|P||Passed both Chambers|
|W||Withdrawn from further consideration|
For Period Ending: April 28
SB 208 Copyright of Governmental Software: Reenacts § 119.083, F.S., authorizing government agencies to copyright software created by the agency and providing standards for access to public records in electronic formats. No House companion. S. Governmental Oversight and Productivity
- H. Governmental Operations Committee: Reported favorably.
SB 318 Domestic Violence/Minor Children: Creates a public records exemption for information provided to sheriffs and state attorneys by people who take minor children when fleeing from domestic violence. Identical to HB 449. Sen. Tom Rossin (D-West Palm Beach)
- S. Children & Families Committee: Reported favorably.
HB 449 Domestic Violence/Minor Children: Creates a public records exemption for information provided to sheriffs and state attorneys by people who take minor children when fleeing from domestic violence. Identical to SB 318. Rep. Addie Greene (D-Mangonia Park)
- H. Governmental Operations Committee: Minor amendments adopted; reported favorably with two amendments.
p SB 836 Account Information/College Savings Program: Creates a public records exemption for information that identifies the benefactors or designated beneficiaries of college savings program accounts. Authorizes release of the exempt information to community colleges and universities under certain, specified circumstances. Similar to HB 1617. Sen. Jim Horne (R-Orange Park)
- House: Substituted for HB 1617; passed the House (110/0). PASSED THE LEGISLATURE
CS/HB 1479 Department of Health/Epilepsy Services: Creates a public records exemption for personally identifying information contained in records relating to an individual’s personal health made or received by the DOH or its service providers and allowing for disclosure of such information only upon written consent of the individual. Similar to SB CS/2032. Rep. Durrell Peaden (R-Crestview)
- House: Passed the House (108/0). In Senate Messages.
HB 1617 Account Information/College Savings Program: Creates a public records exemption for information that identifies the benefactors or designated beneficiaries of college savings program accounts. Authorizes release of the exempt information to community colleges and universities under certain, specified circumstances. Identical to SB 836. Rep. Jerry Melvin (R-Ft. Walton Beach)
- House: Tabled; SB 836 substituted. See SB 836.
HB 1621 Seaport Security Plans: Creates a public records exemption for seaport security plans of a county or municipal seaport department or a seaport authority created by the Legislature. Also exempts photographs, maps, blueprints, drawings, and similar material if a seaport department or authority determines that such items contain information that is not generally known and that could jeopardize seaport security. Stipulates that real estate leases, layout plans and related blueprints are not exempt and specifically limits the exemptions to records held by a seaport authority or seaport department that operates a seaport. Similar to SB 1256. H. Transportation Committee
- House: Tabled; SB 1256 substituted. See SB 1256.
HB 1741 Home Addresses/Nurses: Creates a public records exemption for the home addresses and telephone numbers of nurses working in any type of correctional facility or in any mental health facility. Also includes advanced registered nurses in the exemption for information obtained by the Agency for Health Care Administration (AHCA) in preparing practitioner profiles. No Senate companion. Compare SB 2394. Rep. Janegale Boyd (D-Monticello) 🙁
- House: A minor amendment, changing “mental health facility” to “forensic facility” is adopted; rolled to third and final reading.
HB 1939 Money Transmitter Records: Creates a public record exemption for all information concerning an investigation or examination conducted by the Department of Banking & Finance (DBF) pursuant to the Money Transmitter’s Code until the conclusion of the investigation or examination. Allows a judge to close the records of any proceeding that ends in acquittal or dismissal upon request of any party. Also creates public records exemptions for: trade secrets and proprietary information obtained by DBF in the course of an investigation or examination; consumer complaints, personal financial information, confidential sources, and investigative techniques or procedures; and all quarterly reports submitted by a money transmitter to DBF. Similar to CS/CS/SB 1262. H. Financial Services Committee
- House: Tabled; CS/CS/SB 1262 substituted. See CS/CS/SB 1262.
HB 2123 Non-Title IV-D Child Support Enforcement Services: Creates a public records exemption for information identifying recipients of or applicants for non-Title IV-D child support enforcement services provided by a county agency. Similar to SB 2386. Rep. Debby Sanderson (R-Ft. Lauderdale)
- House: Passed the House (112/0). In Senate Messages.
