2001 Legislative Report for Period Ending April 13

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W Withdrawn from further consideration

For Period Ending: April 13

CS/HB 3 Citizen’s Right to Honest Government Act: In pertinent part, HB 3 prohibits the disclosure of active criminal investigative or intelligence information by a “public servant” with the intention of obstructing, impeding, or preventing a criminal investigation or prosecution if the information is not available to the general public and is gained by reason of the public servant’s official position. Also prohibits the disclosure of material information concerning a bid or other aspects of the competitive bidding process when such information is not publicly disclosed, and the concealment, destruction, mutilation, or alteration of any official record or document. Finally, stipulates that a person who provides information regarding suspected criminal violations committed by a public servant shall be considered a confidential informant or confidential source. Similar to SB 714. Rep. Randy Ball (R-Titusville)

  • H. Council for Smarter Government: An amendment amending s. 112.315, F.S., relating to restrictions on employment of relatives, is adopted; reported favorably with one amendment.

CS/CS/SB 306 Crime Victims Notification: In pertinent part, requires the Department of Corrections (DOC) to notify the state attorney and a victim or the victim’s parent, guardian, or representative that an inmate has been approved for community work release (amending s. 947.175, F.S.), and stipulates that a victim or the victim’s parent, guardian or next of kin may review the presentence investigation report (amending s. 958.07, F.S.). Also stipulates that a victim or witness must be given information about the address confidentiality program, and that a victim of a sexual offense must be informed of the right to have the courtroom cleared of certain persons when the victim is testifying concerning the offense (amending 960.001, F.S.). No House companion. Sen. Charlie Clary (R-Destin)

  • S. Appropriations Subcommittee/Public Safety & Judiciary: A “strike everything” amendment, making minor changes to the bill, is adopted. Reported favorably as a committee substitute.

HB 389 OGSR/Economic Development Agencies: Reenacts, without change, s. 288.075, F.S., providing an exemption for records of an economic development agency which contain information concerning a private corporation’s plans to locate, relocate, or expand any of its business activities in the state upon request of the corporation, and stipulating that the exemption applies for 2 years or until the information is otherwise disclosed. Similar to SB 484. H. State Administration Committee

  • S. Commerce: Reported favorably.

HB 391 OGSR/Qualified Tax Refund Programs: Reenacts, with minor changes, s. 288.1066, F.S., providing an exemption for certain identifying, proprietary, tax, and trade secret information received by specified government agencies in connection with the administration of the qualified defense contractor and qualified target industry tax refund programs. Similar to SB 486. H. State Administration Committee

  • S. Commerce: Reported favorably.

p HB 407 OGSR/University Health Services Support Organizations: Reenacts and partially narrows s. 240.2996, F.S., providing various public records exemptions and a meetings exemption for university health services support organizations. Reenacts, without change, public records exemptions for (1) contracts for managed care arrangements; (2) trade secrets, including methodologies and rates; (3) records of peer review panels relating solely to the evaluation of health care services and professional credentials; and (4) those portions of the minutes of the board which contain information about contracts, documents, records, marketing plans, or trade secrets. Reenacts, without change, the exemption for portions of board meetings during which confidential and exempt information is discussed. Narrows the public records exemption for an organization’s marketing plan by specifying that the exemption applies only if the information could be used by a competitor to frustrate, circumvent, or exploit the purpose of the plan prior to its implementation. Similar to SB 418. H. State Administration Committee

  • Senate: Passed the Senate (37/0). PASSED THE LEGISLATURE

HB 477 Abandoned Newborns/EMS: Expands the current exemption for the identification of parents leaving newborn infants at hospitals or fire station to include the identity of parents leaving a newborn infant at an emergency medical services station. Identical to SB 1314. Rep. Mike Hogan (R-Jacksonville)

  • H. State Administration: Reported favorably.

