1997 Legislative Session Final Report for Period Ending May 2

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W Withdrawn from further consideration

FINAL REPORT
For Period Ending: May 2

Rather than do our usual–report all the action on each bill on our tracking list–we thought it would be more useful and informative if we told you what happened to each bill. What follows is a list of the bills we tracked during the 1997 Legislative Session, and the final action on each. On page 7, you will find a description of each bill that passed. One important note: Under new House rules, any House bill left pending at the close of the 1997 Session is automatically rolled over to 1998. Under Senate rules, however, all pending Senate bills died at Friday’s close.

Final Action/Open Government Bills
1997 Legislative Session

House Bills

CS/HB 37 Genetic Testing

  • Passed the Legislature.

HB 39 Fees/Clerks of the Court

  • Withdrawn from consideration.

CS/HB 71 Shield Law

  • Carried over to 1998; in H. Civil Justice & Claims Committee.

CS/HB 95 Driver History Records

  • Passed the Legislature.

HB 99 Deepwater Ports

  • Passed the Legislature.

CS/HB 181 Victims and Witnesses

  • Passed the Legislature.

CS/HB 393 Public Safety Information Act

  • Carried over to 1998; on Governmental Responsibility Council Calendar.

HB 465 Exemption for Photographs of Law Enforcement

  • Carried over to 1998; in H. Law Enforcement & Public Safety Committee.

CS/HB 493 Florida Violent Crime Council

  • Passed the Legislature.

HB 511 Complaints/Managed Care Ombudsman Committee

  • Carried over to 1998; in H. Governmental Operations Committee.

CS/HB 605 Investigations/Health Care and Social Services Interns

  • Passed the Legislature.

HB 711 Exemption for Housing Finance Authority/Personal Financial Records

  • Carried over to 1998; in H. Financial Services Committee.

CS/HB 757 Exemption for Home Medical Equipment Supplier

  • Carried over to 1998; in H. Governmental Operations Committee.

CS/HB 901 Employee Assistance Program Records

  • Carried over to 1998; on H. Consent Calendar.

HB 1029 Release of Information/Criminal Offenders

  • Withdrawn from consideration.

CS/HB 1105 Exemption for Videotaped Statements of Minors

  • Carried over to 1998; on H. Consent Calendar.

HB 1139 Exemption for Rabies Vaccination Certificates

  • Carried over to 1998; on H. Consent Calendar.

HB 1153 Environmental Improvement Program

  • Carried over to 1998; introduced, not referred.

CS/HB 1167 Exemption for Department of Corrections Personnel

  • Carried over to 1998; on H. Consent Calendar.

HB 1197 Disciplinary Proceedings/DBPR and DOH

  • Carried over to 1998; in H. Business Regulation & Consumer Affairs Committee.

HB 1413 State Financial Matters

  • Passed the Legislature.

HB 1415 Repeal/Exemption for Pawnbroker Transaction Records

  • Carried over to 1998; on Economic Impact Council Calendar.

HB 1433 Children & Family Services Records

  • Carried over to 1998; in H. Governmental Operations Committee.

CS/HB 1437 Grievance/Complaints – Dept. of Insurance

  • Carried over to 1998; on H. Consent Calendar.

HB 1613 Housing Authority

  • Carried over to 1998; on H. Consent Calendar.

CS/HB 1637 Domestic Violence/Confidentiality

  • Carried over to 1998; in H. Law Enforcement & Public Safety Committee.

CS/HB 1639 Exemption for Victims of Domestic Violence

  • Carried over to 1998; in H. Law Enforcement & Public Safety Committee.

HB 1685 Public Hospital Records & Meetings

  • Withdrawn from consideration.

HB 1849 Foster Care Licensees

  • Carried over to 1998; in H. Children & Family Empowerment Committee.

HB 1887 Automobile Joint Underwriters Association

  • Carried over to 1998; in H. Governmental Operations Committee.

HB 1903 Exemption for Florida Land Sales Division

  • Carried over to 1998; in H. Governmental Operations Committee.

HB 1939 Exemption for Debit and Credit Card Numbers

  • Carried over to 1998; on H. Consent Calendar.

HB 1941 Exemption for Risk-Based Capital Information

  • Carried over to 1998; on Governmental Responsibility Council Calendar.

