1998 Legislative Report for Period Ending April 17

Symbol Meaning
Current action
CS Committee Substitute
P Passed both Chambers
W Withdrawn from further consideration
97 Bills carried over from 1997 Session

For Period Ending: April 17

SB 108 Exemption for Foster Care Licensees: Creates a public records exemption for certain, specified information contained in a foster family licensing file, including home, business and school addresses; telephone numbers; social security numbers; and any identifying information in neighbor references. The exemption also applies to foster parents who become adoptive parents. Similar to CS/HB 1849. Sen. Jim Hargrett (D-Tampa)

  • Senate: Laid on table; CS/HB 1849 substituted. See CS/HB 1849.

p SB 112 Exemption for Employee Assistance Program Records: Creates a public records exemption for all records and communications concerning a state, municipal, or county employee’s participation in an employee substance abuse program. Similar to CS/HB 901. Sen. Jack Latvala (R-Palm Harbor)

  • Became law without Governor’s signature; chapter no. 98-8.

SB 166 AHCA/Provider & Subscriber Assistance Panel Records & Meetings: Creates a public records exemption for subscriber identifying information contained in records prepared or reviewed by a provider and subscriber assistance panel of the Agency for Health Care Administration (AHCA). Also allows partial closure of meetings of the panel if the provider or subscriber whose grievance is to be heard requests a closed meeting and AHCA or the Department of Insurance determines that sensitive personal information, trade secret information, or information related to internal risk management programs may be revealed at the meeting. Requires that the closed portions of the meeting be recorded by a certified court reporter. Similar to CS/HB 1437. Sen. Ginny Brown-Waite (R-Brooksville)

  • Senate: Laid on table; CS/HB 1437 substituted. See CS/HB 1437.

SB 292 Exemption for Home Medical Equipment Suppliers: Creates a public records exemption for information about patients of a home medical equipment supplier received by persons employed by or providing services to a home medical equipment supplier. Also creates an exemption for information obtained in connection with the required background screening of home medical equipment supplier employees. Identical to CS/CS/HB 757. Sen. Ginny Brown-Waite (R-Brooksville); Howard Forman (D-Hollywood).

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

SB 316 AHCA/Exemption for Notification of Adverse Incidents: Creates an exemption for information contained in notifications of adverse incidents reported to AHCA. Also stipulates that such information is not discoverable or admissible in civil or administrative actions. Similar to CS/HB 3311. Sen. Ginny Brown-Waite (R-Brooksville)

  • S. Governmental Reform & Oversight Committee: Amendment conforming to House companion is adopted; reported favorably with one amendment.

p SB 348 Exemption for Video-Taped Statements of Minors: Creates a public records exemption for the information identifying minors who are the victims of certain, specified sexual crimes in their video-taped statements. Similar to CS/HB 1105. Sen. Anna Cowin (R-Leesburg), and others.

  • Became law without the Governor’s signature; chapter no. 98-9.

SB 806 Investigations/Florida Land Sales Division: Stipulates that information relative to an investigation by the Florida Land Sales Division is exempt from the Public Records Law until 10 day after a notice to show cause has been filed, or until the investigation is complete or ceases to be active. Provides that consumer complaints relative to such investigations remain exempt under certain, specified conditions. Identical to CS/HB 1903. Sen. Fred Dudley (R-Cape Coral)

  • Senate: Laid on table; CS/HB 1903 substituted. CS/HB 1903 on 3rd reading.

CS/CS/SB 1044 Public Hospital Lease: Stipulates that (1) a private corporation leasing a public hospital is not subject to the Public Records Law and Sunshine Law unless the public hospital’s governing board was involved in the formation of the private corporation, or more than one third of the private corporation’s governing board are also members of the public hospital’s governing board; and (2) that any exempt private corporation is subject to the requirements of § 155.40(5), F.S., relating to accountability for the expenditure of public funds. Applies to existing and future leases. Similar to CS/HB 3585; similar to SB 748. Sen. Charles Williams (D-Live Oak)

  • S. Governmental Reform & Oversight Committee: A “strike everything” amendment stipulating that the records of a private corporation leasing a public hospital and meetings of its governing board are exempt when the public hospital complies with the public finance accountability provisions of § 155.40(5), F.S., with respect to the transfer of any public funds to the private corporation leasing the public hospital, and when the private corporation meets at least three of the five following criteria: (1) the public hospital was not the incorporator of the private corporation; (2) the public hospital and the private corporation do not commingle any of their funds; (3) the private corporation does not participate in the decision-making process of the public hospital; (4) the lease agreement does not expressly require the private corporation to comply with the requirements of the Public Records Law and Open Meetings Law; and (5) the public hospital is not entitled to any revenues from the private corporation, except for rent or administrative fees, and the public hospital is not responsible for the debts or other obligations of the private corporation, is adopted. Reported favorably as a CS.

