|P||Passed both Chambers|
|W||Withdrawn from further consideration|
For Period Ending: April 2
CS/HB 219 Exemption for Guardianship Office Records: Creates two Public Records Law exemptions: (1) any medical, financial, or mental health records necessary to evaluate the public guardianship system; and (2) all medical, financial, or mental health records of elderly persons, disabled adults, or the mentally ill held by the Statewide Public Guardianship Office. Stipulates that any confidential or exempt information provided to the Statewide Public Guardianship Office retains its exempt status. Similar to SB 704. Rep. Larry Crow (R-Dunedin)
- H. Governmental Operations: Minor amendment adopted; reported favorably with one amendment.
HB 245 Exemption for Home Medical Equipment Suppliers: Creates three exemptions from the Public Records Law: (1) information about patients of a home medical equipment supplier received by the supplier or its employees; (2) information obtained by the Agency for Health Care Administration associated with applications for licensure as a home medical equipment supplier; and (3) background screening information on prospective employees obtained by the home medical equipment supplier. Similar to SB 674. Rep. Harry Goode (R-Melbourne)
- H. Health Care Licensing & Regulation: Reported favorably.
HB 511 Exemption for 911 Wireless Communication: Creates a number of exemptions to Florida’s Public Records Law: (1) Exempts any information that may identify a person reporting an emergency or requesting emergency services through the use of wireless emergency 911 services while such information is in the custody of the public agency, public safety agency, or answering point receiving the initial emergency call; (2) the names and billing address of wireless service subscribers; and (3) trade secrets of wireless emergency 911 service providers. Similar to SB 180. Rep. Willie Logan (D-Opa locka)
- H. Community Affairs: Amended to exempt only proprietary confidential business information submitted by a provider and trade secrets; defines “proprietary confidential business information” as: customer lists, numbers, and other related information; technology descriptions; technical information; trade secrets; and the actual or developmental costs of 911 systems. Reported favorably with one amendment.
CS/HB 839 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 SB 1766 and SB 2378; similar to SB 1928. H. Tourism Committee
- H. Governmental Operations: Amended to create an additional exemption for applications for a sales and use tax certificate of exemption; reported favorably as a committee substitute.
HB 1081 Exemption for Health Care Employees: Creates a public records exemption for the home address, telephone number, social security number, and photograph of active or former employees of any licensed health care facility. Similar to SB 1498. Rep. J. Dudley Goodlette (R-Naples)
- H. Governmental Operations: Reported favorably.
w HB 1433 Exemption for EMTs and Paramedics: Exempts: (1) all information received by the Department of Health (DOH) alleging impairment on the part of an emergency medical technician (EMT) or paramedic against whom no other complaint has been filed; (2) all information received by DOH concerning an EMT’s or paramedic’s enrollment in, progress through, and completion of an impairment treatment program; (3) information identifying students enrolled in EMT or paramedic education courses; (4) a complaint against an emergency medical services licensee and all information obtained in an investigation of the complaint by DOH until 10 days after probable cause has been found or until the licensee under investigation waives confidentiality; and (5) information released to an emergency medical services licensee by a hospital about a hospital patient who was transported or treated by the licensee. Identical to HB 1433. Rep. Bob Casey (R-Gainesville)
- Withdrawn from further consideration.
HB 1531 Exemption for College Savings Program: Creates a public records exemption for information identifying the benefactor or designated beneficiary of a Florida College Savings Program. Also exempts information regarding individual account activities. Identical to SB 1980. Rep. Paula Bono Dockery (R-Lakeland)
- H. Colleges & Universities: Reported favorably.
HB 1645 State Child Death Review Team Exemptions: Creates three exemptions: (1) all reports and records of the State Child Death Review Team or local team relating solely to child deaths and which discuss specific persons or incidents; (2) all information and records acquired by the State Child Death Review Team or local team; and (3) portions of meetings or proceedings of the Team or local team relating to child fatalities, during which specific persons or incidents are discussed. Stipulates that a violation of the exemption is a first degree misdemeanor. Similar to SB 1408. H. Health Care Services Committee
- H. Family Law & Children: Reported favorably.