HB 2333 Florida Windstorm Underwriting Association/Records & Meetings: Creates public records exemptions for (1) appraisals, surveys, applications and other information relating to a policyholder’s property, including its location, type of construction, and valuation; (2) the name and address of the policyholder and the producer of the record; (3) information relating to underlying property coverages on the policyholder’s property; (4) all information generated in connection with applications for coverage; (5) all information included in underwriting files; (6) claims files, until termination of all litigation and settlement of all claims; (7) records obtained or generated by an internal auditor pursuant to a routine audit, until the audit is completed; (8) privileged attorney-client communications; (9) all proprietary information and data, including computer models, and trade secret information licensed or furnished to or used by the association as part of a response to a request for proposals or under separate contract between the owner and the association if the response or contract requires confidentiality; (10) all information relating to the medical condition or medical status of an association employee which is not relevant to the employee’s ability to perform his or her duties; (11) all information relative to an employee’s participation in a substance abuse program; and (12) all responses to requests for proposals, until the successful vendor is selected. Stipulates that the association may transfer underwriting files to an insurer or authorized agent only if the insurer or agent agrees in writing to maintain the confidentiality of such files. Also creates a meetings exemption for attendance at and participation in meetings, negotiating sessions, presentation, conferences, and promotional sessions by two or more association board members with lenders, rating agencies, investors, underwriters, and government officials concerning promoting, marketing, negotiating, or consummating a debt financing when the debt financing has been approved by the board at a public meeting. Similar to CS/SB 1278. Rep. Jerry Melvin (R-Ft. Walton Beach) 🙁
- H. Insurance Committee: Various amendments offered by Rep. Melvin, including an amendment striking the propose meetings exemption, are adopted; reported favorably with four amendments.
HB 2389 Pawnbroker Transaction Records: Creates a public records exemption for all records relating to pawnbroker transactions delivered to the Florida Department of Law Enforcement (FDLE). Identical to CS/SB 1732. See also HB 903 and HB 2003. Rep. Allan Bense (R-Panama City) 🙁
- H. Governmental Operations Committee: Reported favorably.
NEW BILLS FILED
COMMERCIAL and BUSINESS INFORMATION
HB 2417 Telecommunications/Proprietary Business Information: Creates a public records exemption for proprietary confidential business information obtained from a telecommunications or franchised cable company by local government for the purpose of regulating the public rights-of-way or the local communications services tax. Defines “proprietary confidential business information” as “maps, plans, billing and payment records, trade secrets, or other information relating to the provision of or facilities for communications service that is intended to be and is treated by the company as confidential and is not otherwise publicly available”. Specifically excludes schematics indicating the location of facilities from the definition of “proprietary confidential business information” Similar to CS/SB 1846. H. Utilities & Communications Committee
THIS NARROWLY DRAWN EXEMPTION COMPLIES WITH THE CONSTITUTIONAL STANDARD FOR THE CREATION OF NEW EXEMPTIONS IN ARTICLE I, SECTION 24.
CRIMINAL JUSTICE and LAW ENFORCEMENT INFORMATION
SB 2112 Law Enforcement: A “shell” bill that was amended in S. Criminal Justice Committee to stipulate that criminal intelligence and investigative information in a capital case is subject to public disclosure 15 days after a death sentence is imposed. No House companion. Sen. Ginny Brown-Waite (R-Brooksville)
🙂 THIS LEGISLATION, PROVIDING EARLIER PUBLIC ACCESS TO CRIMINAL INTELLIGENCE AND INVESTIGATIVE INFORMATION RELATING TO CAPITAL CASES, IS INTENDED TO IMPLEMENT A RULE, 3.853, PROPOSED BY THE FLORIDA SUPREME COURT IN ITS DECISIONS REGARDING THE DEATH PENALTY APPEAL ACT OF 2000.
A rather short report this week. That’s because, at this point in the annual legislative session, both the Senate and the House are in session all day, and, knowing there’s another week to go, bills are moving rather slowly. We’re not relaxing our guard, however. There is a large number of bills on third (and final) reading in the House, and just a couple in the Senate. On third reading in the House:
|CS/HB 829, Adverse Incidents 🙁||(Will go to Senate Messages)|
|CS/HB 1037, Domestic Violence||(Will go to Senate Messages)|
|HB 1099, Campaign Treasurer||(Will go to Senate Messages)|
|SB 1256, Seaport Security Plans||(Will pass the Legislature)|
|CS/CS/SB 1262, Money Transmitters||(Will pass the Legislature)|
|HB 1741, Nurse Practitioners 🙁||(Will go to Senate Messages)|
|CS/HB 1891, E-Commerce||(Will go to Senate Messages)|
|CS/HB 2217, Lottery Department||(Will go to Senate Messages)|
|HB 2289, DCFS Employees 🙁||(Will go to Senate Messages)|
On third reading in the Senate:
|SB 2250, School Readiness||(Will go to House Messages)|
|CS/SB 2434, Educators Recovery Network||(Will go to House Messages)|
Just a Reminder: Next week is the final week of session. Our final report will be prepared after the last day (Friday, May 5—if we’re lucky and they don’t go over), so that we can report on the final disposition of each bill on our tracking list. If you have questions about any of the bills, please call the Foundation at (800) 337-3518 or, in Tallahassee, 222-3518. Keep your fingers crossed.