CS/SB 1180 Exemption for Guardianship Office Records: Stipulates that any confidential or exempt information provided to the Statewide Public Guardianship Office shall remain confidential and exempt. Also creates a public records exemption for an individual’s medical, financial, or mental health records, providing that such records may not be publicly disclosed in such a manner so as to identify the individual. Similar to CS/HB 3925. Sen. Howard Forman (D-Hollywood)

  • S. Judiciary Committee: Amendment changing the exemption from information identifying an individual to records “relating to the medical, financial, or mental health of vulnerable citizens,” including elderly persons, disabled adults, or persons with a developmental disability or mental illness, is adopted. Reported favorably as a CS.

CS/SB 1230 Florida Kids Health Program Exemption: Creates a public records exemption for any information contained in an application for determination of eligibility for the Florida Kids Health Program that would identify the applicants, including medical information and family financial information, and for any information obtained through quality assurance activities and patient satisfaction surveys which identifies program participants. No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

  • S. Governmental Reform & Oversight Committee: Two minor amendments adopted; reported favorably.

CS/SB 1408 Exemption for Worker’s Compensation Records: Creates a public records exemption for investigatory records of the Division of Workers’ Compensation are exempt until the investigation is completed or ceases to be active, unless the records would reveal certain, specified information. No House companion. Sen. Charlie Clary (R-Destin)

  • Senate: Passed the Senate (35/0).

p CS/HB 1437 AHCA/Provider & Subscriber Assistance Panel Records & Meetings: Creates a public records exemption for subscriber identifying information contained in records prepared or reviewed by a provider and subscriber assistance panel of the Agency for Health Care Administration (AHCA). Also allows partial closure of meetings of the panel if the provider or subscriber whose grievance is to be heard requests a closed meeting and AHCA or the Department of Insurance determines that sensitive personal information, trade secret information, or information related to internal risk management programs may be revealed at the meeting. Similar to SB 166. H. Health Care Standards & Regulatory Reform; Rep. Burt Saunders (R-Naples)

  • Senate: Substituted for SB 166; passed the Senate (38/0). Passed the Legislature.

SB 1738 Exemption for Florida Graduates Program: Creates a public records exemption for the identity of donors to the Florida Graduates Program who desire to remain anonymous. Nearly identical to HB 1945. Sen. Jim Horne (R-Orange Park)

  • S. Governmental Reform & Oversight Committee: One minor amendment adopted; reported favorably.

SB 1776 Public Notification/Sexual Predators: Stipulates that within 48 hours of receiving notice of the temporary or permanent residence of a sexual predator in the community, the sheriff or chief of police must notify all day care centers, elementary schools, middle schools and high schools within the proximity of the sexual predator’s residence. Identical to HB 3737. Sen. Betty Holzendorf (D-Jacksonville)

  • S. Criminal Justice Committee: Two minor amendments adopted; reported favorably.

HB 1957 Exemption for WAGES Program: Creates a public records exemption for information identifying applicants to the WAGES Program or recipients of WAGES Program services. No Senate companion. Rep. Joseph Arnall (R-Jacksonville Beach)

  • House: One technical amendment adopted; passed the House as amended (91/18). In Senate Messages.

p CS/HB 1849 Exemption for Foster Care Licensees: Creates a public records exemption for certain, specified information contained in a foster family licensing file, including home, business and school addresses; telephone numbers; social security numbers; and any identifying information in neighbor references. The exemption also applies to foster parents who become adoptive parents. Nearly identical to SB 108. H. Children & Family Empowerment; Reps. Carlos Lacasa (R-Miami); Rep. Sandy Murman (R-Tampa)

  • Senate: Substituted for SB 108; passed the Senate (38/0). Passed the Legislature.

HB 3121 Public Records Access by Inmates: Prohibits an inmate or offender in the correctional system or under correctional supervision from disclosing or using personal information about another with the intent to obtain a benefit or with the intent to harm or defraud another. A violation of the prohibition is a third degree felony. Similar to SB 1556. Rep. Randy Mackey (D-Lake City)

  • H. Corrections Committee: Amendment to prohibit an inmate or offender in the correctional system or under correctional supervision from disclosing or using personal information about health care clinicians, educational personnel and other state officers or employees whose duties are performed in whole or in part in the state correctional system with the intent to obtain a benefit, or to harm, harass, or defraud, is adopted. Reported favorably with two amendments.

