1998 Legislative Session Final Report for Period Ending May 1

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W Withdrawn from further consideration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

FINAL REPORT
For Period Ending: May 1

What follows is a list of all the bills we tracked during the 1998 Legislative Session, and the final action on each bill. On page 8, you will find a detailed description of each bill that passed the 1998 Legislature.

Final Action/Open Government Bills
1998 Legislative Session

Senate Bills

SB 108 Foster Care Licensees

  • Tabled; CS/CS/HB 1849 substituted. See CS/CS/HB 1849.

p SB 112 State Ee Assistance Program

  • Passed the Legislature. Became law w/o the Governor’s signature. Ch. No. 98-8

SB 116 Exempt/Domestic Violence

  • Tabled; CS/HB 1639 substituted. See CS/HB 1639.

CS/SB 118 Domestic Violence Program

  • Tabled; CS/HB 1637 substituted. See CS/HB 1637.

CS/SB 140 Housing Assistance Program

  • Tabled; CS/HB 1613 substituted. See CS/HB 1613.

p SB 150 Journalist’s Privilege

  • Passed the Legislature. Ordered enrolled.

SB 166 AHCA/Managed Care Complaints

  • Tabled; CS/HB 1437 substituted. See CS/HB 1437.

SB 198 Lethal Injection Records

  • Laid on table; CS/HB 3053 substituted. See CS/HB 3053.

SB 260 Confidentiality/Medical Records

  • Died on S. calendar.

SB 292 Home Med. Equip. Supplier

  • Tabled; CS/HB 757 substituted. See CS/HB 757.

SB 316 AHCA/Adverse Incident

  • Tabled; CS/CS/HB 3311 substituted. See CS/CS/HB 3311.

p SB 348 Statements of Minors

  • Passed the Legislature. Became law w/o Governor’s signature. Ch. No. 98-9

SB 364 Medical Records/Meetings

  • Passed the Senate; died in H. Messages.

SB 424 Violent Offenders/Public Notices

  • Died in S. Criminal Justice Committee.

SB 468 Cmnty Hosp. Protection Act

  • Died in S. Health Care Committee.

SB 472 Veterinary Medical Practice

  • Passed the Senate; died in H. Messages.

CS/SB 506 Children & Family Services

  • Tabled; CS/HB 1433 substituted. See CS/HB 1433.

w SB 556 Delinquent Personal Property Taxes

  • Withdrawn from consideration.

SB 746 Automobile JUA

  • Tabled; CS/HB 1887 substituted. See CS/HB 1887.

SB 748 Private Corps/Leasing Hospitals

  • Died in S. Health Care Committee.

CS/SB 758 State University System

  • Died on S. Calendar.

SB 806 Fla Land Sales Division

  • Tabled; CS/HB 1903 substituted. See CS/HB 1903.

p CS/SB 814 Clean Air Act

  • Passed the Legislature. Ordered enrolled.

w SB 850 Art Therapists

  • Withdrawn from consideration.

SB 870 Social Workers

  • Died in S. Governmental Reform & Oversight Committee.

p SB 898 Postconviction/Capital Cases

  • Passed the Legislature. Ordered enrolled.

SB 918 Disclosure of Patient Records

  • Died in S. Health Care Committee.

SB 920 Motor Vehicle Accident Reports

  • Died in S. Transportation Committee.

SB 952 Eminent Domain Records

  • Died in S. Transportation Committee.

CS/SB 1044 Public Hospital Lease

  • Tabled; CS/HB 3585 substituted. See CS/HB 3585.

CS/SB 1134 Rabies Vaccination Certificates

  • Tabled; HB 1139 substituted. See HB 1139.

CS/SB 1170 Pub. Hospitals/Strategic Plans

  • Died in S. Governmental Reform & Oversight Committee.

CS/SB 1180 Guardianship Office

  • Died on S. Calendar.

SB 1186 Tenure & Promotion Records

  • Died in S. Education Committee.

p CS/SB 1230 Kids Health Program

  • Passed the Legislature. Ordered enrolled.

w SB 1248 Lethal Injection Records

  • Withdrawn from consideration. BUT SEE CS/HB 3053.

SB 1286 Complaints/DBPR & DOH

  • Died in S. Regulated Industries Committee.

p CS/SB 1408 Worker’s Comp. Records

  • Passed the Legislature. Ordered enrolled.