HB 1945 Donors/Florida Endowment Foundation for Florida Graduates

  • Carried over to 1998; on H. Consent Calendar.

HB 1957 Exemption for WAGES Program

  • Carried over to 1998; on H. Consent Calendar.

HB 1995 Exemption for Medical Practitioner Records

  • Carried over to 1998; in H. Health Care Standards & Regulatory Reform Committee.

Senate Bills

SB 174 Victims and Witnesses

  • Laid on table; CS/HB 181 substituted. See CS/SB 181.

SB 220 Florida Information Council

  • Died in S. Governmental Reform & Oversight Committee.

SB 240 Housing Authority

  • Died on S. Special Order Calendar.

SB 304 Shield Law

  • Died in S. Judiciary Committee.

SB 354 Foster Care Licensees

  • Passed the Senate; died in H. Messages.

CS/CS/SB 364 Grievance/Complaints – Dept. of Insurance

  • Died on Special Order Calendar.

SB 394 Driver History Records

  • Withdrawn from consideration.

SB 450 Deepwater Ports

  • Laid on table; HB 99 substituted. See HB 99.

CS/CS/SB 514 Release of Information/Criminal Offenders

  • Passed the Senate; died in H. Messages.

SB 652 Exemption for Florida Land Sales Division

  • Died on S. Calendar.

SB 660 Investigations/Health Care and Social Services Interns

  • Laid on table; CS/HB 605 substituted. See CS/HB 605.

SB 666 Housing Finance Authority/Personal Financial Records

  • Died in S. Community Affairs Committee.

CS/SB 718 State Financial Matters

  • Laid on table; CS/HB 1413 substituted. See CS/HB 1413.

SB 884 Exemption for Medical Practitioner Records

  • Passed the Legislature.

SB 886 Exemption for Photographs of Law Enforcement

  • Withdrawn from consideration.

CS/SB 888 Children and Family Services Records

  • Died on S. Consent Calendar.

CS/SB 904 Exemption for Risk-Based Capital Information

  • Passed the Legislature.

CS/SB 946 Domestic Violence/Confidentiality

  • Died on S. Special Order Calendar.

SB 952 Public Hospital Records & Meetings

  • Withdrawn from consideration.

SB 958 Public Safety Information Act

  • Passed the Legislature.

SB 966 Florida Violent Crime Council

  • Laid on table; CS/HB 493 substituted. See CS/HB 493.

SB 1010 Exemption for Credit and Debit Card Numbers

  • Died on S. Calendar.

SB 1292 Exemption for Victims of Domestic Violence

  • Died on S. Special Order Calendar.

CS/SB 1322 Exemption for Department of Corrections Personnel

  • Died on S. Calendar.

CS/SB 1396 Exemption for Videotaped Statements of Minors

  • Died on S. Calendar.

CS/SB 1420 Repeal/Exemption for Pawnbroker Transactions Records

  • Passed the Legislature.

SB 1480 Environmental Improvement Program

  • Died in S. Natural Resources Committee.

SB 1580 Exemption for Rabies Vaccination Certificates

  • Died on S. Calendar.

SB 1634 Complaints/Managed Care Ombudsman Committee

  • Passed the Legislature.

SB 1656 Exemption for Child Abuse Reports

  • Withdrawn from consideration.

CS/SB 1714 Exemption for Automobile Joint Underwriters and Reinsurers

  • Died on S. Committee.

SB 1768 County Staff/Closed Litigation Sessions

  • Died in S. Community Affairs Committee.

SB 1812 Donors/Florida Endowment Foundation for Florida Graduates

  • Died on S. Special Order Calendar.

CS/SB 1832 Employee Assistance Program Records

  • Died on S. Calendar.

CS/SB 1850 Genetic Testing

  • Laid on table; CS/HB 37 substituted. See CS/HB 37.

SB 1858 Local Government/Settlement of Suits

  • Died in S. Community Affairs Committee.

CS/CS/SB 2028 Driver History Records

  • Laid on table; CS/HB 95 substituted. See CS/HB 95.

SB 2078 Disciplinary Proceedings/DBPR and DOH

  • Died in S. Governmental Reform & Oversight Committee.

CS/SB 2234 Exemption for Home Medical Equipment Supplier

  • Died in S. Governmental Reform & Oversight Committee.

