2000 Legislative Report for Period Ending April 7

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W Withdrawn from further consideration

For Period Ending: April 7

SB 208 Copyright of Governmental Software: Reenacts § 119.083, F.S., authorizing government agencies to copyright software created by the agency. No House companion. S. Governmental Oversight and Productivity Committee

  • Senate: Passed the Senate (39/0); in House Messages.

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. Crime & Punishment Committee: Reported favorably.

CS/HB 633 Release of Student Records: Authorizes the release of personally identifiable student records to the Department of Highway Safety and Motor Vehicles and the Department of Children and Family Services for certain, specified purposes. Also clarifies provisions regarding the release of student directory information, requiring schools to provide written notification prior to the release of the information and to obtain written authorization for such release. Adds definitions of “disclosure” and “personally identifiable information”. CS/HB 633 also amends the provision allowing parents and students to challenge student records through the hearing process, stipulating that the hearing is exempt from the Open Meetings Law upon request of the parent or student. Identical to CS/SB 848. Rep. J.D. Alexander (R-Frostproof)

  • House: Passed the House (112/0). In Senate Messages.

CS/CS/SB 890 Donors/Direct Support Organizations: Prohibits contributions by university or community college direct support organizations (DSO) to political campaigns or political action committees except for those directly related to the institution’s educational mission as approved by a majority of the governing board at a regularly scheduled meeting. Similar to CS/HB 505. Sen. Patsy Ann Kurth (D-Palm Bay)

  • Senate: Passed the Senate (39/0); in House Messages.

SB 1126 Domestic Violence Prevention Task Force: Creates a public records exemption for records obtained or produced by a domestic violence fatality prevention task force statutorily authorized to review fatal and near fatal incidents of domestic violence Also creates a public meetings exemption for the proceedings and meetings of the task force regarding domestic violence fatalities and their prevention. Similar to CS/HB 1037. Sen. Doc Myers (R-Hobe Sound) 🙁

  • S. Children & Families Committee: A “strike everything” amendment (filed in response to FAF concerns) deletes the public records exemption, stipulating instead that any confidential and exempt records obtained by or provided to a domestic violence fatality review team retain their exempt status. Also limits the meetings exemption to only those portions of the meeting during which the identity of the victim or the victim’s children is discussed. Reported favorably as a committee substitute.

SB 1256 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. Identical to HB 1621. S. Criminal Justice Committee

  • Senate: Passed the Senate (38/0); in House Messages.

CS/CS/SB 1262 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. Stipulates that the information remains exempt if an investigation or examination does not result in administrative, civil, or criminal charges. Allows closure of proceedings records if an administrative, civil, or criminal proceeding against a money transmitter results in an acquittal. 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 HB 1939. S. Criminal Justice Committee

  • Senate: Passed the Senate (38/0); in House Messages.

SB 1588 Lottery Department/1-900 Telephone Service: Creates a public records exemption for winning lottery numbers and payout information provided to the public through the Department’s 1-900 telephone service, stipulating that such information is confidential and exempt. Identical to HB 2217. Sen. Jim Horne (R-Orange Park) 🙁

  • S. Fiscal Resources Committee: An amendment offered by Sen. Horne (in response to FAF concerns) deletes the exemption for the winning lottery numbers and payout information, and creates an exemption to the general fee provision in the Public Records Law for fees charged for access to winning lottery numbers and payout information provided through a 1-900 telephone service. Reported favorably as a committee substitute.

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)

  • H. Governmental Operations Committee: Reported favorably.

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

  • H. Criminal Justice Appropriations Committee: Reported favorably.

SB 1690 Trade Secrets/Procurement: Creates a public records exemption for trade secrets received by an agency procuring commodities or services if the vendor files the trade secret information with an affidavit of confidentiality and the agency receiving the information is satisfied as to the facial validity of the claim of confidentiality. Allows for administrative or judicial review of the claim of confidentiality. No House companion. Sen. Skip Campbell (D-Tamarac)

  • S. Governmental Oversight & Reform Committee: Minor amendments adopted by the committee; reported favorably as a committee substitute.

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) 🙁

  • H. Health Care Licensing & Regulation Committee: Reported favorably.

HB 1869 Home Addresses/Visitation Center Employees & Volunteers: Creates a public records exemption for the home addresses, telephone numbers, social security numbers, and photographs of employees and volunteers of any certified supervised visitation program. Also exempts the same information, as well as place of employment and the names and location of schools, for the spouses and children of such employees. No Senate companion. Rep. Beryl Roberts (D-Miami) 🙁

  • H. Governmental Rules & Regulations Committee: Reported favorably.