SB 1470 Retirement Systems & Plans

  • Died on S. Calendar.

SB 1480 Insurance Records

  • Died in S. Banking & Insurance Committee.

SB 1496 Worker’s Comp. Records

  • Died in S. Banking & Insurance Committee.

SB 1546 Pre and Postsentence Records

  • Died in S. Criminal Justice Committee.

CS/SB 1556 Access by Inmates

  • Died in S. Governmental Reform & Oversight Committee.

CS/CS/SB 1604 Public Records Access Act

  • Died on S. Calendar.

CS/SB 1614 Entertainment Industry

  • Died on S. Special Order Calendar.

SB 1738 Florida Graduates Program

  • Tabled; HB 1945 substituted. See HB 1945.

SB 1776 Sexual Predators

  • Tabled; HB 3737 substituted. See HB 3737.

SB 1894 Executive Branch/Sunshine laws

  • Died in S. Governmental Reform & Oversight Committee.

SB 2236 Mental Health Records & Meetings

  • Died in S. Health Care Committee.

SB 2530 Exemption for Insurance Audits

  • Died in S. Banking & Insurance Committee.

House Bills

CS/HB 71 Journalist’s Privilege

  • Tabled; SB 150 substituted. See SB 150.

p CS/HB 757 Home Med. Equip. Supplier

  • Passed the Legislature. Ordered enrolled.

CS/HB 901 State Ee Assistance Program

  • Tabled; SB 112 substituted. See SB 112.

CS/HB 1105 Statements of Minors

  • Tabled; SB 348 substituted. See SB 348.

p HB 1139 Rabies Vaccination Certificates

  • Passed the Legislature. Ordered enrolled.

CS/HB 1167 DOC Personnel

  • Died on H. Justice Council Calendar.

CS/HB 1197 Complaints/DBPR & DOH

  • Tabled by H. Health Care Standards & Regulatory Reform Committee.

p CS/HB 1433 Children & Family Services

  • Passed the Legislature. Ordered enrolled.

p CS/HB 1437 Complaints – AHCA

  • Passed the Legislature. Ordered enrolled.

HB 1447 Veterinary Medical Practice

  • Died in S. Regulated Industries Committee.

p CS/HB 1613 Housing Assistance Program

  • Passed the Legislature. Ordered enrolled.

p CS/HB 1637 Domestic Violence Program

  • Passed the Legislature. Ordered enrolled.

p CS/HB 1639 Exempt/Domestic Violence

  • Passed the Legislature. Ordered enrolled.

p CS/CS/HB 1849 Foster Care Licensees

  • Passed the Legislature. Ordered enrolled. Ch. No. 98-29

p CS/HB 1887 Automobile JUA

  • Passed the Legislature. Ordered enrolled.

p CS/HB 1903 Fla Land Sales Division

  • Passed the Legislature. Ordered enrolled.

HB 1939 Debit and Credit Card Numbers

  • Passed the House; died in S. Governmental Reform & Oversight Committee.

p HB 1945 Foundation for Fla. Graduates

  • Passed the Legislature. Ordered enrolled.

HB 1957 WAGES Program

  • Passed the House; died in S. Children, Families & Seniors Committee.

p CS/HB 3053 Lethal Injection Records

  • Passed the Legislature. Signed by the Governor. Ch. No. 98-4

HB 3121 Access by Inmates

  • Passed the House; died in S. Messages.

CS/HB 3209 Social Workers

  • Passed the House; died in S. Health Care Committee.

p CS/CS/HB 3311 AHCA/Adverse Incident

  • Passed the Legislature. Ordered enrolled.

w HB 3317 Art Therapists

  • Withdrawn from consideration.

p CS/HB 3585 Public Hospital Lease

  • Passed the Legislature. Ordered enrolled.

HB 3595 Eminent Domain Records

  • Died in H. Community Affairs Committee.

CS/HB 3605 Public Hospitals/Strategic Plans

  • Passed the House; died in S. Health Care Committee.

HB 3677 Community Hospital Protection Act

  • Died in H. Health Care Standards & Regulatory Reform Committee.

CS/CS/HB 3705 Clean Air Act

  • Passed the House; died in S. Messages. BUT SEE CS/SB 814.

HB 3737 Sexual Predators

  • Passed the Legislature. Ordered enrolled.

HB 3887 Child Abuse Records

  • Passed the House; died in S. Children, Families & Seniors Committee.

