonment. Stipulates that a court must order that such records are exempt from disclosure if the Department or any person or organization shows a compelling interest requiring nondisclosure. Similar to CS/SB 888. Rep. Mary Brennan (D-Pinellas Park)

  • H. Children & Family Empowerment Committee: Temporarily postponed due to concerns raised by committee members (4/7); not considered (4/8).

HB 1437 Exemption for Department of Insurance: Expands the current exemption in § 408.7056, F.S., for identifying information of subscribers to the Statewide Provider and Subscriber Assistance Program contained in reports obtained by the Agency for Health Care Administration (AHCA) or the Department of Insurance (DOI) to include such information contained in documents or reports prepared or reviewed by the review panel. Also creates an exemption for meetings of the review panel if the subscriber who filed the grievance requests the closure and AHCA or DOI determines that sensitive or personal information may be reviewed. Similar to CS/SB 364. Rep. Burt Saunders (R-Naples)

  • H. Health Care Standards & Regulatory Reform Committee: Amendment allowing closure of meetings of the review panel if discussing sensitive or personal information disclosing a subscriber’s medical treatment or history, information constituting a trade secret, or information relating to internal risk management programs is adopted; reported favorably as a CS (unanimous).

CS/SB 1714 Exemption for Automobile Joint Underwriters & Reinsurers: Creates new exemptions for certain records and meetings of the Automobile JUA; stipulates that closed meetings be recorded, and that any transcript becomes public at a particular time. Similar to HB 1887. Sen. Charles Williams (D-Live Oak)

  • S. Governmental Reform & Oversight Committee: Amendment subjecting exemptions to the Open Government Sunset Review Act is adopted; reported favorably (unanimous).

CS/SB 2028 Driver History Records: Implements the federal Driver’s Privacy & Protection Act; creates an exemption for personal identifying information contained in motor vehicle records upon request by the person who is the subject of the record; provides certain exceptions; authorizes disclosure of driver history records under certain circumstances. Similar to CS/HB 95. Sen. Jim Hargrett (D-Tampa)

  • S. Governmental Reform & Oversight Committee: Amendments allowing access to exempt records by private investigators and process servers is adopted; reported favorably as a CS for CS (unanimous).

SB 2078 Disciplinary Proceedings/DBPR and DOH: Amends § 455.225(10), F.S., providing an exemption for complaints and investigations of licensed professionals, including physicians, by the Department of Business and Professional Regulation (DBPR) and the Department of Health (DOH), to stipulate that such information becomes public once the investigation ceases to be active. Also allows DBPR and DOH to disclose the existence of an active investigation in response to an inquiry about the licensure status of an individual under certain conditions. Identical to HB 1197. Sen. George Kirkpatrick (D-Gainesville)

  • S. Governmental Reform & Oversight Committee: Temporarily postponed at the request of the sponsor.

SB 2234 Exemption for Home Medical Equipment Suppliers: Stipulates that information about patients received by employees of a home medical equipment supplier or by the Agency for Health Care Administration (AHCA) is exempt from public disclosure; creates an exemption for criminal records, juvenile records, or abuse hotline information obtained by the employer or AHCA for determining the moral character of potential employees. Similar to HB 757. Sen. Ginny Brown-Waite (R-Brooksville)

  • S. Health Care Committee: Minor amendments adopted; reported favorably as a CS.

NEW BILLS FILED

BUSINESS AND COMMERCIAL INFORMATION

HB 1939 Exemption for Credit and Debit Card Numbers: Creates an exemption for credit and debit card account numbers in the possession of a state agency or a unit of local government. Similar to SB 1010. Rep. Bill Posey (R-Rockledge)

INSURANCE INFORMATION

SB 1714 Exemption for Automobile Joint Underwriters & Reinsurers: Creates new exemptions for certain records and meetings of the Automobile JUA; stipulates that closed meetings be recorded, and that any transcript becomes public at a particular time. Similar to HB 1887. Sen. Charles Williams (D-Live Oak)

