2000 Legislative Session Final Report For Period Ending May 5

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W Withdrawn from further consideration

For Period Ending: May 5

What follows is a list of all the bills we tracked during the 2000 Legislative Session, and the final action on each bill. On page 6, you will find a detailed description of each bill that passed the 2000 Legislature.

Final Action/Open Government Bills
2000 Legislative Session

HB 27 and SB 330, Funding/Legislative Projects
Rep. Sharon Merchant (R-N. Palm Beach); Sen. Burt Saunders (R-Naples)

  • HB 27 died in H. General Appropriations; SB 330 died in S. Fiscal Policy.

CS/HB 125 and CS/SB 378, Release of Ee Information
Rep. Jim Tullis (R-Jacksonville); Sen. Jim King (R-Jacksonville)

  • CS/HB 125 died in S. Governmental Oversight; CS/SB 378 died on S. Calendar.

SB 208 Copyright/Govt Software
S. Governmental Oversight & Productivity Committee

  • Died on H. Calendar.

SB 318 and HB 449, Domestic Violence/Fleeing with Minors
Sen. Tom Rossin (D-West Palm Beach); Rep. Addie Greene (D-West Palm Beach)

  • SB 318 PASSED the Legislature; HB 449 died on H. Calendar. SEE SB 318.

SJR 396 and CS/HJR 923, Judicial Nominating Commission
Sen. Anna Cowin (R-Leesburg); Rep. Fred Brummer (R-Apopka)

  • SJR 396 died in S. Rules; CS/HJR 923 died on H. Calendar.

HB 429 and SB 1556, Cash Assistance Programs
H. Children & Families Committee; Sen. Charlie Clary (R-Destin)

  • HB 429 died in H. Commerce & Economic Opportunities; SB 1556 died in S. Rules.

CS/HB 439 and SB 1872, Certified Capital Companies
Rep. Larry Crow (R-Dunedin); Sen. Don Sullivan (R-St. Petersburg)

  • CS/HB 439 PASSED the Legislature; SB 1872 was tabled. SEE CS/HB 439.

CS/HB 505 and CS/SB 890, Donations/Direct Support Organizations
Rep. Annie Betancourt (D-Miami); Sen. Patsy Ann Kurth (D-Palm Bay)

  • CS/HB 505 was tabled; CS/SB 890 PASSED the Legislature. SEE CS/SB 890.

CS/HB 633 and CS/SB 848, Release of Student Information
Rep. J.D. Alexander (R-Winter Haven); Sen. John Laurent (R-Bartow)

  • CS/HB 633 died in H. Education; CS/SB 848 died on S. Calendar.

CS/HB 829 and CS/SB 992, DOH/Disciplinary Records
Rep. Bruce Kyle (R-Ft. Myers); Sen. Charlie Clary (R-Destin)

  • CS/HB 829 died in H. Health, Aging & Long Term Care; CS/SB 992 died in S. Rules.

SB 836 and HB 1617, Account Information/College Savings Program
Sen. Jim Horne (R-Orange Park); Rep. Jerry Melvin (R-Ft. Walton Beach)

  • SB 836 PASSED the Legislature; HB 1617 was tabled. SEE SB 826.

HB 903, SB 1128 and HB 2003, Pawnshop Transaction Records
Rep. Elaine Bloom (D-Miami Beach); Sen. Skip Campbell (D-Tamarac)

  • HB 903 died in H. Law Enforcement & Crime Prevention; SB 1128 was withdrawn from consideration; and HB 2003 died in H. Business Regulation & Consumer Affairs.

CS/SB 1002 Blueprints/Educational Facilities
S. Education Committee

  • Died in H. Messages.

CS/HB 1037 and CS/SB 1126, Domestic Violence Prevention Task Force
Rep. Ken Pruitt (R-Port St. Lucie); Sen. Doc Myers (R-Stuart)

  • CS/HB 1037 PASSED the Legislature; CS/SB 1126 was tabled. SEE CS/HB 1037.

HB 1081 and CS/SB 1716, Libraries/Software and Obscenity
Rep. Allen Trovillion (R-Winter Park); Sen. Skip Campbell (D-Tamarac)

  • HB 1081 died on H. Calendar; CS/SB 1716 died in H. Messages.

HB 1099 and SB 1874, Campaign Treasurer Reports
Rep. Mark Flanagan (R-Bradenton); Sen. Alex Diaz de la Portilla (R-Miami)

  • HB 1099 died on H. Calendar; SB 1874 died in S. Ethics & Elections.

SB 1108, Public Corruption Investigation Records
Sen. Jim Sebesta (R-St. Petersburg)

  • Died in H. Messages.