CS/HB 3925 Guardianship Office

  • Passed the House; died in S. Judiciary Committee.

w HB 3953 Consumer Collection Agencies

  • Withdrawn from consideration.

HB 4021 Insurance Records

  • Died in H. Financial Services Committee.

HB 4109 Clerks Public Records Access Act

  • Passed the House; died in S. Messages.

CS/HB 4123 Nursing Facility Employees

  • Passed the House; died on S. Calendar.

CS/HB 4125 Entertainment Industry

  • Passed the House; died in S. Commerce & Economic Opportunities Committee.

HB 4195 State University System

  • Passed the House; died in S. Messages.

HB 4301 Confidentiality/Medical Records

  • Died in H. Health Care Standards & Regulatory Reform Committee.

HB 4339 Medical Records/Meetings

  • Died in H. Health Care Standards & Regulatory Reform Committee.

HB 4385 Children’s Records

  • Passed the House; died in S. Education Committee.

Open Government Bills Passed in 1998 Legislative Session

  1. 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. Sen. Jack Latvala (R-Palm Harbor)
    Became law without the Governor’s signature. Ch. No. 98-8
  2. SB 150 Journalists’ Shield Law: Creates a qualified privilege, stipulating that a professional journalist does not have to be a witness or disclose any information, including the identity of any source, that the journalist received in the course of gathering news, 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. Provides that the qualified privilege applies upon demonstration by affidavit or other competent evidence that a professional journalist was engaged in gathering news when receiving the information at issue. Also stipulates that the privilege does NOT apply to eyewitness observations of a crime, or visual or audio recordings of a crime and that the privilege is NOT waived by publishing or broadcasting the information. Sen. Don Sullivan (R-Seminole) DOES NOT CREATE AN EXEMPTION
  3. SB 348 Exemption for Video-Taped Statements of Minors: Creates a public records exemption for information identifying minors who are the victims of certain, specified sexual crimes in their video-taped statements. Sen. Anna Cowin (R-Leesburg)
    Became law without the Governor’s signature. Ch. No. 98-9.
  4. CS/CS/HB 757 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. H. Health Care Standards & Regulatory Reform Committee; Rep. Debra Prewitt (D-New Port Richey)
  5. CS/SB 814 Exemption for Clean Air Act Information: Stipulates that when the Accidental Release Prevention Program under the federal Clean Air Act allows “a stationary source” to exclude specific information from its Risk Management Plan, the owner or operator must provide such information to the State Hazardous Materials Emergency Response Commission upon request, and provides that the information is exempt from the Public Records Law. Also creates an exemption for any information provided to the Department of Community Affairs (DCA) in the process of conducting an inspection, audit, or investigation pursuant to the federal Clean Air Act. Sen. Buddy Dyer (D-Orlando)
  6. HB 1139 Exemption for Rabies Vaccination Certificates: Creates a public records exemption for information identifying the owner of the animal vaccinated in a rabies vaccination certificate provided to animal control authorities. Authorizes access to all information in a rabies vaccination certificate by the physician of, or by any person who has been bitten, scratched, or otherwise exposed to rabies. Also allows access by federal, state, and local law enforcement agencies, other animal control authorities, and emergency medical response, disease control, or other governmental health agencies, but prohibits public release of the information. Stipulates that a person with an animal tag number may receive the vaccination certificate information, and that any person who makes a written request may view or copy any individual rabies vaccination certificate, one certificate at a time. Also stipulates that a copy of any database may be obtained, but that the owner’s name, street address, phone number, and animal tag number must be deleted. Rep. Bob Sindler (D-Apopka)
  7. CS/SB 1408 Exemption for Worker’s Compensation Records: Creates two public records exemptions. The first is for investigatory records of the Division of Workers’ Compensation, stipulating that such records are exempt until the investigation is completed or ceases to be active, unless the records would jeopardize the integrity of another active investigation; reveal a trade secret; reveal business or personal financial information; reveal the identity of a confidential source; defame or cause unwarranted damage to the good name or reputation of an individual, or reveal investigative techniques or procedures. The second exemption, added by the House, is for any information in a report of injury or illness that would identify an ill or injured employee. Sen. Charlie Clary (R-Destin)
  8. CS/HB 1433 Investigations/Department Children, Families & Seniors: Deletes the current exemptions for investigative records of the Department of Children, Families and Seniors in cases involving the death of a child, a disabled adult, or an elderly person while in custodial care. Stipulates that any person may have access to such records, and that information identifying the person who reported the abuse or neglect leading to the death may not be released. Rep. Mary Brennan (D-Pinellas Park) DOES NOT CREATE AN EXEMPTION