CS/CS/HB 721 Individual Agricultural Records: Creates a public records exemption for individual agricultural records relating to processes or methods of production, or relating to costs of productions, profits, or other financial information which is not otherwise subject to public disclosure, which is reported to the Department of Agriculture and Consumer Services (DOA) pursuant to rules relating to pollution reduction established by DOA . Allows access to such exempt records by the Department of Environmental Protection or a water management district. Similar to SB 1380. Rep. Dwight Stansel (R-Live Oak)

  • H. Council on Competitive Commerce: Motion to incorporate amendment adopted last week by H. State Administration (making records confidential and exempt) is approved; reported favorably as a committee susbstitute.

SB 768 Home Addresses/Human Resource Managers: Creates a public records exemption for the home addresses, telephone numbers, social security numbers and photographs of current or former human resource, labor relations, or employee relations managers or directors of any local government agency or water management district whose duties include hiring and firing employees, labor contract negotiation, administration, or other personnel-related duties. Also exempts the same information for the spouses and children of such employees. Identical to HB 731. Sen. Debby Sanderson (R-Ft. Lauderdale)

  • S. Comprehensive Planning: Reported favorably.

CS/HB 813 Pharmaceutical Adverse Incidents: Requires a licensed pharmacist or other health care practitioner to report pharmaceutical adverse incidents to the Department of Health (DOH). “Adverse incident” is defined as dispensing of a different medication, a different dose, or the correct medication in a container with different instructions than that specified in the prescription. Similar to SB 1096. Rep. Charlie Justice

  • H. Health Regulation: Various amendments adopted, most importantly (1) a provision stipulating that the bill will take effect only upon the effective date of legislation creating a public records exemption for pharmacist adverse incident reports; and (2) a requirement that DOH publish on its website a summary and trend analysis of pharmaceutical adverse incidents. Reported favorably as a committee substitute.

CS/SB 904 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. No House companion. Sen. Rudy Garcia (R-Hialeah)

  • S. Health: A “strike everything” amendment creating (1) a public record exemption for trade secrets, rebate amounts, percent of rebates, manufacturer’s pricing, and supplemental rebates contained in records of the Agency for Health Care Administration relating to pharmaceutical supplemental rebate negotiations; and (2) a meetings exemption for meetings of the Medicaid Pharmaceutical and Therapeutics Committee at which such information is discussed, is adopted. Reported favorably as a committee substitute.

HB 947 Medical Malpractice/Release of Records: Amends s. 766.104, F.S., to allow for the release of all medical and care and treatment records to certain, specified persons for the purpose of completing a medical malpractice investigation. Stipulates that a health care practitioner complying with the disclosure requirements will not be liable for any civil damages attributable to the disclosure. Similar to CS/SB 1084. Rep. Jack Seiler

  • H. Judicial Oversight: A minor amendment is adopted; reported favorably with one amendment.

CS/HB 1103 Insurer Receivership Records: Creates a public records exemption for certain, specified records of an insurance company subjected to receivership proceedings unless such records have been subject to public scrutiny while in the custody of the insurance company absent the receivership proceedings. Similar to SB 1458. Rep. Anne Gannon (D-Delray Beach)

  • H. Insurance: A “strike everything” amendment narrowing the exemption to include only specific underwriting files, records that would be privileged against discovery, medical records, non-managerial personnel and payroll records, and claims information identifying an insured, made or received by the Department of Insurance acting as a receiver, is adopted. Reported favorably as a committee substitute.

HB 1147 DOI/Personal Information: Creates a public records exemption for personal information related to bank account numbers, personal financial information, patient records, and other personal health information in financial or patient records received by the Department of Insurance (DOI). Similar to CS/SB 1734. Rep. Will Kendrick (D-Carrabelle)

  • H. State Administration: A “strike everything” amendment making minor, technical changes to the exemption is adopted. As amended, exempts bank account numbers, debit, charge, and credit card numbers, and all personal identifying information contained in financial records, patient records and other individual health records held by DOI. Reported favorably with one amendment.

