1997 Legislative Report for Period Ending March 21

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W Withdrawn from further consideration

For Period Ending: March 21

CS/HB 71 Shield Law: Creates a qualified privilege for the information obtained in news gathering by a “professional journalist”, stipulating that the journalist does not have to disclose the information unless the party seeking the information can show that (1) the information is relevant and material to unresolved issues; (2) the information is not available from other sources; and (3) a compelling interest exists for requiring disclosure. Similar to SB 304. Rep. Luis Rojas (R-Hialeah)

  • H. Civil Justice & Claims Committee: Amended to exclude book authors from the definition of “professional journalist” and thus from the protection of the law; reported favorably.

SB 174 Exemption for Victims and Witnesses: Creates an exemption for identifying and locating information of victims of and witness to crimes obtained in connection with victim and witness protection services. Identical to HB 181. Sen. Tom Rossin (D-West Palm Beach)

  • S. Criminal Justice Committee: One technical amendment adopted; reported favorably.

SB 394 Exemption for Individual Motor Vehicle 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; authorizes resale and redisclosure under certain conditions. Identical to HB 95. Sen. John Grant (R-Tampa)

  • S. Transportation Committee: Combined with CS/SB 2028; laid on table. See CS/SB 2028.

HB 605 Investigations/Health Care and Social Services Interns: Expands the current exemptions in §§ 455.225 and 455.261, F.S., for investigations of complaints against licensed health care and social services professionals to also include interns and provisional professionals. Identical to SB 660. Rep. Everett Kelly (D-Tavares)

  • H. Health Care Standards & Regulatory Reform Committee: Minor amendment adopted; reported favorably as a committee substitute.

SB 884 Medical Practitioner Records: Creates an exemption for any patient name or information identifying a patient obtained by the Department of Health for the purpose of compiling a practitioner profile. Also exempts other information obtained by the Department in the compilation of a practitioner profile until such profile is submitted to the public. Sen. Ginny Brown-Waite (R-Brooksville)

  • S. Health Care Committee: Amendment to subject exemption to the Open Government Sunset Review Act adopted; reported favorably.

SB 966 Florida Violent Crime Council: Creates the Florida Violent Crime Council within the Department of Law Enforcement; creates an exemption for those portions of meetings when the Council presents or discusses information concerning active criminal intelligence as defined by § 119.011, F.S. Also exempts portions of public records generated at the closed council meetings, and stipulates who may attend council meetings. Similar/identical to HB 493. Sen. Al Gutman (R-Miami)

  • S. Criminal Justice Committee: Reported favorably.

SB 1580 Exemption for Rabies Vaccination Certificates: 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. Identical to HB 1139. Sen. Charlie Bronson (R-Indian Harbour Beach)

  • S. Agriculture Committee: Amended to prohibit disclosure of rabies vaccination certificate information in the aggregate or in list form; allows inspection and copying of such certificates one certificate at a time; reported favorably (Dantzler voting no).

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. Sen. Jim Hargrett (D-Tampa)

  • S. Transportation Committee: Proposed committee substitute, which does not contain a provision for resale and redisclosure, to combine SB 2028 and SB 394 is adopted; reported favorably as a CS.

NEW BILLS

EXEMPTION REPEAL

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

SB 1420 Repeal/Exemption for Pawnbroker Transaction Records: Identical to HB 1415. Sen. Skip Campbell (D-Tamarac)

FEES

SB 718 State Financial Matters: In part, allows the Department of Management Services to collect fees for the use of its “electronic information services;” stipulates that the fees, at a minimum, must be sufficient to cover the cost of providing the service, including overhead. Similar to HB 1413. Sen. George Kirkpatrick (D-Gainesville)

SB 1413 State Financial Matters: Similar to SB 718. Rep. Alzo Reddick (D-Orlando)

HEALTH CARE INFORMATION

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)

INSURANCE INFORMATION

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. Identical to SB 364. Rep. Burt Saunders (R-Naples)

INVESTIGATIVE INFORMATION

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)

PUBLIC MEETINGS

SB 2160 Exemption for Advisory Committees: Creates an exemption to § 286.011, F.S., for meetings of an advisory committee established by any public agency or entity if the advisory committee does not have the power to bind the public agency and no more than one member of the public agency that created the advisory committee attends the closed meeting. Sen. Charles Williams (D-Live Oak)

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