  9. 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. H. Health Care Standards & Regulatory Reform; Rep. Burt Saunders (R-Naples)
  10. CS/HB 1613 Exemption for Housing Assistance Records: Creates a public records 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 government housing assistance program. Allows access to such information by governmental agencies for the purpose of auditing such programs, and stipulates that the exempt information may be used by a governmental agency in any administrative or judicial proceeding. H. Governmental Operations; Rep. Mandy Dawson-White (D-Ft. Lauderdale)
  11. CS/CS/HB 1639 Exemption for Domestic Violence Records: Creates a public records exemption for the addresses, telephone numbers, and social security numbers of participants in the Address Confidentiality Program for Victims of Domestic Violence. Allows release of the exempt information under certain, specified circumstances. H. Law Enforcement & Public Safety; Rep. Tony Hill (D-Jacksonville)
  12. CS/CS/HB 1849 Exemption for Foster Care Licensees: Creates a public records 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 government housing assistance program. Allows access to such information by governmental agencies for the purpose of auditing such programs, and stipulates that the exempt information may be used by a governmental agency in any administrative or judicial proceeding. H. Governmental Operations; Rep. Mandy Dawson-White (D-Ft. Lauderdale)
    Became law without the Governor’s signature. Ch. No. 98-29
  13. CS/HB 1887 Exemption for Florida Automobile Joint Underwriting Association: Stipulates that the Florida Automobile JUA is subject to the Public Records Law and the Open Meetings Law. Creates public records exemptions for underwriting files; claims files, until termination of all litigation and settlement of all claims; records obtained or generated by an internal auditor; attorney-client communications; proprietary information; association employee medical information; records concerning employee participation in substance abuse programs; information relating to certain negotiations; and minutes of closed meetings until a time specified. Also creates an exemption for portions of meetings during which confidential underwriting files or confidential open claims files are discussed, but stipulates that closed portions of meetings must be recorded by a court reporter, and that the transcript of the closed portion of the meeting becomes public after settlement of the claim. Rep. Randy Ball (R-Titusville)
  14. CS/HB 1903 Exemption for 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 SB 806. H. Governmental Operations; H. Real Property & Probate; Rep. Larry Crow (R-Dunedin)
  15. HB 1945 Exemption for the Florida Graduates Program: Creates a public records exemption for the identity of donors to the Florida Graduates Program who desire to remain anonymous. Rep. Jerry Melvin (R-Fort Walton Beach)
  16. CS/HB 3053 Exemption for Lethal Injection Records: Creates a public records exemption for information that would identify the person administering the lethal injection. Rep. Tracy Stafford (D-Ft. Lauderdale)
    Signed into law by the Governor. Ch. No. 98-4
  17. CS/CS/HB 3311 AHCA/Exemption for Notification of Adverse Incidents: Creates an exemption for information contained in notifications of adverse incidents reported to the Agency for Health Care Administration. Also stipulates that such information is not discoverable or admissible in civil or administrative actions. H. Health Care Standards & Regulatory Reform; Rep. Burt Saunders (R-Naples)
  18. CS/HB 3585 Exemption for Public Hospital Lessees: Stipulates that the records of a private corporation leasing a public hospital and meetings of its governing board are exempt if 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 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. Rep. Durell Peaden (R-Crestview)
  19. HB 3737 Sexual Predators Notification: 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. Rep. Tony Hill (D-Jacksonville) DOES NOT CREATE A NEW EXEMPTION

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Well, that about wraps it up the 1998 Legislative Session—without a doubt the worst session we’ve had since the Foundation began tracking open government legislation during the 1995 session. Nearly double the number of new exemptions this session compared to the last four sessions. There are a total of 17 NEW exemptions as of the close of session on Friday, May 1—nearly double the number of new exemptions compared to the last four sessions. We can speculate as to why the Legislature created so many new exemptions, but the fact is, it stinks, and we all need to let our legislators know just what we think about their attitude towards open government in Florida.

If you’d like more information about any of the bills on this list, or would like to know a legislator’s position or votes on a particular bill, please call us at (800) 337-3518.

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