SB 1810 Exemption for EMTs and Paramedics: Creates five public records exemptions: (1) all information received by the Department of Health (DOH) alleging impairment on the part of an emergency medical technician (EMT) or paramedic against whom no other complaint has been filed; (2) all information received by DOH concerning an EMT’s or paramedic’s enrollment in, progress through, and completion of an impairment treatment program; (3) information identifying students enrolled in EMT or paramedic education courses; (4) a complaint against an emergency medical services licensee and all information obtained in an investigation of the complaint by DOH until 10 days after probable cause has been found or until the licensee under investigation waives confidentiality; and (5) information released to an emergency medical services licensee by a hospital about a hospital patient who was transported or treated by the licensee. Identical to HB 1433 (withdrawn). Sen. Skip Campbell
- S. Health, Aging & Long-Term Care: Temporarily postponed; sponsor announced his intent to withdraw the legislation.
HB 1843 Adverse Incidents/Medical and Osteopathic Physicians: Creates a public records exemption for adverse incident reports filed with the Department of Health by a medical or osteopathic physician. (“Adverse incident” is defined as incidents resulting in one of the following: death of a patient; brain or spinal damage; performance of a surgical procedure on the wrong patient; performance of a wrong-site surgical procedure; performance of a wrong surgical procedure; and performance of a medically unnecessary procedure.) Similar to SB 1824. H. Health Care Licensing & Regulation Committee
- H. Judiciary: Amended to stipulate that information regarding final disciplinary action taken by a licensed hospital or ambulatory surgical center is NOT public record; reported favorably with three amendments.
CS/SB 1898 Sale of Driver’s Photos: Repeals the provision enacted last year allowing the sale of driver’s license photographs. Similar to HB 1015. Sen. Ginny Brown-Waite (R-Brooksville)
- S. Transportation: Amended to conform to House companion by adding a provision creating the Task Force on Privacy and Technology for the purpose of studying and making recommendations to the Governor and Legislature on: (1) privacy issues under the constitution, the Public Records Law, and the impact of advances in information technology; (2) technology fraud; (3) balancing the constitutional right of access with the need to protect privacy; and (4) the sale of public records to private individuals and companies; reported favorably as a committee substitute.
CS/SB 2470 Cash Assistance Programs/Records & Meetings: Creates an exemption for any meeting held by the Department of Children and Family Services, the Department of Labor and Employment Security, the Department of Health, the Department of Revenue, the WAGES Program State Board of Directors, or service providers under contract to any of the above, at which information is discussed which identifies individuals. Stipulates that the exemption is required by federal law. Also creates a public records exemption for identifying information in records acquired by the above listed agencies and service providers. Provides for release of the exempt information under certain, specified circumstances. Similar to HB 1575. Sen. George Kirkpatrick (R-Gainesville)
- S. Commerce & Economic Opportunities: Amendment to conform to House companion adopted; reported favorably as a committee substitute.
NEW BILLS FILED
HB 2049 Complaints/Fair Housing Practices: Creates a public records exemption for all complaints filed with the Florida Commission on Human Rights and all records and documents in the custody of the commission which relate to and identify the complainant or an alleged violator in a complaint alleging unfair housing practices. Similar to SB 2330. Rep. James Bush, III (D-Miami)
🙁 EXEMPTING INFORMATION IDENTIFYING A COMPLAINANT MAYBE JUSTIFIED, BUT WHY PROTECT THE IDENTITY OF SOMEONE WHO MAY HAVE VIOLATED THE LAW? IN ADDITION, THE BILL, AS DRAFTED, IS UNCONSTITUTIONALLY OVERBROAD IN THAT IT EXEMPTS THE ENTIRE RECORD RATHER THAN THE IDENTIFYING INFORMATION.