CS/HB 1891 Electronic Commerce/Clerks of Court: In part, requires the county recorder in each county to provide a current index of all documents recorded in the official records of the county on a publicly available website with the capability of electronically providing the index data to a central statewide search site no later than January 1, 2002; the website must also contain a method for obtaining copies of the documents listed in the index. Stipulates that the county recorder provide for electronic retrieval of the documents listed in the index by January 1, 2006, and that appropriate security measures be used to ensure that records cannot be altered or modified. States that “a proper and legitimate state purpose is served by providing the public with access to public records and information on the Internet . . . .” Similar to SB 2416. Rep. Joe Arnall (R-Jacksonville Beach) ?

  • H. Judiciary Committee: Amended, in part, to change the term “county recorder” to “clerk of court”. Reported favorably as a committee substitute for the committee substitute.

HB 1903 Exemption/Abandoned Infants: Creates a public records exemption for the identity of parents who leave a newborn infant with a hospital. Similar to SB 2082. Rep. Sandra Murman (R-Tampa)

  • H. Family Law & Children Committee: An amendment by Rep. Murman (1) includes newborns left at a fire station; and (2) allows disclosure of the exempt information to a person claiming to be the parent of the newborn, is adopted. (As amended, HB 1903 is identical to SB 2082, as amended and passed by the Senate last week.) Reported favorably with one amendment.

HB 1967 Exemption for Motor Vehicle Records: Creates a public records 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, etc., but limits access to social security numbers and medical and disability information. Allows access upon express written consent of the subject of the record. No Senate companion. Rep. Lindsay Harrington (R-Punta Gorda) 🙁

  • H. Transportation Committee: Three minor amendments adopted; reported favorably with three amendments.

SB 2032 Department of Health/Epilepsy Services: Creates a public records exemption for all information and records held by the Department of Health (DOH) that would identify an individual applying for or receiving epilepsy services. Specifies under what condition the exempt information may be released. Similar to HB 1479. Sen. Charlie Clary (R-Destin) 🙁

  • S. Health, Aging & Long-Term Care Committee: A “strike everything” amendment (drafted with input from the FAF) creates a public records exemption for all personally identifying information, bank account numbers, and debit and credit card numbers contained in records relating to an individual’s personal health or eligibility for health-related services made or received by DOH. Allows for disclosure of the exempt information: (1) with the written consent of the subject of the record; (2) in a medical emergency; and (3) by court order. Reported favorably as a committee substitute.

HB 2075 Information Technology Management: In part, extends the authority of the Task Force on Privacy and Technology, created during the 1999 legislative session (HB 1015) which was to make recommendations to the Legislature 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, until February, 2001. Similar to SB 2474. H. Utilities & Communications Committee

  • H. Governmental Operations Committee: Two minor amendments adopted; reported favorably with two amendments.

HB 2101 Exemption/Health Care Practitioners: Creates public records exemptions for (1) home addresses and telephone numbers of health care practitioners working in correctional and mental health facilities; and (2) information relating to an expunged criminal history records provided by a health care practitioner to the Department of Health (DOH), prohibiting an employee of the DOH from releasing such information. Also includes various other health care practitioners in the exemption for information obtained by the Agency for Health Care Administration (AHCA) in preparing practitioner profiles. Similar to SB 2394 and HB 1741. H. Health Care Licensing & Regulation Committee 🙁

  • H. Governmental Operations Committee: Amendments sponsored by Rep. Mike Fasano (R-New Port Richey) (1) authorizing the release of expunged criminal records by FDLE to DOH for the purpose of employment or licensing; (2) creating a public records exemption for the names of licensed health care practitioners compelled by DOH to submit to a mental or physical examination in court records; and (3) requiring the closure of court proceedings to enforce an order by DOH to compel the licensed health care practitioner to undergo such examinations, are adopted, as is a technical title amendment. Reported favorably with four amendments.

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. Identical to SB 2386. Rep. Debby Sanderson (R-Ft. Lauderdale)

  • H. Family Law & Children Committee: A minor amendment by Rep. Sanderson is adopted; reported favorably with one amendment.

SB 2394 Exemption/Health Care Practitioners: Creates a public records exemption for information relating to an expunged criminal history records provided by a health care practitioner to the Department of Health (DOH). Prohibits an employee of the DOH from releasing such information. Also includes other various health care practitioners in the exemption for information obtained by the Agency for Health Care Administration (AHCA) in preparing practitioner profiles. Similar to HB 2101. Compare HB 1741. Sen. Skip Campbell (D-Tamarac) 🙁

  • S. Health, Aging & Long-Term Care Committee: Amended to (1) authorize the release of expunged criminal records by FDLE to DOH for the purpose of employment or licensing; (2) create a public records exemption for the names of licensed health care practitioners compelled by DOH to submit to a mental or physical examination in court records; and (3) require closure of court proceedings to enforce an order by DOH to compel the licensed health care practitioner to undergo such examinations. A handwritten amendment offered by Sen. Ron Klein (D-Delray Beach) creating a public records exemption for the home addresses and telephone numbers of health care practitioners working in any type of correctional facility or mental health facility is also adopted. Reported favorably as a committee substitute.

