1999 Legislative Report for Period Ending April 9

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W Withdrawn from further consideration

For Period Ending: April 9

CS/HB 43 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, the media, etc. Amended to stipulate the DHSMV cannot knowingly disclose an individual’s social security number; and 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: One minor amendment adopted; rolled over to third reading.

w HB 159 Ex Parte Communications: Allows ex parte communications between a legislator and a member of the Public Service Commission (PSC). Also allows members of the Legislature to address the PSC at any scheduled and noticed public meeting. Identical to SB 1062. Rep. David Bitner (R-Port Charlotte)

  • Withdrawn from further consideration.

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. Governmental Operations: Reported favorably.

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)

  • H. Judiciary Committee: One minor amendment adopted; reported favorably with one amendment.

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. Water & Resource Management: Reported favorably.

HB 1461 Lottery Department Exemption: Creates public records exemptions for the following information obtained by the Lottery Department: (1) trade secrets; (2) security measures, systems, or procedures; (3) security reports; (4) bids or other contractual data; (5) employee personnel information unrelated to compensation, duties, qualifications, or responsibilities; (6) investigative information obtained by the Division of Security; and (7) the street address and telephone number of video lottery game winners. Similar to SB 2178. Rep. Dave Bitner (R-Port Charlotte)

  • H. Governmental Operations: Reported favorably.

CS/SB 1596, 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 HB 1485. Sen. Charlie Bronson (R-Indian Harbour Beach)

  • S. Health, Aging & Long-Term Care 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 as a committee substitute.

w SB 1810 Exemption for EMTs and Paramedics: Creates five public records exemptions relating to EMTs and paramedics. No House companion. Sen. Skip Campbell (D-Tamarac)

  • Withdrawn from further consideration.

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

  • H. Governmental Operations: One technical amendment adopted; reported favorably with one amendment.

HB 1995 Minor Children/Domestic Violence: Creates an exemption for information provided to a state attorney or sheriff under § 787.03(6), F.S. (interference with custody) by persons taking minor children when fleeing from domestic violence. Identical to SB 1172. Rep. Addie Greene (D-Pahokee)

  • H. Governmental Operations: One minor amendment adopted; reported favorably with one amendment.

NEW BILLS FILED

HEALTH CARE INFORMATION and HOSPITAL RECORDS

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

🙁 EXEMPTING IDENTIFYING INFORMATION IN QUALITY-OF-CARE MONITORING REPORTS MAY BE JUSTIFIED, BUT THE BILL, AS DRAFTED, IS UNCONSTITUTIONALLY OVERBROAD IN THAT IT EXEMPTS THE ENTIRE RECORD RATHER THAN JUST THE IDENTIFYING INFORMATION.

SCHOOL BOARDS

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 purpose 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)

🙁 WHY IS A SCHOOL BOARD’S PURCHASE OF PROPERTY FOR EDUCATION PURPOSES MORE “SENSITIVE” THAN ANY OTHER GOVERNMENT ENTITY’S PURCHASE OF PROPERTY? UNDER CURRENT LAW, A SCHOOL BOARD—OR ANY OTHER GOVERNMENT AGENCY—CAN CLOSE DOCUMENTS PERTAINING TO THE PURCHASE OF THE PROPERTY UNTIL AN OPTION CONTRACT IS SUBMITTED FOR APPROVAL. THE REQUIRED STATEMENT OF NECESSITY SAYS THE PROPOSED EXEMPTION IS “NOT AN UNFAIR BURDEN ON THE PUBLIC BECAUSE THE [BILL] REQUIRES ANY FINAL ACTION TAKEN BY THE SCHOOL BOARD MUST BE AT A PUBLIC MEETING WITH FULL PUBLIC DISCLOSURE.” OUR CONSTITUTION GIVES US THE RIGHT TO PARTICIPATE IN THE ENTIRE DELIBERATIVE PROCESS, NOT JUST FINAL ACTION. THERE IS NO JUSTIFICATION FOR THIS EXEMPTION, AND IT WILL, UNDOUBTEDLY, SET A DANGEROUS PRECEDENT.

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