SB 1200 Nursing Homes/Internal Risk-Management Records: Creates a public records exemptions for (1) records of meetings of nursing home risk-management and quality assurance committees; (2) incident reports filed with facility risk managers and administrators; (3) notifications of adverse incidents; and (4) adverse incident reports. Allows the Agency for Health Care Administration (AHCA) to release such records to the appropriate law enforcement agency or regulatory board if AHCA has a reasonable belief that facility staff has engaged in criminal activities or conduct requiring disciplinary action. Stipulates that the records retain their confidential and exempt status. Also creates an exemption for the meetings of nursing home risk-management and quality-assurance committees. Similar to HB 1619 and HB 1881. Sen. Ginny Brown-Waite (R-Brooksville)

  • S. Judiciary: Reported favorably.

SB 1380 Individual Agricultural Records: Creates a public records exemption for individual agricultural records relating to processes or methods of production, or relating to costs of productions, profits, or other financial information which is not otherwise subject to public disclosure, which are reported to the Department of Agriculture and Consumer Services (DOACS) pursuant to rules relating to pollution reduction established by DOA . Similar to HB 721. Sen. John Laurent (R-Bartow)

  • S. Agriculture: An amendment allowing DOACS to share the exempt records with other government agencies, provided that the confidentiality of the records is maintained, is adopted. Reported favorably with one amendment.

HB 1421 Qualified Tax Refund Programs: Expands the exemption in s. 288.1066, F.S., to include within the exemption the amount of paid excise taxes on documents; the amount of taxes paid for which the qualified applicant seeks a tax refund; and data concerning the number of jobs created and the wages paid for the jobs by a qualified applicant which are submitted as part of a claim for a tax refund “and as evidence of the achievement of performance items contained in the tax refund agreement.” Similar to HB 391. Identical to SB 486. H. Economic Development Committee

  • H. State Administration: Reported favorably.

HB 1437 Communication Systems: Creates a public records exemption for technical information pertaining to trunking radio communications systems and mobile data communications used by government agencies. Specifically exempts access to technical information, including system trunking format data, mobile data terminal information, coded radio identification information, and encryption codes used to ensure secure communications, that would allow unauthorized individuals to gain transmit access or allow monitoring of encrypted or privileged communications. Identical to SB 1762. Rep. Randy Ball (R-Titusville)

  • H. State Administration: An amendment defining “technical information” as system trunking format data, mobile data terminal information, coded radio identification information, information pertaining to internal system structuring, system keys, encryption codes used to facilitate secure communications, and control channel data format information, is adopted. Reported favorably with one amendment.

HB 1523 Tobacco Industry Records: Creates a public records exemption for information submitted by members of the tobacco industry to the Comptroller for purposes of calculating annual tobacco-settlement payments to the state. Similar to CS/SB 1562. Rep. Irving Slosberg (D-Boca Raton)

  • H. State Administration: An amendment exempting proprietary confidential business information received by the Governor, the Attorney General, or outside counsel representing the State in negotiations for settlement payments pursuant to the tobacco settlement agreement, or received by the Comptroller or the Auditor General for purposes of verifying the settlement payments, and defining “proprietary confidential business information” as trade secrets, confidential Form 10 K information, internal auditing control policies and procedures, reports of internal auditors, financial and marketing information, financial statements, independent auditor report letters, analyses of specific revenue and expense items, and working papers, schedules, analyses, and reconciliations prepared by company personnel for the purpose of clarifying disclosure of revenues, is adopted. Reported favorably with one amendment.

