1997 Legislative Report for Period Ending March 28

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W Withdrawn from further consideration

For Period Ending: March 28

HB 95 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. Similar to CS/SB 2028. Rep. Sallie Heyman (D-N. Miami Beach)

  • H. Transportation & Economic Development Appropriations Committee: Amended to increase the fee from $3 to $5 for copies of driver history records; reported favorably as a CS (unanimous).

HB 99 Deepwater Ports and Nongovernment Entities: Creates a limited exemption for proposals and counter proposals 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 of a deepwater port. Also creates an exemption for financial records submitted by nongovernmental entities to such ports. Identical to SB 450. Rep. Lesley Miller, Jr. (D-Tampa)

  • House: Passed the House; referred to various Senate committees.

SB 354 Foster Care Licensees: Creates an exemption for identifying information and certain other information contained in files that pertain to the licensure of family foster homes, residential child-care agencies, and child-placement agencies. Sen. Jim Hargrett (D-Tampa)

  • S. Governmental Reform & Oversight Committee: Reported favorably (unanimous).

CS/HB 493 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 to SB 966. Rep. Bob Sindler (D-Apopka)

  • House: Available for Consent Calendar.

SB 660 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 HB 605. Sen. Betty Holzendorf (D-Jacksonville)

  • S. Governmental Reform & Oversight Committee: One technical amendment adopted; reported favorably (4/3).

HB 757 Exemption for Home Medical Equipment Supplier: 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 unless the patient or patient’s guardian agrees to the disclosure in writing. Requires home medical equipment supplier to screen all prospective employees, and creates an exemption for criminal records, juvenile records, or abuse hotline information obtained by the employer or AHCA for determining the moral character of such employees. Similar to SB 2234. Rep. Steven Geller (D-Hallandale)

  • H. Health Care Standards & Regulatory Reform Committee: “Strike everything” amendment to enhance constitutionally required necessity language is adopted; reported favorably as a CS (unanimous).

CS/SB 888 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 HB 1433. Sen. Tom Rossin (D-West Palm Beach)

  • S. Governmental Reform & Oversight Committee: Reported favorably (unanimous).

HB 901 Employee Assistance Program: Revises a provision exempting records and communications relating to a state employee’s participation in employee assistance programs. Also creates a similar exemption for county and municipal employees. Similar to SB 1832. Rep. Margo Fischer (D-St. Petersburg)

  • H. Governmental Operations Committee: Amended to stipulate that the routine monitoring of employee telephone calls does not violate the exemption; reported favorably as a CS (unanimous).

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 to CS/HB 493. Sen. Al Gutman (R-Miami)

  • S. Governmental Reform & Oversight Committee: Reported favorably.

SB 1420 Repeal/Exemption for Pawnbroker Transaction Records: In part, repeals the current exemption for pawnbroker transaction records. Identical to HB 1415. Sen. Skip Campbell (D-Tamarac)

  • S. Governmental Reform & Oversight Committee: Amended, in part, to reinstate 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; reported favorably as a CS.

w SB 1656 Exemption for Child Abuse Reports: Creates an exemption for all records concerning reports of child abuse or neglect, including reports made to the central abuse hotline and all records generated as a result of such reports. Stipulates that, except for individual identifying information, records involving the death of a child as the result of abuse or neglect must be released to the public within 10 days after the completion of the investigation. Sen. John Ostalkiewicz (R-Orlando)

  • Withdrawn from further consideration.

NEW BILLS FILED

FEES

SB 2350 Fees for Driver History Records: Increases fees the Department of Highway Safety and Motor Vehicles may charge for copies of driver history records, from $2.00 to $3.00 for a three year transcript, and from $3.00 to $5.00 for a seven year transcript. Similar to CS/HB 95. Sen. Bill Turner (D-Miami Shores)

FINANCIAL INFORMATION

HB 1613 Exemption for Housing Assistance Information: Creates an exemption for medical history records, bank account numbers, credit card numbers, telephone numbers, and information related to health or property insurance furnished by an individual to any agency pursuant to federal, state, or local housing assistance programs. Similar to SB 240. Rep. Mandy Dawson-White (D-Ft. Lauderdale)

HEALTH CARE INFORMATION

HB 1685 Public Hospital Records and Meetings: Amends § 395.3035, F.S., allowing a public hospital board to close meetings to discuss written strategic plans, to include a definition of “strategic plan”. Similar to SB 952. Rep. Sandy Murman (D-Tampa)

INVESTIGATIVE INFORMATION

HB 1197 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 SB 2078. Rep. Bill Sublette (R-Orlando)

SB 2078 Disciplinary Proceedings/DBPR and DOH: Identical to HB 1197. Sen. George Kirkpatrick (D-Gainesville)

PERSONAL INFORMATION

HB 1637 Domestic Violence/Confidentiality: Creates the Address Confidentiality Program for Victims of Domestic Violence; allows a victim of domestic violence to apply to the Secretary of State to have an address designated by the Secretary as the victim’s address of record; allows the victim to request that state and local agencies use the designated address in all public records; stipulates that the Secretary may not disclose the victim’s actual address. Similar to SB 946. Rep. Tony Hill (D-Jacksonville)

HB 1639 Exemption for Victims of Domestic Violence: Creates an exemption for certain personal information about participants in the Address Confidentiality Program for Victims of Domestic Violence. Identical to SB 1292. Rep. Tony Hill (D-Jacksonville)

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Here’s the revised Best and Worst List for the 1997 Legislative Session, taking into account new bills filed, bills withdrawn, and amendments adopted. If you want more information on any of these, please call us at (800) 337-3518 or (904) 222-3518.

🙂 BEST 🙂

  1. CS/HB 71 and SB 304, The Shield Law
  2. HB 465 and SB 886, Release of Photographs of Law Enforcement Personnel
  3. CS/SB 888 and HB 1433, Children and Family Services Records
  4. HB 1197 and SB 2078, Disciplinary Proceedings/DBPR and DOH

🙁 WORST 🙁

  1. SB 220, Florida Information Council
  2. SB 666 and HB 711, Personal Financial Records
  3. HB 1139 and SB 1580, Rabies Vaccination Certificates
  4. SB 1858, Local Government/Settlement of Suits
  5. SB 2160, Exemption for Meetings of Advisory Committees

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