SB 2350 Fees for Driver History Records

  • Withdrawn from consideration.

SB 2430 Personal Financial Information/Housing Assistance Award Applicant

  • Died on S. Calendar.

SB 2444 Background Screening Information/Direct Care Personnel

  • Died on S. Calendar.

SB 2480 Exemption for Workers’ Compensation Insurers

  • Died in S. Banking & Insurance Committee.

Open Government Bills Passed in 1997 Legislative Session

  1. CS/HB 37 Genetic Testing: In part, prohibits the release of genetic testing results without the written consent of the person tested. Rep. Tracy Stafford (D-Ft. Lauderdale) DOES NOT CREATE A NEW EXEMPTION
  2. CS/HB 95 Driver History Records: Implements the federal Driver’s Privacy & Protection Act, creating 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, and authorizes disclosure of driver history records under certain circumstances. Also increases fees from $3.00 to $3.10 for copies of driver history records. Rep. Sallie Heyman (D-N. Miami Beach)
  3. HB 99 Deepwater Ports: 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. Rep. Lesley Miller, Jr. (D-Tampa)
  4. CS/HB 181 Victims and Witnesses: Creates an exemption for identifying and locating information of victims of and witnesses to crimes obtained in connection with victim and witness protection services. Rep. Addie Greene (D-West Palm Beach)
  5. CS/HB 269 Surplus Lines Insurance: Establishes the Florida Surplus Lines Service Office, requiring the office to collect service fees from surplus lines agents. Also stipulates that information furnished to the Department of Insurance is exempt from public disclosure under § 119.07(1), F.S., if the disclosure of the information would reveal a trade secret. Rep. Stan Bainter (R-Eustis) NOTE: This bill was not on our original tracking list, and may violate the single subject requirement for exemptions to the Public Records Law found in Article I, section 24 of the Florida Constitution.
  6. 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. Stipulates that the Council chairman must announce the need to close a meeting at a public meeting; limits who may attend the closed meetings; and requires that closed meetings be recorded, stipulating that the tape recording becomes public at a specific time. Also exempts portions of public records generated at the closed council meetings. Rep. Bob Sindler (D-Apopka)
  7. CS/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. Amendments adopted by H. Government Operations Committee creating an exemption for all information and records generated by the Department of Health related to consumer complaints, investigations or prosecutions FAILED on the House floor. Rep. Everett Kelly (D-Tavares)
  8. 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)
  9. CS/SB 904 Risk-Based Capital Insurance 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. Stipulates that 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. Amended on the Senate floor to expand the exemption in § 112.324(1), F.S., for the Ethics Commission to include the Commission on Ethics and Public Trust established by a county. (This amendment, offered by Sen. Mario Diaz-Balart, may violate the single subject requirement in Article I, section 24 of the Florida Constitution.) Sen. John Grant (R-Tampa)
  10. SB 958 Public Safety Information Act: In part, authorizes state or local law enforcement agencies to release public criminal offender information that is not exempt from public disclosure. Sen. Locke Burt (R-Ormond Beach) DOES NOT CREATE A NEW EXEMPTION
  11. HB 1413 State Financial Matters: In part, authorizes the Department of Management Services to collect fees for the use of its “electronic information services,” stipulating that the fees must be in accordance with § 119.085, F.S. Rep. Alzo Reddick (D-Orlando) DOES NOT CREATE A NEW EXEMPTION
  12. CS/SB 1420 Pawnbroker Transaction Records: In part, amends the exemption for pawnbroker transaction records to allow law enforcement officials to release certain information to the alleged owner of the pawned property. Sen. Skip Campbell (D-Tamarac) DOES NOT CREATE A NEW EXEMPTION
  13. SB 1634 Complaints/Managed Care Ombudsman Committee: Creates an exemption for patient records and identifying information of a complainant involved in a complaint to a statewide or district managed care ombudsman committee. Also exempts those portions of meetings where patient records and information identifying a complainant are discussed. Sen. John Grant (R-Tampa)

So, of the 13 bills that passed, only 9 create new exemptions to either the Public Records Law or the Sunshine Law. That’s a few more than last year, but not near our previous average of 25 new exemptions per year. Best of all, not one of the bills on our Opposition List passed. Thanks for all your support and interest–again, we couldn’t have done it without you!

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