1999 Legislative Report for Period Ending April 23

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W Withdrawn from further consideration

For Period Ending: April 23

CS/HB 49 Criminal Use of Personal Identifying Information: Creates two new criminal offenses, stipulating that: (1) any person who fraudulently uses personal identification information without first obtaining the individual’s consent commits “fraudulent use of personal identification information,” a third degree felony; and (2) any person who, without authorization, willfully possesses, uses, or attempts to use personal identification information for the purpose of harassment, commits “harassment by use of personal identification information,” a first degree misdemeanor. The legislation defines “harass” as “conduct directed at a specific person that is intended to cause substantial emotional distress,” but does NOT include the use of personal information for “accepted commercial purposes.” Similar to SB 286. H. Crime & Punishment Committee

  • House: Passed the House; in Senate Messages.
  • Senate: Substituted for SB 286; on third reading in the Senate for April 23.

HB 141 Law Enforcement Operations: Makes it a third degree felony for any person to initiate contact with a person who is the cause for or subject of police mobilization, deployment, or tactical operations, including hostage situations or kidnapings in progress. Also prohibits any attempt to contact or directly communicate with the perpetrator of such crimes during the course of any tactical law enforcement operations. Finally, prohibits any person from broadcasting or telecasting live audio or video transmission revealing tactical operations in progress, or the deployment of personnel or equipment. Similar to CS/SB 166. Rep. David Russell (R-Spring Hill)

  • H. Criminal Justice Appropriations Committee: Reported favorably.

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)

  • House: Passed the House (116/0); in Senate Messages.

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 & Human Services Appropriations: Reported favorably.

SB 286 Criminal Use of Personal Identifying Information: Creates two new criminal offenses, stipulating that: (1) any person who fraudulently uses personal identification information without first obtaining the individual’s consent commits “fraudulent use of personal identification information,” a third degree felony; and (2)any person who, without authorization, willfully possesses, uses, or attempts to use personal identification information for the purpose of harassment, commits “harassment by use of personal identification information,” a first degree misdemeanor; provides for restitution. Identical to HB CS/HB 49. Sen. Skip Campbell (D-Tamarac)

  • Senate: Laid on table; CS/HB 49 substituted. See CS/HB 49.

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

  • House: Passed the House (116/0); in Senate Messages.

HB 511 Exemption for 911 Wireless Communication: As amended, exempts proprietary confidential business information and trade secrets submitted by a wireless communications provider; 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. Similar to SB 180. Rep. Willie Logan (D-Opa locka)

  • H. General Government Appropriations Committee: Reported favorably.

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. Also exempts applications for a sales and use tax certificate of exemption. Similar to CS/SB 1766 and SB 2378. H. Tourism Committee

  • House: Passed the House (117/1); in Senate Messages.

HB 879 Health Information Privacy: Requires insurance carriers to limit disclosure of health information if an individual or a legal guardian clearly states in writing that disclosure of such information could jeopardize the individual’s safety. Also requires insurance carriers to disclose health information pursuant to a subpoena or court order issued after a court’s determination that the public interest in disclosure outweighs the individual’s privacy interest and that the information is not otherwise reasonably available. Similar to SB 1828. Rep. Janegale Boyd (D-Monticello)

  • House: Passed the House (117/0); in Senate Messages.

HB 1015 Sale of Driver’s Photos: Repeals the provision enacted last year allowing for the sale of driver’s license photographs. Amended to create 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 Identical to CS/SB 1898 Rep. Tom Feeney

  • H. Criminal Justice Appropriations Committee: Amended to increase the membership of the Task Force from 16 to 19; reported favorably with one amendment.

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)

  • House: Passed the House (117/0); in Senate Messages.

HB 1133 Water Management District Meetings/Notice: Requires water management districts to publish notice of all regular meetings quarterly, semi-annually, or annually in a newspaper of general paid circulation rather than in the Florida Administrative Weekly. Stipulates that notice of other meetings be provided at least 7 days prior to such meetings. No Senate companion. Rep. Addie Greene (D-West Palm Beach)

  • H. Community Affairs Committee: Reported favorably.

HB 1485 Exemption for Pregnant Minors: Creates a public records exemption for court records that might identify a pregnant minor who petitions the court for a waiver of the notice requirements pertaining to her request to have her pregnancy terminated. Also stipulates that all such court proceedings shall be sealed. Similar to SB 1596. Rep. Sandra Murman (R-Tampa)

  • H. Judiciary Committee: Amended to exempt only that information identifying a minor who petitions the court for a waiver, and to delete the provision requiring that court proceedings be sealed. Reported favorably with one amendment.

HB 1575 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 SB 2470. Rep. Sandra Murman (R-Tampa)

  • House: Passed the House (118/0); in Senate Messages.

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.) Amended to also stipulate that information regarding final disciplinary action taken by a licensed hospital or ambulatory surgical center is NOT public record. Similar to SB 1824. H. Health Care Licensing & Regulation Committee

  • House: Passed the House (116/0); in Senate Messages.

SB 1980 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. Similar to HB 1531. Sen. Buddy Dyer (D-Orlando)

  • S. Education Committee: Reported favorably.

SB 2036 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 purpose or related strategy sessions; (2) reasonable notice of the closed meeting is provided; and (3) the closed session is recorded. Similar to HB 2153. Sen. Ron Silver (D-North Miami)

  • S. Education Committee: Reported favorably.

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)

  • H. Governmental Operations Committee: Reported favorably.

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