SB 2416 Electronic Commerce/Clerks of Court: In part, requires the county recorder in each county to provide a current index of all documents recorded in the official records of the county on a publicly available website no later than January 1, 2002; the website must also contain a method for obtaining copies of the documents listed in the index. Also requires the county recorders to contract with the Florida Association of Court Clerks (FACC) to participate in and connect to the statewide official records website developed and operated by the FACC. Allows FACC to charge a reasonable fee for access and use of the system, and to “make such other charges as appropriate for commercial use of the system.” Stipulates that no fees will be charged for those who access the system for less than 1 hour per month. States that “a proper and legitimate state purpose is served by providing the public with access to public records and information on the Internet . . . .” Similar to CS/HB 1891. Sen. Ginny Brown-Waite (R-Brooksville) ?

  • S. Judiciary Committee: Various amendments sponsored by Sen. Daniel Webster (R-Winter Garden) are adopted, most importantly, deleting the authority to charge fees and all references to the FACC. Reported favorably as a committee substitute. (As amended, conforms to CS/CS/HB 1891. See above.)

SB 2434 Educators/Recovery Network: Creates a public records exemption for the records of an educator who is in a recovery network treatment program or an educator who has entered into a deferred prosecution agreement and has successfully completed the recovery network treatment program. No House companion. Sen. Anna Cowin (R-Leesburg) 🙁

  • S. Education Committee: A “strike everything” amendment offered by Sen. Cowin concerns creates a public records exemption for medical records of an educator which relate to substance abuse treatment under the Educator’s Recovery Network Program if the educator successfully completes the treatment program and fully complies with a deferred prosecution agreement between the educator and the Department of Education. Reported favorably as a committee substitute.

SB 2474 Information Technology Management: In part, extends the authority of the Task Force on Privacy and Technology, created during the 1999 legislative session (HB 1015) which was to make recommendations to the Legislature 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, until February, 2001. Similar to HB 2075. Sen. Jack Latvala (R-Palm Harbor)

  • S. Governmental Oversight and Productivity: Minor amendments adopted; reported favorably with four amendments.

NEW BILLS FILED

LOTTERY INFORMATION

HB 2217 Lottery Department/1-900 Telephone Service: Creates a public records exemption for winning lottery numbers and payout information provided to the public through the Department’s 1-900 telephone service, stipulating that such information is confidential and exempt. Identical to SB 1588. Rep. Dennis Jones (R-Seminole)

🙁 THIS LEGISLATION IS TRULY ODD, AND WAS FILED IN DIRECT RESPONSE TO A CLASS-ACTION LAW SUIT FILED IN LEON COUNTY, DELUISE V. DEPARTMENT OF THE LOTTERY SEEKING A REFUND FOR EVERYONE WHO HAS USED THE 1-900 SERVICE SINCE 1995. [SECOND JUDICIAL CIRCUIT COURT, CASE NO. 99-3999] APPARENTLY, THE DEPARTMENT RECEIVES QUITE A BIT OF MONEY FROM THE 1-900 SERVICE, AND IS ANXIOUS TO PROTECT AN IMPORTANT SOURCE OF REVENUE. IF THE WINNING LOTTERY NUMBERS AND PAYOUT INFORMATION IS AVAILABLE FROM A NUMBER OF DIFFERENT SOURCES, AS STATED IN THE BILL, THEN THERE IS NO JUSTIFICATION FOR THE EXEMPTION AS REQUIRED BY ARTICLE I, SECTION 24, OF THE FLORIDA CONSTITUTION.

SOCIAL SERVICES

HB 2289 Department of Children & Family Services: Expands the exemption for the home address and telephone number of certain DCFS employees to also include those employees providing services to abused, neglected, abandoned, or exploited children, disabled adults, and elderly persons. See SB 2420. Rep. Beryl Roberts (D-Miami)

🙁 THE LIST OF GOVERNMENT EMPLOYEES WHOSE HOME ADDRESS IS EXEMPT FROM PUBLIC DISCLOSURE IS GETTING RIDICULOUSLY LONG, AND WE HAVE TO TAKE A VERY CAREFUL LOOK AT THE JUSTIFICATION FOR SUCH CLOSURE. TOO FREQUENTLY, THE LEGISLATURE ATTEMPTS TO JUSTIFY THESE EXEMPTIONS BECAUSE THE EMPLOYEES MIGHT BE SUBJECT TO THREATS OR HARASSMENT, OR BECAUSE SOMEONE MIGHT USE THE INFORMATION FOR AN ILLEGAL OR ILLICIT PURPOSE. IN OUR OPINION, THESE JUSTIFICATIONS ARE NON-SPECIFIC AND CONCLUSORY, AND DO NOT MEET THE CONSTITUTIONAL STANDARD IN ARTICLE I, SECTION 24, OF THE FLORIDA CONSTITUTION.

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