CS/HB 1541 Economic Development Agencies: Amends the exemption in s. 288.075, F.S., relating to economic development agencies (EDA), to allow an EDA to extend the period of confidentiality for an additional year upon written request of the private corporation and a finding by the agency that the corporation is still actively considering locating, relocating, or expanding its business activities in the state. Expands the definition of “economic development agency” to include local government employees directly involved in business recruitment and expansion activities. Also creates an exemption for trade secret information contained in records of an economic development agency relating to the plans, intentions, or interests of a private corporation, stipulating that such information will be exempt for 10 years after the agency receives a request for confidentiality. Identical to SB 484. Similar to HB 389. H. Economic Development & International Trade

  • H. Council for Competitive Commerce: An amendment to include the Florida Commercial Space Finance Corporation within the exemption is adopted, as is a minor amendment to the statement of public necessity. Reported favorably as a committee substitute.

CS/HB 1561 Learning Gateway: Creates a public records exemption for the individual records of children enrolled in Learning Gateway programs, when held by such programs. Stipulates that such records include assessment data, health data, records of teacher observations, and identifying data, including the child’s name, address, and social security number. Allows access by the child’s parent or guardian. Similar to CS/SB 906. Rep. Gayle Harrell (R-Port St. Lucie)

  • H. General Education: A “strike everything” amendment creating an exemption for personal identifying information, including names, address, telephone number or social security number, in records held by the Learning Gateway program relating to children served by the program, is adopted. Reported favorably as a committee substitute.

HB 1585 Abandoned Property Reports: As amended, creates a public records exemption for social security number and financial account numbers in reports of abandoned property. Identical to CS/SB 1280. Rep. Nancy Detert (R-Venice)

  • H. State Administration: A “strike everything” amendment making minor, technical changes is adopted. Reported favorably with one amendment.

HB 1695 Student Assessments Data: Creates a public records exemption for data disclosing personal identifying information about a teacher or any other instructional personnel and the effects of instruction by such teacher or other instructional personnel on a student in the possession of the Department of Education (DOE) or the State Board of Education. No Senate companion. Rep. J.D. Alexander (R-Winter Haven)

  • H. Education Innovation: Reported favorably.

CS/HB 1699 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 records relative to an employee’s participation in an employee assistance program; and (12) all responses to requests for proposals, until the successful vendor is selected. Stipulates that underwriting files transferred to an insurer or authorized agent are no longer public records. 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. No Senate companion. Rep. Leslie Waters (R-Largo)

  • H. Insurance: A “strike everything” amendment adding an exemption for workpapers prepared by or for the Department of Insurance pursuant to an investigation of an insurance company; deleting the exemption for responses to requests for proposals (12) and creating an exemption for information relating to negotiations for financing, reinsurance, depopulation, or contractual services, until the conclusion of the negotiations; and deleting the meetings exemption, is adopted. Reported favorably as a committee substitute.

HB 1701 Code Enforcement Officers: Slightly expands the current exemption for the home addresses and telephone numbers of code enforcement officers in s. 119.07(3)(i), F.S., to include in the exemption social security numbers and the work addresses and telephone numbers of spouses. Identical to SB 1766. Rep. Chris Smith (D-Ft. Lauderdale)

  • H. Local Government & Veterans Affairs: Reported favorably.

SB 1766 Code Enforcement Officers: Slightly expands the current exemption for the home addresses and telephone numbers of code enforcement officers in s. 119.07(3)(i), F.S., to include in the exemption social security numbers and the work addresses and telephone numbers of spouses. Identical to HB 1701. Sen. Victor Crist (R-Tampa)

  • S. Comprehensive Planning: Reported favorably.

HB 1805 Accident Reports: Creates a public records exemption for the name, home or employment address, home or employment telephone number, or other personal information concerning those people involved in auto accidents for sixty days. Allows access by certain, specified parties, including professional journalists as defined in s. 90.5015, F.S. Stipulates that any person in possession of such information who knowingly discloses it to a person not entitled to access is guilty of a third degree felony, and that any person who, using falsified credentials, knowingly obtains or attempts to obtain personally identifying information is also guilty of a third degree felony. Similar to SB 1466. H. Insurance Committee

  • H. State Administration: A “strike everything” amendment making minor technical changes is adopted; reported favorably with one amendment.

