1999 Legislative Session Final Report

Open Government Bills Passed in 1999 Legislative Session

  1. CS/HB 49, Criminal Use of Personal Identification Information: Creates the crime of “harassment by use of personal identification information,” a first degree misdemeanor, defining “harass” as “conduct directed at a specific person . . . intended to cause substantial emotional distress.” The bill specifically states that “harass” does not include “constitutionally protected conduct such as organized protests” or the use of such information for “accepted commercial purposes.” It also stipulates that the fraudulent use of personal identification information is a third degree misdemeanor, and allows for restitution. Rep. Allen Trovillion (R Winter Park) DOES NOT CREATE AN EXEMPTION.
  2. SB 180, 911 Wireless Communication: Creates a public records exemption for all proprietary business information, including trade secrets and the name and billing addresses of service subscribers, submitted by a wireless communications service provider to the Department of Management Services. S. Comprehensive Planning, Local and Military Affairs Committee
  3. CS/HB 219, Guardianship Records: Creates a public records exemption for all records held by the Statewide Public Guardianship Office relating to the medical, financial, or mental health of elderly persons, disabled adults, or persons with a mental illness. Also stipulates that any exempt information obtained by the Office retains its exempt status. Rep. Larry Crow (R Dunedin)
  4. HB 357, Written Strategic Plans: Creates a public records exemption for the strategic plans of any hospital subject to the Public Records Law, if the plan could be used by a competitor to “frustrate, circumvent or exploit” the plan before it is implemented. Defines “strategic plan” as any record describing action to: initiate or acquire a new health service; materially expand an existing health service; acquire additional facilities by purchase or lease; materially expand existing facilities; change all or part of the use of an existing or newly acquired facility; acquire another health care facility or health care provider; merge or consolidate with another health care facility; enter into a shared service arrangement with another health care provider, and any combination of the above. The bill specifically states that “strategic plan” does not include records describing existing operations, including the hiring of employees, the purchase of equipment, the placement of advertisements, and entering into contracts with physicians to perform medical services. ALSO creates a meetings exemption for the hospital governing board when discussing an exempt strategic plan, and requires that the closed meeting be recorded by a certified court reporter. Transcripts of the closed meeting become public record 3 years after the date of the closed meeting, or after the strategic plan discussed at the closed meeting is disclosed or implemented, whichever is earlier. Stipulates that if a governing board closes a meeting before implementation of the strategic plan, the board must hold a public meeting to inform the public, in general terms, of the business activity to be implemented. Finally, prohibits approval of a binding agreement to implement a strategic plan at a closed meeting, and prohibits the boards of two separate public entities to meet together in a closed meeting to discuss implementation of a strategic plan affecting both public entities. Rep. Mike Fasano (R New Port Richey)
  5. HB 391, Access to Criminal History Records: Allows the Florida Department of Law Enforcement (FDLE) to provide nonexempt criminal history records to a “qualified entity,” defined as a business or organization providing care, treatment, education, training, instruction, supervision, or recreation to children, the elderly, or the disabled, for the sole purpose of conducting background screening checks on employees or volunteers. Requires the “qualified entity” to register with FDLE, and to submit a fingerprint card with a signed waiver allowing the release of state and national criminal history records to the qualified entity. ALSO allows FDLE to develop, maintain, and operate the Criminal Justice Network, an intra agency information and data sharing network, for use by the state’s criminal justice agencies, and also allows FDLE to authorize entities providing certain products, programs, or services, “a special limited presence” on the Network. Finally, ratifies the National Crime Prevention and Privacy Compact [42 U.S.C., s. 14616], stipulating that FDLE is the repository of criminal history records. Rep. Howard Futch (R Indialantic) DOES NOT CREATE AN EXEMPTION.
  6. SB 674, Home Medical Equipment Providers: Creates a public records exemption for medical and other personal information about patients of a licensed home medical equipment provider obtained by the Agency for Health Care Administration through reports or inspection. Sen. Ginny Brown Waite (R Brooksville)
  7. SB 928, Child Abuse Death Review Committee: Creates a public records exemption for information identifying a deceased child’s surviving siblings, family members, or others living in the home of the deceased, in records or reports created by the State Child Abuse Death Review Committee which relate solely to child fatalities and in which specific persons or incidents are discussed. ALSO stipulates that any exempt information obtained by the Committee retains its exempt status. Sen. Anna Cowin (R Leesburg)
  8. HB 1015, Task Force on Privacy and Technology: Requires the State Technology Council to create a Task Force on Privacy and Technology for the purpose of studying and making recommendations to the Legislature and Governor regarding: privacy, public records, and the use of advanced technologies; technology fraud, including the illegal use of a citizen’s identity and credit; balancing the openness of public records with the need to protect privacy and the identity of individuals; and the sale of public records to private individuals and companies. Stipulates that the task force must include professionals in the fields of communications, government, law enforcement, law, marketing, technology, and financial services. ALSO repeals the provision enacted in 1998 allowing for the sale of driver’s licenses photographs. Rep. Tom Feeney (R Oviedo) DOES NOT CREATE AN EXEMPTION.
  9. HB 1081, Health Care Employees: Creates a public records exemption for the home address, telephone number, social security number, and photograph an employee of any licensed health care facility providing direct patient care or security service. Also exempts a spouse or child’s place of employment, and the name and location of schools and day care facility attended by a child of the employee. ALSO creates a similar exemption for any employee of a licensed health care facility if the employee has “a reasonable belief that release of the information may be used to threaten, intimidate, harass, inflict violence upon, or defraud the employee or any member of the employee’s family,” and the employee submits a written request for confidentiality. Rep. J. Dudley Goodlette (R Naples)
  10. SB 1596 Identifying Information/Pregnant Minors: Creates a public records exemption for information identifying a minor in documents related to a waiver of the notice requirements under the Parental Notice of Abortion Act. Sen. Charlie Bronson (R Indian Harbour Beach)
  11. HB 2121, Nursing Homes/Quality of Care Reports: Creates a public records exemption for records of quality of care monitoring visits to nursing homes conducted by the Agency for Health Care Administration. H. Elder Affairs & Long Term Care Committee
  12. SB 2350, Eminent Domain Records: Creates a public records exemption for business records provided by the owner of a business to a governmental condemning authority as part of an offer of business damages pursuant to an eminent domain proceeding. Sen. Lisa Carlton (R Osprey)