SB 1110, Ethics Commission/Self-Initiated Investigations
Sen. Jim Sebesta (R-St. Petersburg)

  • Died in H. Messages.

SB 1256 and HB 1621, Seaport Security Plans
S. Criminal Justice Committee; H. Transportation Committee

  • SB 1256 PASSED the Legislature; HB 1621 was tabled. SEE SB 1256.

CS/SB 1262 and HB 1939, Money Transmitters Records
S. Criminal Justice Committee; H. Financial Services Committee

  • CS/SB 1262 PASSED the Legislature; HB 1939 was tabled. SEE CS/SB 1262.

CS/SB 1278 and HB 2333, Windstorm Insurance/Records & Meetings
Sen. Jim King (R-Jacksonville); Rep. Jerry Melvin (R-Ft. Walton Beach)

  • CS/SB 1278 died in S. Rules; HB 2333 died on H. Calendar.

CS/HB 1477, Local Government Human Resource Managers/Home Addresses
Rep. Greg Gay (R-Cape Coral)

  • Died in S. Governmental Oversight & Productivity.

CS/HB 1479 and CS/SB 2032, DOH/Patient Identifying Information
Sen. Charlie Clary (R-Destin); H. Health Care Services Committee

  • CS/HB 1479 died in S. Health, Aging & Long Term Care; CS/SB 2032 died on S. Calendar.

SB 1510, Managed Care/Dispute Resolution
Sen. Ginny Brown-Waite (R-Brooksville)

  • Died in S. Banking & Insurance.

CS/SB 1588 and CS/HB 2217, Lottery/1-900 Telephone Service
Sen. Jim Horne (R-Orange Park); Rep. Dennis Jones (R-Seminole)

  • CS/SB 1588 died on S. Calendar; CS/HB 2217 died in S. Fiscal Resource.

HB 1591, Health Care Providers
Rep. Al Lawson (D-Tallahassee)

  • WITHDRAWN from consideration.

CS/SB 1620 and HB 2083, Attorney/Client Privilege
Sen. Mario Diaz-Balart (D-Miami); Rep. Chris Smith (D-Ft. Lauderdale)

  • CS/SB 1620 died on S. Calendar; HB 2083 died on H. Calendar. BUT SEE SB 794.

CS/SB 1690, Trade Secrets/Procurement
Sen. Skip Campbell (D-Tamarac)

  • CS/SB 1690 died on S. Calendar.

CS/SB 1732 and HB 2389, Pawnbroker Transaction Records
Sen. Skip Campbell (D-Tamarac); Rep. Allan Bense (R-Panama City)

  • CS/SB 1732 died on S. Calendar; HB 2389 died on H. Calendar.

HB 1741, Health Care Practitioners/Home Addresses
Rep. Janegale Boyd (D-Monticello)

  • Died in S. Health, Aging & Long Term Care.

CS/SB 1846 and HB 2417, Telecommunications/Proprietary Business Information
Sen. Jim Horne (R-Orange Park); H. Utilities & Communications Committee

  • CS/SB 1846 was tabled; HB 2417 PASSED the Legislature. SEE HB 2417.

SB 1850, Public Records Modification
Sen. George Kirkpatrick (R-Gainesville)

  • SB 1850 died in S. Governmental Oversight & Productivity.

CS/HB 1851 and SB 1858, Hospital Report Cards
Rep. Larry Crow (R-Dunedin); Sen. Ginny Brown-Waite (R-Brooksville)

  • CS/HB 1851 died in H. Judiciary; SB 1858 died in S. Health, Aging & Long Term Care.

HB 1869, Visitation Center Employees & Volunteers/Home Addresses
H. Family Law & Children Committee

  • Died on H. Calendar.

CS/CS/HB 1891 and CS/SB 2416, Court Clerks/E-Commerce
H. Utilities & Communications Committee; Sen. Ginny Brown-Waite (R-Brooksville)

  • CS/CS/HB 1891 died in S. Judiciary; CS/SB 2416 died on S. Calendar. BUT SEE CS/CS/SB 1334.

HB 1897, Traffic Crash Reports
Rep. Bill Andrews (R-Delray Beach)

  • Died in H. Transportation.

HB 1903 and SB 2082, Abandoned Newborn Infants
Rep. Sandra Murman (R-Tampa); Sen. John Grant (R-Tampa)

  • HB 1903 was tabled; SB 2082 PASSED the Legislature. SEE SB 2082.

HB 1967, Motor Vehicle Records
Rep. Lindsay Harrington (R-Punta Gorda)

  • Died on H. Calendar.

SB 1986, Executions/Media Access
Sen. Skip Campbell (D-Tamarac)

  • Withdrawn from consideration.