CS/SB 1836 DOR & Local Government/Sharing Information: Amends s. 213.053, F.S., to create a public records exemption for information provided to the Department of Revenue (DOR) relating to communication services taxes. Authorizes the sharing of such information between DOR and local governments, and stipulates that such information, confidential and exempt while in the custody of the DOR, retains its confidential and exempt status when transferred to local government. Similar to HB 1891. Sen. Lisa Carlton (R-Osprey)

  • S. Finance & Taxation: A “strike everything” amendment narrows the exemption to include reports, audit files, notices of intent to audit, tax returns and other confidential tax information provided to the Department of Revenue (DOR) relating to communication services taxes and the Communication Services Tax Simplification Law, and adds a statement of public necessity for the exemption. Reported favorably as a committee substitute.

HB 1845 Criminal Use of Personal Information: Amends the definition of “harass” in s. 817, 568, F.S., as knowingly engaging in “unauthorized” conduct that subjects a person to “annoyance, embarrassment, humiliation, distress, torment, or terror”. Makes it a second degree misdemeanor to obtain or use personal identifying information without authorization, and a first degree misdemeanor to obtain or use such information to harass someone. Stipulates that the offense of identity theft will be reclassified to the next higher degree if the perpetrator used public records to commit the crime. Requires restitution. Allows for prosecution of the crime in any county where any element of the crime occurs, and stipulates that prosecution must occur within five years after the offense occurred. Similar to CS/SB 524. H. Information Technology Committee

  • H. Crime Prevention, Corrections & Safety: An amendment, conforming HB 1845 to its Senate companion, is adopted. As amended, HB 1845 amends s. 817.568, F.S., to make it a second degree felony to willfully use personal identification information concerning an individual for the purpose of committing a fraud, if the amount of the injury or fraud perpetrated is more than $75,000; stipulates that if such offense was facilitated or furthered by the use of a public record, the offense is reclassified to the next higher degree; allows for prosecution of the crime in the county where the victim resides or a county where any element of the crime was committed; stipulates that prosecution must occur within three years after the offense occurred or within one year after discovery of the offense by the victim if within five years after the violation. Reported favorably with one amendment.

SB 1958 Investigation Records/Compensation Claims: Creates a public records exemption for investigation records made or received by the Division of Administrative Hearings related to investigation of complaints against judges of compensation claims until the investigation is complete or no longer active. Stipulates that the records will remain confidential after the investigation under certain, specified conditions. No House companion. Sen. Jack Latvala (R-Palm Harbor)

  • S. Banking & Insurance: Reported favorably.

SB 2146 Medical Records/Prohibition on Solicitation: Amends s. 456.057(5), F.S., allowing release of medical records upon written authorization of the patient, to prohibit the use of medical records for the purpose of solicitation and marketing. Similar to HB 985. Sen. Richard Miller (D-Jasper)

  • S. Health: A “strike everything” amendment, conforming the bill to its House companion, inserts a requirement (but does not technically create a public records exemption) that personally identifying information, name, age, diagnosis, address, bank account numbers, and debit and credit card numbers contained in a person’s health records made or received by the person’s doctor, pharmacist, and public or private health facility be held confidential; retains prohibition for the use of medical records for solicitation and marketing; reported favorably with one amendment.

CS/SB 2178 Temporary Assistance Programs: Creates a public meetings exemption for portions of meetings held by the Department of Children and Family Services, the Agency for Workforce Innovation, Workforce Florida, the Department of Management Services, the Department of Health, the Department of Revenue, the Department of Education, a regional workforce board, and service providers of such agencies, at which information identifying individuals who have applied for or are receiving temporary assistance. Also creates a public records exemption for information identifying such individuals held by the same agencies. Specifies when, and under what conditions, such information may be released. Similar to HB 1385. Sen. Durrell Peaden (R-Crestview)

  • S. Children & Families: Amended to add a definition of “temporary assistance”, defined as “any case or services provided with funds from the Temporary Assistance for Needy Families block grant”; other, minor amendments also adopted. Reported favorably as a committee substitute.

