1999 Legislative Report for Period Ending April 16

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W Withdrawn from further consideration

For Period Ending: April 16

CS/HB 43 Exemption for Motor Vehicle Records: Amended to reinstate the opt-out provision currently in § 119.07(3)(bb), but stipulates that DHSMV cannot knowingly disclose personal information that is requested by the presentation of only a license plate number and that an individual’s social security number cannot be released except under certain, specified circumstances. Allows for access to the exempt information by private investigators, direct marketers, tow truck operators, rental car companies, insurance companies, law enforcement officers, employers, the media, etc. Also amended to repeal the provision allowing the sale of driver’s photos. Similar to SB 2110. Rep. Lindsay Harrington (R-Punta Gorda); Sen. Burt Saunders (R-Cape Coral)

  • House: Various late-filed amendments by Rep. Shirley Brown (D-Sarasota) were defeated; bill passed the House (115/0).

HB 391 On-line Access to Criminal Records: Requires the Florida Department of Law Enforcement (FDLE) to provide all offices of the Public Defender with on-line access to non-exempt criminal records, stipulating that the public defenders must pay for the cost of such access. Identical to SB 730. H. Law Enforcement & Crime Prevention Committee

  • H. Criminal Justice Appropriations Committee: Reported favorably.

CS/SB 1766 Exemption for Entertainment Industry Records: Creates an exemption from the Public Records Law for certain information held by the Office of the Film Commissioner. Specifically, the bill stipulates that, upon written request by an entertainment industry private corporation, partnership, or person seeking to locate, relocate, or expand any of its business activities in Florida, regarding the identity, trade secrets, or plans, intentions, or interests of the private corporation, partnership, or person is exempt from public disclosure unless the party seeking confidentiality releases such information or until the party retains a new or additional business location in Florida. Identical to HB 839. Similar to SB 1928. Sen. George Kirkpatrick (R-Gainesville)

  • S. Commerce & Economic Opportunities Committee: “Strike everything amendment” combining SB 1766 and SB 1928 is adopted; reported favorably as a committee substitute.

SB 1928 Exemption for Entertainment Industry Records: Virtually identical to SB 1928. Sen. Ron Silver (D-North Miami)

  • S. Commerce & Economic Opportunities Committee: This bill was combined with SB 1766. See CS/SB 1766.

w HB 2011 Sale of Driver’s License Information: Requires the Department of Highway Safety and Motor Vehicles, prior to the sale of driver’s license information, to verify with the Department of Law Enforcement that such information does not pertain to a law enforcement officer. No Senate companion. Rep. Eleanor Sobel (D-Hollywood)

  • Withdrawn from further consideration.

CS/SB 2110 Exemption for Motor Vehicle Records: Creates a Public Records Law exemption for all personally identifying information in motor vehicle records, amending the current provision in § 119.07(3)(bb), F.S., which requires the Department of Highway Safety and Motor Vehicles (DHSMV) to delete personal information in motor vehicle records only upon the written request of the subject of the record. Allows for access to the exempt information by private investigators, direct marketers, tow truck operators, rental car companies, insurance companies, law enforcement officers, employers, etc. Similar to CS/HB 43. Sen. Burt Saunders (R-Cape Coral)

  • S. Transportation Committee: Amended to reinstate the current opt-out provision, but stipulates that DHSMV cannot knowingly disclose a person’s social security number except under certain, specified conditions; reported favorably as a committee substitute.

HB 2121 Quality-of-Care Monitoring/Nursing Homes: Creates a public records exemption for information contained in records of a quality-of-care monitoring visit to a nursing home facility. No Senate companion. H. Committee on Elder Affairs

  • H. Governmental Operations Committee: Reported favorably.

HB 2153 School Boards/Acquisition of Property: Amends the public records exemption for appraisals, offers, or counteroffers for the purchase of property by a school board to stipulate that the appraisals, offers, or counteroffers are exempt until a contract for the purchase is presented to the board for approval at a public meeting. Stipulates that such contracts must be considered and approved in a public meetings. Creates a public meetings exemption, allowing the school board, the superintendent, and “appropriate” staff to close meetings to discuss pending negotiation concerning the proposed purchase, provided that: (1) the subject matter of the closed session is confined to the proposed purchase or related strategy sessions; (2) reasonable notice of the closed meeting is provided; and (3) the closed session is recorded. Identical to SB 2036. Rep. Gustavo A. Barreiro (R-Miami)

  • H. Governmental Operations Committee: Amended to (1) stipulate that the public records exemption expires 30 days after the termination of negotiations; and (2) allow “any other employee or agent having relevant information or expertise pertaining to the” purchase, rather than “appropriate staff” to attend the closed session. Reported favorably with two amendments.

SB 2544 Commercial Space Financing Records: Creates an exemption for personal financial records, trade secrets, or proprietary information of an applicant for financial assistance from the Florida Commercial Space Financing Corporation. No House companion. Sen. Charlie Bronson (R-Indian Harbour Beach)

  • S. Commerce & Economic Opportunities Committee: One minor amendment adopted; reported favorably as amended.

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There are a few bills being considered by various House committees on Friday, after this report goes to press. Those bills are:

CS/HB 141, Law Enforcement Tactical Operations
HB 511, 911 Wireless Communication
CS/HB 1015, Driver’s Licenses/Sale of Information

These bills will be included in next week’s report, but if you’d like information on any action taken before then, please call Barbara Petersen at (800) 337-3518 or (850) 222-3518.

Also, the following bills were withdrawn from the Senate Rules Committee on Thursday, 15 April. Having been withdrawn from the last committee of reference, these bills will be going to the Senate Floor for consideration:

SB 180, 911 Wireless Communication
SB 674, Home Medical Equipment Suppliers
SB 704, Guardianship Records
SB 1012, Written Strategic Plans
SB 1498, Health Care Employees
SB 2350, Eminent Domain/Business Records
SB 2470, Cash Assistance Programs

Again, we’ll report any and all action on the above bills as it happens, and if you’d like more information, call Barbara.

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