HB 2027 and SB 2486, DOI/Patient Identifying Information
Rep. Elaine Bloom (D-Miami Beach); Sen. Howard Forman (D-Cooper City)

  • HB 2027 died in H. Health Care Licensing & Regulation; SB 2486 died in S. Banking & Insurance.

HB 2075 and SB 2474, Privacy & Technology Task Force
H. Utilities & Communications Committee; Sen. Jack Latvala (R-Palm Harbor)

  • HB 2075 died in S. Governmental Oversight & Productivity; SB 2474 died on S. Calendar. BUT SEE CS/CS/SB 1334.

SB 2078, Economic Development Data
Sen. George Kirkpatrick (R-Gainesville)

  • Died in S. Governmental Oversight & Productivity.

HB 2101 and CS/SB 2394, Health Care Practitioners
H. Health Care Licensing & Regulation Committee; Sen. Skip Campbell (D-Tamarac)

  • HB 2101 died in S. Health, Aging & Long Term Care; CS/SB 2394 died in S. Rules.

CS/SB 2112, Public Records/Death Sentence
Sen. Ginny Brown-Waite (R-Brooksville)

  • Died in S. Fiscal Policy.

HB 2123 and SB 2386, Non-Title IV-D Information
Rep. Debby Sanderson (R-Ft. Lauderdale); Sen. Howard Forman (D-Cooper City)

  • HB 2123 died in S. Children & Families; SB 2386 died on S. Calendar.

SB 2176, Public Records Exemption
Sen. Jim King (R-Jacksonville)

  • Died in S. Governmental Oversight & Productivity.

SB 2250, Student Records/School Readiness Program
Sen. Anna Cowin (R-Leesburg)

  • PASSED the Legislature. SEE SB 2250.

CS/SB 2280 and HB 2307, Child Abuse Records/Guardian Ad Litem
Sen. Richard Mitchell (D-Jasper); H. Family Law & Children Committee

  • CS/SB 2280 died in S. Rules; HB 2307 died in S. Judiciary.

HB 2289 and CS/SB 2420, CFS Personnel/Home Addresses
H. Family Law & Children Committee: Sen. Mario Diaz-Balart (R-Miami)

  • HB 2289 died in S. Children & Families; CS/SB 2420 died in S. Rules.

HB 2321, Brain & Spinal Cord Injury Program
H. Health Care Services Committee

  • Died on H. Calendar.

CS/SB 2434, Educators/Recovery Network Program
Sen. Anna Cowin (R-Leesburg)

  • Died in H. Messages.

SB 2502, Records & Meetings
Sen. Jack Latvala (R-Palm Harbor)

  • Died in S. Governmental Oversight & Productivity.