CS/SB 2220 Data Processing Software/Electronic Records: Reenacts, in its entirety, s. 119.083, F.S., which allows a government agency to copyright data processing software it develops and provides numerous provisions regarding access to public records in electronic formats. Grants government agencies the specific authority to establish a price for the sale or licensing of agency-created data processing software. Renumbers the section as 119.084. Similar to CS/HB 789. Sen. Bill Posey (R-Rockledge)

  • S. Comprehensive Planning: An amendment adding a statement of public necessity relating to the copyright of computer software is adopted; reported favorably as a committee substitute.

NEW BILLS FILED

HB 1891 DOR & Local Government/Sharing Information: Amends s. 213.053, F.S., to create a public records exemption for reports, audit files, notices of intent to audit, tax returns and other confidential tax information provided to the Department of Revenue (DOR) relating to communication services taxes and the Communication Services Tax Simplification Law. Authorizes the sharing of such information between DOR and local governments, and stipulates that such information, confidential and exempt while in the custody of the DOR, retains its confidential and exempt status when transferred to local government. Similar to SB 1836. H. Utilities & Telecommunications Committee

🙁 THE STATED PURPOSE OF THIS LEGISLATION IS TO PROTECT THE BUSINESS INTERESTS OF COMMUNICATION SERVICES COMPANIES, AND TO PROTECT COMPETITION WITHIN THE INDUSTRY. HOWEVER, THE EXEMPTION INCLUDES MORE THAN PROPRIETARY BUSINESS INFORMATION, AND IS UNCONSTITUTIONALLY OVERBROAD.

CS/SB 2124 Archaeological Sites: Creates a public records exemption for any information identifying the location of archaeological sites in records maintained by the Division of Historical Resources if the Division finds that disclosure would create a substantial risk of destruction or harm at such sites. Identical to HB 1565. Sen. Rudy Garcia (R-Hialeah)

  • S. Comprehensive Planning: An amendment to the statement of public necessity is adopted; reported favorably as a committee substitute.
    THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

SB 2294 DOR/Property Address Database: Requires the Department of Revenue (DOR) to create and maintain annually an electronic database of property addresses, and to furnish a copy of the database in an electronic format to any insurance company or vendor for the sole purpose of assigning insurance premiums to the proper local taxing jurisdiction. No House companion. Sen. Tom Rossin (D-Royal Palm Beach)

??? ALTHOUGH THIS BILL DOES NOT CREATE A PUBLIC RECORDS EXEMPTION, THE PHRASE “FOR THE SOLE PURPOSE OF ASSIGNING INSURANCE PREMIUMS” MAKES US QUESTION THE ACTUAL INTENT OF THE LEGISLATION. CLEARLY, IF DOR CREATES SUCH A DATABASE, IT’S A PUBLIC RECORD AND ANYONE WHO WANTS A COPY FOR WHATEVER REASON IS ENTITLED TO A COPY IN ANY FORMAT MAINTAINED BY THE AGENCY.