HB 1887 Exemption for Automobile Joint Underwriters & Reinsurers: Similar to SB 1714. Rep. Randy Ball (R-Titusville)

HB 1941 Exemption for Risk-Based Capital Information: Creates an exemption for initial risk-based capital reports and adjusted reports, risk-based capital plans and revised plans, and working papers and reports of examination or analysis of an insurer performed pursuant to a plan or corrective order or regulatory action. Also exempts proceedings and hearings regarding such reports and plans. The exemptions terminate one year following the conclusion of any risk-based capital plan, or on the date of entry of an order of seizure, rehabilitation, or liquidation. Rep. Anne Mackenzie (D-Ft. Lauderdale)

SB 2480 Exemption for Workers’ Compensation Insurers: Creates an exemption for reports and recommendations germane to the solvency, liquidation, rehabilitation, or conservation of any member workers’ compensation insurer made by the Florida Worker’s Compensation Guaranty Association to the Department of Insurance. Also exempts negotiations held between a workers’ compensation insurer and the Association, and documents related to the negotiations revealing identifiable payroll and loss and individual claim information. Rep. Al Gutman (R-Miami)

INVESTIGATIVE INFORMATION

HB 1903 Investigations/Florida Lands Sales Division: Creates a limited exemption for information relating to investigations by the Florida Land Sales, Condominiums, and Mobile Homes Division, including consumer complaints. Stipulates that such information becomes public 10 days after a notice to show cause has been filed by the division, or if no notice is filed, when the investigation is complete or is no longer active. Similar to CS/SB 652. Rep. Larry Crow (R-Dunedin)

PERSONAL INFORMATION

HB 1945 Donors/Florida Endowment Foundation for Florida Graduates: Creates an exemption for donors to the Florida Endowment Foundation for Florida Graduates who desire to remain anonymous. Similar to SB 1812. Rep. Jerry Melvin (R-Ft. Walton Beach)

HB 1957 Exemption for WAGES Program: Creates an exemption for information identifying WAGES Program applicants and recipients participating in drug screening, testing, or treatment. Similar to HB 403. Rep. Joseph Arnall (R-Jacksonville Beach)

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Here’s the latest version of our Best and Worst list. If you have any questions, or want more information, please call Barbara Petersen at (800) 337-3518, or (904) 222-3518.

BEST

  1. CS/HB 71 and SB 304 The Shield Law
    Rep. Luis Rojas (R-Hialeah); Sen. Don Sullivan (R-Seminole)
  2. HB 465 and SB 886 Release of Photographs of Law Enforcement Personnel
    Rep. Mark Flanagan (R-Bradenton); Sen. Doc Myers (R-Stuart)
  3. CS/SB 888 and HB 1433 Children and Family Services Records
    Sen. Tom Rossin (D-West Palm Beach); Rep. Mary Brennan (D-Pinellas Park)
    CS/SB 888 is on the Senate Calendar.
  4. HB 1197 and SB 2078 Disciplinary Proceedings/DBPR and DOH
    Rep. Bill Sublette (R-Orlando); Sen. George Kirkpatrick (D-Gainesville)

WORST

  1. SB 220 Information Marketing Council
    Sen. George Kirkpatrick (D-Gainesville)
  2. SB 666 and HB 711 Personal Financial Records
    Sen. Al Gutman (R-Miami); Rep. Jack Tobin (D-Coconut Creek)
  3. HB 1139 and SB 1580 Rabies Vaccination Certificates
    Rep. Bob Sindler (D-Apopka); Sen. Charlie Bronson (R-Indian Harbour Beach)
  4. SB 1858 Local Government/Settlement of Suits
    Sen. Charles Williams (D-Live Oak)
  5. SB 2160 Exemption for Advisory Committee Meetings
    Sen. Charles Williams (D-Live Oak)
  6. SB 2350 and CS/HB 95 Fees for Driver History Records
    Sen. Bill Turner (D-Miami Shores); Rep. Sally Heyman (D-N. Miami Beach)

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