CS/CS/HB 3209 Exemption for Social Workers: Amends the exemption (§ 455.621, F.S.) for investigations into complaints by AHCA and the Department of Health to also include licensed master social workers and licensed bachelor social workers. Also amends the exemption (§ 455.707, F.S.) for participation in treatment programs for impaired practitioners to include such social workers. Similar to CS/SB 870. Rep. Stephen Wise (R-Jacksonville)

  • House: Passed the House (115/0)

CS/HB 3311 AHCA/Exemption for Notification of Adverse Incidents: Creates an exemption for information contained in notifications of adverse incidents reported to AHCA. Also stipulates that such information is not discoverable or admissible in civil or administrative actions. Nearly identical to SB 316. H. Health Care Standards & Regulatory Reform; Rep. Burt Saunders (R-Naples)

  • House: Passed the House (117/0).

w HB 3317 Exemption for Art Therapists: Amends the exemption (§ 455.621, F.S.) for investigations into complaints by AHCA and the Department of Health to also include art therapists, registered art therapists, and provisional art therapists. Also amends the exemption (§ 455.707, F.S.) for participation in treatment programs for impaired practitioners to include such art therapists. Identical to SB 850. Rep. John Cosgrove (D-Miami)

  • House: Withdrawn from further consideration.

CS/HB 3585 Private Corporations/Public Hospital Lease: Stipulates that a private corporation leasing a public hospital or other public health care facility is not a “person acting on behalf of” the public hospital or other public health care facility for the purposes of constitutional guarantee of access to the records and meetings of government agencies and any private agency doing business on behalf of a government agency (Art. I, s. 24, Fla. Con.). Similar to CS/SB 1044. Rep. Durell Peaden (R-Crestview)

  • House: Passed the House (112/0).

HB 3737 Public Notification/Sexual Predators: Stipulates that within 48 hours of receiving notice of the temporary or permanent residence of a sexual predator in the community, the sheriff or chief of police must notify all day care centers, elementary schools, middle schools and high schools within the proximity of the sexual predator’s residence. Identical to SB 1176. Rep. Tony Hill (D-Jacksonville)

  • House: Passed the House (117/0).

HB 3887 Exemption for Child Abuse and Neglect Records: Creates a public records exemption for records relating to child abandonment by expanding the current exemption in § 415.51, F.S., for all records of the Department of Children, Families and Seniors concerning child abuse or neglect. Also stipulates that, except for information identifying individuals, all records involving the death of a child determined to be a result of abuse, abandonment, or neglect shall be released to the public within 10 days of the completion of the investigation. No Senate companion. Rep. Evelyn Lynn (R-Ormond Beach)

  • House: Passed the House (116/0).

CS/HB 3925 Exemption for Guardianship Office Records: Stipulates that any confidential or exempt information provided to the Statewide Public Guardianship Office shall remain confidential and exempt. Also creates a public records exemption for an individual’s medical, financial, or mental health records, providing that such records may not be publicly disclosed in such a manner so as to identify the individual. Similar to CS/SB 1180. H. Real Property & Probate; Rep. Larry Crow (R-Dunedin)

  • House: Passed the House (114/0).

HB 4109 County Clerks Public Records Access Act: Stipulates that the clerks of court of each county must provide Internet access no later than December 31, 1999, without additional charge or obligation to the public, to the following public records and information: deeds, mortgages, tax liens, and real property transactions; minute of county commission meetings and agendas of future meetings; marriage licenses and orders of dissolution of any marriage; all final judgments; information to assist domestic violence victims; information assisting in obtaining child support and alimony; jury service information; and a listing of all felony criminal sentences imposed in the preceding year. Similar to CS/SB 1604. Rep. Victor Crist (R-Temple Terrace)

  • H. Governmental Operations Committee: Amended to stipulate that county clerks must make certain, specified information available on the Internet by January 1, 2001, at no cost to the public, and to allow funds for providing Internet access from the Highway Safety Operating Trust Fund under the Uniform Civil Court and Traffic Citation Accounting System is adopted; reported favorably.

CS/HB 4123 Nursing Home Employees: Creates a public records exemption for criminal records, juvenile records, or abuse registry information obtained by the Agency for Health Care Administration in connection with background screening of nursing home employees. No Senate companion. H. Committee on Elder Affairs; Rep. Bob Brooks (R-Winter Park)

  • House: Passed the House (116/0).

HB 4385 Florida Partnership for Children First: Creates a public records exemption for information identifying a child or a child’s family obtained by the Florida Partnership for Children First; allows release of such information upon written consent of the child’s parent or guardian. No Senate companion. Rep. Cynthia Chestnut (D-Gainesville)

  • House: Passed the House (83/26); in Senate Messages.

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Bills will really start to fly next week [the House passed seven (7!) new exemptions on Thursday, 16 April], and there are a large number of open government bills poised to pass both chambers. We will hold next week’s report until the latest possible moment, so that we can keep you up-to-date. For those of you with Internet access, our weekly reports are generally posted by late Thursday afternoon or early Friday morning, so check our website at www.FloridaFaF.org. From our site you can also connect to On-Line Sunshine for the most current bill information.

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