SUBJECT INDEX

  • BUSINESS AND COMMERCIAL INFORMATION
    HB 721, Individual Agricultural Records
    HB 1103, Insurer Receivership Records
    SB 1380, Individual Agricultural Records
    SB 1458, Insurer Receivership Records
    HB 1523, Tobacco Industry Records
    SB 1562, Tobacco Industry Records
  • CRIMINAL JUSTICE AND LAW ENFORCEMENT
    HB 3, Citizens’ Right to Honest Government Act
    SB 270, DNA Test Results
    SB 306, Crime Victims Notification
    SB 384, OGSR/911 Telephone Calls
    HB 399, OGSR/911 Telephone Calls
    HB 403, OGSR/Pawnbroker Transaction Records
    SB 514, Use of Public Record Information/Criminal Purpose
    SB 524, Criminal Use of Personal Information
    HB 643, Criminal Use of Personal Information
    SB 696, Criminal Use of Personal Information
    SB 714, Citizens’ Right to Honest Government Act
    SB 804, OGSR/Pawnbroker Transaction Records
    HB 995, Access to Police Reports
    HB 1083, Autopsy Photographs
    SB 1356, Autopsy Photographs
    HB 1437, Communications Systems
    SB 1466, Accident Reports
    SB 1688, Access to Police Reports
    SB 1762, Communications Systems
    HB 1771, Juvenile Records
    HB 1805, Accident Reports
    HB 1819, Illegal Use of Public Records
    HB 1845, Criminal Use of Personal Information
    SB 2006, Juvenile Justice/Quality Assurance Review
    SB 2028, Production of Records
  • EDUCATION
    CS/SB 906, Learning Gateway
    HB 1405, Release of Student Records
    HB 1535, Educational Professionals
    HB 1561, Learning Gateway
    HB 1695, Student Assessments Data
  • EMPLOYMENT
    SB 768, Home Addresses/Human Resource Managers
    HB 731, Home Addresses/Human Resource Managers
    SB 1186, Law Enforcement Employees
    HB 1701, Code Enforcement Officers
    SB 1766, Code Enforcement Officers
    SB 2128, Lists of State Employees
  • ETHICS AND ELECTIONS
    HB 275, Campaign Treasurer Reports
    SB 1930, Central Voter File
  • FINANCIAL INFORMATION
    HB 383, OGSR/Bank Account Numbers
    HB 389, OGSR/Economic Development Agencies
    HB 391, OGSR/Qualified Tax Refund Programs
    SB 484, OGSR/Economic Development Agencies
    SB 486, OGSR/Qualified Tax Refund Programs
    SB 632, OGSR/Bank Account Numbers
    HB 1421, Qualified Tax Refund Programs
    SB 1838, Financial Records/State Bidders
    SB 1836, DOR & Local Government/Sharing
    HB 1891, DOR & Local Government/Sharing
    SB 2294, DOR/Property Address Database
  • FIRST AMENDMENT ISSUES
    HB 65, Public Libraries & Obscenity
    SB 356, Public Libraries & Obscenity
  • GENERAL GOVERNMENT
    SB 382, OGSR/Sealed Bids – Municipal Utilities
    HB 385, OGSR/Sealed Bids – Municipal Utilities
    HB 789, Data Processing Software/Electronic Records
    SB 892, Public Records Exemption
    SB 894, Public Records Exemption
    SB 896, Public Records Exemption
    SB 898, Public Records Exemption
    SB 900, Public Records Exemption
    SB 902, Public Records Exemption
    SB 904, Public Records Exemption
    SB 906, Public Records Exemption
    HB 1537, Bids and Contracts for Services
    SB 1560, Internet/Publication of Notices
    SB 1678, State Employees/Bidding
    HB 1763, Internet/Publication of Notices
    SB 1898, Government Collection of Information
    SB 1944, Chief Privacy & Public Access Officer
    SB 2220, Data Processing Software/Electronic Records
  • HEALTH CARE and HOSPITALS
    HB 365, DOH/Identifying & Personal Information
    HB 401, OGSR/Antitrust No-Action Letters
    HB 407, OGSR/University Health Services Support Organizations
    SB 414, OGSR/Antitrust No-Action Letters
    HB 418, OGSR/University Health Services Support Organizations
    HB 599, OGSR/Antitrust No-Action Letters
    SB 692, Physicians/Adverse Incident Reports
    HB 813, Pharmaceutical Adverse Incident Reports
    SB 840, DOH/Identifying & Personal Information
    HB 985, Medical Records/Prohibition on Solicitation
    HB 1067, Physicians/Adverse Incident Reports
    SB 1084, Medical Malpractice/Release of Records
    SB 1096, Pharmaceutical Adverse Incident Reports
    SB 1200, Nursing Homes/Internal Risk-Management
    SB 1238, Medical Information/ParaTransit Services
    HB 1517, HMO/Risk-Based Capital Reports & Meetings
    HB 1619, Nursing Homes/Records & Meetings
    SB 1848, Nursing Homes/Claimant Information
    HB 1871, Physicians/Adverse Incident Reports
    SB 2082, HMO/Risk-Based Capital Reports & Meetings
    SB 2228, Long-Term-Care-Facility JUA/Claims Files
  • HISTORICAL RECORDS AND INFORMATION
    HB 1565, Archaeological Sites
    SB 2124, Archaeological Sites
  • INSURANCE
    HB 405, OGSR/Surplus Lines Insurance Records
    SB 1026, OGSR/Surplus Lines Insurance Records
    HB 1699, Windstorm Underwriting Association
    SB 2170, DOI Records
    SB 2218, DOI Investigation Work Papers
  • INVESTIGATORY RECORDS
    SB 1958, Investigation Records/Compensation Claims
  • LEGISLATIVE RECORDS AND MEETINGS
    SJR 92, Legislative Meetings
  • PERSONAL INFORMATION
    HB 387, OGSR/Donors – Sports-Related Industries
    HB 393, OGSR/Tourism Marketing & Research Projects
    HB 397, OGSR/Personal Information – Toll Facilities
    SB 454, OGSR/Donors – Sports-Related Industries
    SB 456, OGSR/Tourism Marketing & Research Projects
    HB 477, Abandoned Newborns/EMS
    SB 772, Non-Title IV-D Child Support Enforcement Services
    SB 996, Identity Theft
    SB 998, Privacy & Public Records
    SB 1060, OGSR/Personal Information – Toll Facilities
    HB 1147, DOI/Personal Information
    SB 1280, Abandoned Property Reports
    SB 1314, Abandoned Newborns/EMS
    HB 1385, Temporary Assistance Programs
    SB 1552, Armed Forces/Form DD-214
    HB 1585, Abandoned Property Reports
    SB 1726, Elderly Affairs/Personal Information
    SB 1734, DOI/Personal Information
    SB 2178, Temporary Assistance Programs
  • SECURITY PLANS & RELATED INFORMATION
    HB 395, OGSR/Airport Security Plans
    SB 1062, OGSR/Airport Security Plans

