2001 Legislative Report for Period Ending April 6

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W Withdrawn from further consideration

For Period Ending: April 6

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. Fiscal Policy & Resources: Minor amendment adopted; reported favorably with one amendment.

HB 65 Public Libraries and Obscenity: Requires all libraries that provide public access to the Internet to install and maintain computer software that prohibits access to materials containing obscene descriptions, photographs, or depictions on at least half of the library’s public-use computers. Identical to SB 356. Rep. Allen Trovillion (R-Winter Park)

  • H. Fiscal Policy & Resources: Reported favorably.

SB 418 OGSR/University Health Services Support Organizations: Reenacts and significantly narrows the meetings exemption in s. 240.2996, F.S., for meetings of a SSO board. Stipulates that closed meetings are restricted to discussion of an organization’s marketing plan, managed care contracts, and negotiations for contracts for managed care arrangements, reports on negotiations, and actions take by the governing board on negotiations. A court reporter is required at all closed meetings, and transcripts of the closed meetings become public 2 years after the date of the meeting, or 2 years after the termination or completion of the term of the contract. Also 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 HB 407. S. Education Committee

  • Senate: Amendment conforming SB 418 to its House companion is adopted; laid on table; HB 407 is substituted and rolled to third reading.

SB 484 OGSR/Economic Development Agencies: Reenacts s. 288.075, F.S., and amends the exemption to allow an economic development agency 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. Requires review under the OGSR Act in 2006. Similar to HB 389. S. Commerce & Economic Opportunities Committee

  • S. Governmental Oversight: Amendments offered by Sen. Bill Posey expanding the exemption to include the Florida Commercial Space Finance Corporation are adopted; reported favorably with two amendments.

SB 486 OGSR/Qualified Tax Refund Programs: Reenacts and expands the exemption in s. 288.1066, F.S., to also exempt 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.” Requires review under the OGSR Act in 2006. Similar to HB 391. S. Commerce & Economic Opportunities Committee

  • S. Governmental Oversight: Reported favorably.

HB 599 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 CS/SB 772. Rep. Connie Mack (R-Ft. Lauderdale)

  • H. Council for Healthy Communities: Reported favorably.

SB 692 Physicians/Adverse Incident Reports: Creates a public records exemption for information contained in notices of adverse incidents filed with the Department of Health (DOH) by physicians (pursuant to s. 458.351, F.S.) and osteopathic physicians. “Adverse incident” is defined as an event over which the physician could exercise control resulting in death, brain or spinal damage, performance of a surgical procedure on the wrong patient, or performance of a wrong-site surgical procedure. Similar to HB 1067. Sen. Charlie Clary (R-Destin)

  • S. Governmental Oversight: One minor amendment adopted; reported favorably with one amendment.

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. State Administration: A minor amendment making the records confidential and exempt is adopted; reported favorably with one amendment.

CS/SB 840 DOH/Identifying & Financial Information: Creates a public record exemption for all personally identifying information, bank account numbers, and debit, credit, and charge card numbers contained in records relating to an individual’s personal health or eligibility for health-related services made or received by the DOH or its service providers. Allows for the disclosure of such information only upon written consent of the individual, in a medical emergency, and by an order of the court. Similar to HB 365. Sen. Burt Saunders (R-Cape Coral)

  • S. Governmental Oversight: Reported favorably.

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. Health Regulation: Reported favorably.

HB 1067 Physicians/Adverse Incident Reports: As amended, creates a public records exemption for information contained in notices of adverse incidents filed with the Department of Health (DOH) by physicians (pursuant to s. 458.351, F.S.) and osteopathic physicians. “Adverse incident” is defined as an event over which the physician could exercise control resulting in death, brain or spinal damage, performance of a surgical procedure on the wrong patient, or performance of a wrong-site surgical procedure. Similar to SB 692. Rep. Bruce Kyle (R-Ft. Myers)

  • H. State Administration: One minor amendment adopted; reported favorably with one amendment.

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

  • H. Insurance: A “strike everything” amendment narrows exempts personal information related to bank account numbers, personal financial information, patient records, and other personal health information; reported favorably with one amendment.

SB 1314 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 HB 477. Sen. Burt Saunders (R-Naples)

  • S. Health: Reported favorably.

HB 1405 Release of Student Records: Amends s. 228.083, F.S., relating to the release of student records and reports, to revise and clarify the lawful release of student records and directory information. Amends the definition of “directory information” to stipulate that the phrase “means information contained in an educational records of a student which would not generally be considered harmful or an invasion of privacy if disclosed,” including the student’s name, address, telephone number, date and place of birth, major field of study, dates of attendance, degrees and awards received, and the most recent previous educational institution attended. Creates a definition of “personally identifiable information”, which includes student’s name, parent’s name, family address, social security number, and other information, including a lists of personal characteristics that would make the student’s identity easily traceable. Prohibits release of student directory information unless the school has received the written consent of the parents. Requires schools that release student directory information to the public to provide written notification to the parent of each student, listing the specific directory information to be released and the person or business who is to receive the information. Allows a parent to prohibit the release of student information under any circumstances. No Senate companion. Rep. Donna Clarke (R-Sarasota)

  • H. General Education: A “strike everything amendment”, in pertinent part, adds e-mail addresses and photographs to the definition of “directory information”.

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. Information Technology: Reported favorably.

HB 1537 Bids and Contracts for Services: Creates a public record exemption for all records created or acquired by an agency or its employees for the purpose of contracting for services, including bid drafts or draft proposals and supporting documentation. Also exempts all records created or acquired by another agency for the purpose of delivering such services, including draft bids or draft proposals and supporting documentation. Stipulates that such records are exempt until the contract is awarded, a decision is made not to award the contract, or the project is no longer under active consideration. Similar to SB 1678. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.