OPEN GOVERNMENT BILLS PASSED IN 2000 SESSION

  1. SB 318, Domestic Violence/Fleeing with Minors: Creates a public records exemption for information provided to sheriffs and state attorneys by people who take minor children when fleeing from domestic violence. Sen. Tom Rossin (D-West Palm Beach)
  2. CS/HB 439, Certified Capital Companies: Stipulates that (1) any information relating to an investigation or review of a CAPCO by the Department of Banking & Finance (DBF), including consumer complaints, is exempt until the investigation is complete or no longer active; (2) if the investigative or review records are submitted to a law enforcement or administrative agency for further investigation, then the records remain confidential and exempt until completion of the subsequent investigation; and (3) consumer complaints and other information will remain exempt if disclosure would reveal a trade secret, jeopardize the integrity of another active investigation or review, or disclose the identity of a confidential source or investigative techniques or procedures. Also creates public records exemptions for (4) the home addresses and telephone numbers of DBF personnel involved in CAPCO investigations or reviews that might endanger their lives or physical safety or that of their families; (5) all information obtained by the DBF which is made available on a confidential or restricted basis (this exemption does not apply to information which must be filed with the DBF); and (6) the social security numbers of CAPCO customers, complainants, or persons associated with CAPCOs. In addition, CS/HB 439 authorizes the presiding officer in any administrative, civil, or criminal proceeding to prevent disclosure of the exempt information and creates a privilege against civil liability to those providing information or evidence to the department. Rep. Larry Crow (R-Palm Harbor) 🙁
  3. SB 794, Attorney/Client Privilege: Amended on the last day of session to include the substance of SB 1620 and HB 2083, amending ch. 90, F.S., the Florida Evidence Code, to create a attorney/client privilege for government attorneys. Stipulates, however, that only those discussions not subject to the Sunshine Law may be protected by the privilege, and that the privilege cannot be construed as creating or altering any exemption to the Sunshine Law or the Public Records Law. Sen. Burt Saunders (R-Naples) DOES NOT CREATE AN EXEMPTION
  4. 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 with the condition that the information remain confidential. Sen. Jim Horne (R-Orange Park)
  5. 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 contributions certified by a majority of the DSO governing board at a regularly scheduled meeting as directly related to the educational mission of the university or community college. Sen. Patsy Ann Kurth (D-Palm Bay) DOES NOT CREATE AN EXEMPTION
  6. CS/HB 1037, Domestic Violence Prevention Task Force: Stipulates that confidential records obtained by a domestic violence fatality prevention task force retain their confidential status. Creates a public meetings exemption for those portions of task force meetings during which the identity of a victim or the children of the victim is discussed. Rep. Ken Pruitt (R-Port St. Lucie)
  7. 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. S. Criminal Justice Committee
  8. CS/CS/SB 1262, Money Transmitter Records: Stipulates that all information concerning an investigation or examination conducted by the Department of Banking & Finance (DBF) pursuant to the Money Transmitter’s Code is exempt until the conclusion of the investigation or examination, and 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. S. Criminal Justice Committee OPENS ACCESS TO RECORDS CURRENTLY CLOSED
  9. CS/CS/SB 1334, Electronic Commerce: This bill, which deals generally with regulating electronic commerce and creating the State Technology Office, was amended in the final days of session to include the substance of two bills on our tracking list: CS/CS/HB 1891 and CS/SB 2416, E-Commerce/Clerks of Court; and HB 2075 and SB 2474, Privacy & Technology Task Force. As amended, CS/CS/SB 1334 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 . . . .” [Substance of 1891/2416] CS/CS/SB 1334
    also 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 July 1, 2001. [Substance of 2075/2474] Sen. Ron Klein (D-Delray Beach) DOES NOT CREATE AN EXEMPTION
  10. SB 2082, Abandoned Newborn Infants: Creates a public records exemption for the identity of parents who leave a newborn infant at a hospital or fire station. Stipulates that the identity of the parent leaving a child must be disclosed to a person claiming to be a parent of the newborn infant. Sen. John Grant (R-Tampa)
  11. SB 2250, Student Records/School Readiness Program: Creates public record exemptions for individual records of children enrolled in (1) subsidized child-care programs and (2) school readiness programs. Defines “records” to include assessment data, health data, records of teacher observations, and identifying data, including a child’s social security number. Allows access to the exempt records by a child’s parent or guardian, school readiness coalitions, and the Florida Partnership for School Readiness. Sen. Anna Cowin (R-Leesburg)
  12. 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.” Also creates an exemption for maps, plans, schematics, diagrams or other engineering data in the possession of local government that relate to the exact location and capacity of facilities for the provision of communications services by the local government entity. Stipulates that such information becomes available 60 days after the completion of the construction of a communications services facility. H. Utilities & Communications Committee

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We’re feeling a bit like Chicken Little: With 83 (!) bills on our tracking list, many of them really bad, it seemed, truly, as if the sky was falling. But now that all the dust has settled, the 2000 Session wasn’t as bad as it seemed it would be two months ago. Eight new exemptions were created. CS/HB 439 is the only 🙁 bill on the list, and one bill, SB 1262, actually opens access to records currently closed.

The 2000 Session looks even better if we consider what didn’t pass: CS/HB 829 and CS/SB 992, closing access to adverse incident reports submitted by doctors to the Department of Health; HB 1967, closing access to driver history records; HB 2101 and CS/SB 2494, exempting information, including home addresses, for health care practitioners; SB 1108, the Public Corruption Task Force exemption legislation; and all those bills that would have created exemptions for the home addresses of various government employees. Senate President Toni Jennings and senate staff deserve credit—and kudos—for subjecting all open government bills to the high level of scrutiny we believe such bills warrant. Not surprisingly, Senator Jennings has been nominated for our annual Friend of the First Amendment Award.

Interestingly, the Florida House of Representatives failed to pass SB 208, a bill which would have reenacted a provision in § 119.083, F.S., allowing government agencies to copyright (and market) data processing software. The failure by the House to pass SB 208 means that the copyright authority will automatically sunset (repeal) on October 1, 2000. ( 🙂 )What we’re still trying to figure out is what impact the failure to pass SB 208 will have on other provisions in
§ 119.083, specifically those regulating access to public records in electronic formats. We’ll let you know what we find out.

If you have any questions about any of the legislation contained in this report, call Barbara Petersen at (800) 337-3518 or, in Tallahassee, 222-3518. If you’d like to nominate someone for this year’s Friend of the First Amendment Award, please call Laura at the same number. Nominations are open to anyone in Florida who has made a significant contribution to the cause of furthering open government in the state.

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