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This is, without doubt, the WORST year for Florida’s sunshine laws in the past 15 years or so. To date, there are 132 (!!!!) open government bills under consideration by the Florida Legislature, compared to a total of 83 for all of last session. We’re not sure what’s driving this unprecedented attack on open government, but there are a number of alarming trends in this year’s assault:

  1. We’re seeing an increasing number of penalty provisions for the release of exempt information. In fact, two bills—HB 1083, the autopsy photo exemption, and HB 1805, an exemption for accident reports—make it a third degree FELONY for anyone to provide access to the exempt records.
  2. There are a number of bills filed—SB 1466 and HB 1805, creating an exemption for accident reports, for example—that close access to records because someone is using the records to commit a crime. Senator Locke Burt has filed two bills, SB 514 and SB 524, focusing on the misuse or illicit use of public records rather than closing access to those records. These are both good bills that deserve our support.
  3. Privacy and the Internet. This issue is putting pressure on our Public Records Law in a way that nothing has before. We’re seeing an attempt to close access to corporate financial records—in the name of privacy. At least one bill, SB 2128, would close access to the names of state agency employees—in the name of privacy. Clearly, some information may be more sensitive when on the Internet than when in a traditional-format record (social security numbers, for example). There is at least one bill, SB 1898 by Senator Locke Burt, that attempts to deal with this issue without closing access to records. Under SB 1898, the burden is on government to justify its need to collect information—if government doesn’t collect it, it doesn’t become public record.

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