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. State Administration: Reported favorably.

CS/SB 1562 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 HB 1523. Sen. Locke Burt (R-Ormond Beach)

  • S. Regulated Industries: An amendment offered by Sen. Jack Latvala, 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 as a committee substitute.

HB 1565 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. No Senate companion. Rep. Mike Hogan (R-Jacksonville)

  • H. Tourism: An amendment to the statement of public necessity is adopted; reported favorably with one amendment.

HB 1585 Abandoned Property Reports: Creates a public records exemption for information in reports of abandoned property. Similar to CS/SB 1280. Rep. Nancy Detert (R-Venice)

  • H. Banking: A “strike everything” amendment exempting only social security numbers and financial account numbers is adopted; reported favorably with one amendment.

CS/SB 1726 Elderly Affairs/Personal Information: Creates a public records exemption for personally identifying information contained in records related to an individual’s health or eligibility for health-related or elder-care services made or received by the Department of Elderly Affairs. Allows for access to the information under certain, specified conditions. No House companion. Sen. Burt Saunders (R-Cape Coral)

  • S. Health: A “strike everything” amendment moving the exemption from ch. 119, F.S. to ch. 430 and exempting personal identifying information relating to an individual’s health or eligibility for or receipt of health-related, elder-care, or long-term care services received under programs administered or funded by the Department of Elderly Affairs is adopted; reported favorably as a committee substitute.

SB 2006 Juvenile Justice/Quality-Assurance Report: Stipulates that the quality-assurance report for an individual juvenile justice program or service becomes a public record when the report becomes final—that is, when the report is presented to the unit of government or service provider under contract to provide the service or program. Creates a limited public records exemption for all work papers and documentation of the quality-assurance review, stipulating that such records are exempt until the report is completed and becomes final. No House companion. Sen. Anna Cowin (R-Leesburg)

  • S. Criminal Justice: Reported favorably.

CS/SB 2082 HMO/Risk-Based Capital Reports and Proceedings: As amended, creates a public records exemption for all documents, materials, or other information specifically related to risk-based capital reports and plans (to the extent such information is not otherwise publicly available), and related documents, materials or other information, including the results or report of any examination or analysis performed by the Department of Health (DOH) and any corrective order issued by DOH. Stipulates that the records become public one year following the conclusion of any risk-based capital plan or on the date of any order of seizure, rehabilitation, or liquidation. Also stipulates that such documents are not subject to subpoena or discovery. Also creates an exemption for proceedings and hearings conducted by DOH regarding an HMO’s risk-based capital plan or report. Allows DOH to disclose such information for certain purposes under certain, specified conditions. Similar to HB 1517. Sen. Lisa Carlton (R-Osprey)

  • S. Banking & Insurance: Two minor amendments adopted; reported favorably as a committee substitute.

NEW BILLS FILED

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

🙁 ALTHOUGH WE SUPPORT THE INTENT OF THIS LEGISLATION—FOCUSING ON THE ILLEGAL OR MISUSE OF PUBLIC RECORD INFORMATION RATHER THAN CLOSING ACCESS—THIS BILL GOES TOO FAR IN ITS CHANGES TO THE DEFINITION OF “HARASS”. IF THIS BILL WERE TO BECOME LAW, IT COULD BE A SECOND DEGREE MISDEMEANOR TO MAKE A PUBLIC RECORD REQUEST FOR A GOVERNMENT EMPLOYEE’S PERSONNEL FILE. AND IF YOU USED SUCH INFORMATION AND THE SUBJECT OF THE FILE WAS EMBARRASSED OR ANNOYED BY YOUR ACTIONS, THEN YOU’VE JUST COMMITTED A FIRST DEGREE MISDEMEANOR, PUNISHABLE BY UP TO ONE YEAR IN JAIL AND A $1,000 FINE. RIDICULOUS, ISN’T IT?

HB 1871 Physicians/Adverse Incident Reports: Creates a public records exemption for information in an adverse incident report filed by a physician or osteopathic physician which identifies a patient, practitioner, or office, until 10 days after probable cause is found. Similar to SB 692 and HB 1067. H. Committee on Health Regulation

THIS BILL IS MUCH BETTER THAN OTHER, SIMILAR LEGISLATION, ALTHOUGH WE STILL HAVE A FEW NIGGLY PROBLEMS. SUCH AS: WHY EXEMPT THE NAME OF THE PHYSICIAN OR THE PHYSICIAN’S OFFICE? AND, PRESUMABLY, IF NO PROBABLE CAUSE IS FOUND, THE INFORMATION REMAINS EXEMPT. BUT IT WOULD ALLOW ACCESS TO THE INFORMATION IF THERE IS A FINDING OF PROBABLE CAUSE AND THAT’S A START IN THE RIGHT DIRECTION.

HB 1881 Nursing Home/Internal Risk Management & Elder Care Information: Creates public record exemptions for the records of meetings of the risk management and quality assurance committees of long term care facilities, notifications of adverse incidents, and adverse incident reports from such facilities. Creates a public meeting exemption for meetings of such committees. Also creates a public records exemption for information contained in records relating to an individual’s health or eligibility for services held by the Department of Elder Affairs. Similar to SB 1200 and HB 1619. Also similar to SB1726. H. Committee on Elder & Long Term Care

🙁 WHERE DO WE START WITH THIS ONE? NOT ONLY ARE THE EXEMPTIONS CREATED BY HB 1881 UNCONSTITUTIONALLY OVERBROAD, THE BILL VIOLATES THE SINGLE SUBJECT REQUIREMENT IN ARTICLE I, SECTION 24. DOES ANYBODY OVER THERE EVER READ THE CONSTITUTION?

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
  • 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
  • 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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