Exemptions That Did NOT Pass

HB 51, Reasonable Conditions
HB 43 and SB 2110, Motor Vehicle Records
HB 159 and SB 1062, Ex Parte Communications
HB 285, Department of Corrections Personnel
HB 491, Litigation Settlements
HB 685 Domestic Violence Fatality Task Force
HB 839 and SB 1766, Entertainment Industry
SB 922, Donors, Florida Affordable College Trust Fund
SB 1062, Ex Parte Communications
SB 1172 and HB 1995, Minor Children/Domestic Violence
SB 1302, Insurance Companies
SB 1342, Domestic Violence/Unemployment Compensation
SB 1404, Info Technology, Y2K
SB 1408 and HB 1645, Child Death Review Committee
HB 1433 and SB 1810, EMTs
HB 1461 and SB 2178, Lottery Department
HB 1531 and SB 1980, College Savings Programs
HB 1575 and SB 2470, Cash Assistance Programs
SB 1718, City Human Resource Employees
SB 1764, International Trade & Development
SB 1824 and HB 1843, Adverse Incidents
SB 1838, Litigation Exemption Expansion
SB 1998, Social Security Numbers/Motor Vehicle Records
SB 2036/HB 2153 School Boards/Acquisition of Property
HB 2049 and SB 2330, Complaints/Fair Housing Practices
SB 2194, Group Insurance Division
SB 2544, Commercial Space Financing

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