2001 Legislative Report for Period Ending March 23

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W Withdrawn from further consideration

For Period Ending: March 23

CS/HB 365 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 SB 840. Rep. Mike Hogan (R-Jacksonville)

  • H. State Administration: Amended to stipulate that if a request is made for specific records of an individual, then the records can be disclosed only with the express written consent of the individual or the individual’s legally authorized representative; reported favorably as a committee substitute.

SB 414 OGSR/Antitrust No-Action Letters: Reenacts, without change, s. 408.185, F.S., providing an exemption for trade secrets, preferred provider organization contracts, health maintenance organization contracts, marketing plans, and proprietary business information provided to the Attorney General by a health care company pursuant to a request for an antitrust no-action letter. Identical to HB 401. S. Health, Aging & Long-Term Care Committee

  • S. Health, Aging & Long-Term Care: 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. SB 418 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

  • S. Governmental Oversight: Reported favorably.

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. Judicial Oversight: 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. Also stipulates that the information in an adverse incident report is not discoverable or admissible in civil or administrative actions, and may not be made available to the public as part of an investigation or disciplinary proceeding by DOH. “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. Identical to HB 1067. Sen. Charlie Clary (R-Destin)

  • S. Health, Aging and Long-Term Care: An amendment offered by Sen. Clary stipulating that the information in an adverse incident report is not discoverable or admissible in a civil or administrative action is 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 . Similar to SB 1380. Rep. Dwight Stansel (R-Live Oak)

  • H. Agriculture & Consumer Affairs: Amended to allow access to such exempt records by the Department of Environmental Protection or a water management district; reported favorably as a committee substitute.

CS/SB 772 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 HB 599. Sen. Debby Sanderson (R-Ft. Lauderdale)

  • S. Governmental Oversight: Reported favorably.

CS/SB 840 DOH/Identifying & Financial Information: Creates a public record 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 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. Health, Aging and Long-Term Care: Amended to include charge card numbers within the exemption; reported favorably as a committee substitute.

CS/SB 906 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. Governmental Oversight: Amended to create a public records exemption, identical to that in HB 1561, for the individual records of children enrolled in Learning Gateway programs, when held by such programs, and to stipulate 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; reported favorably as a committee substitute.

CS/SB 1026 OGSR/Surplus Lines Insurance Records: Reenacts and expands slightly the exemption in s. 626.921, F.S. for trade secret information provided to the Florida Surplus Lines Service Office. SB 1026 deletes the exemption for trade secrets and creates an exemption for information specific to a particular surplus lines insurance policy or policyholder. Expands the exemption to apply to information provided to the Florida Surplus Lines Service Office. Requires review under the OGSR Act in 2006. Similar to HB 405. S. Banking & Insurance Committee

  • S. Governmental Oversight: Reported favorably.

HB 1083 Autopsy Photographs: Creates a public records exemption for autopsy photographs or video recordings, but allows access for inspection and copying upon a written waiver by a surviving family member. Also allows a requester to petition a court for access and authorizes the court to allow inspection (but not copying) upon a showing of good cause and a balancing of interests. Requires notice of such requests to a surviving family member. Allows access by other governmental agencies, but stipulates that the identity of the deceased remains confidential and exempt without a written waiver from a family member. Also allows a district medical examiner to use the photos for the purpose of seeking another medical opinion, for providing professional training, or for research purposes, with the same confidentiality provision for the identity of the deceased. Stipulates that a violation is a third degree felony. Similar to CS/SB 1356. Reps. Randy Johnson (R-Winter Garden); Jeff Miller (R-Milton)

  • House: Amended to conform to the Senate companion (see CS/CS/SB 1356 below); passed the House (91/12). In Senate Messages.

CS/SB 1084 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. Identical to HB 947. Sen. Alex Villalobos (R-Miami)

  • S. Judiciary: Two minor amendments adopted; reported favorably as a committee substitute.

CS/CS/SB 1356 Autopsy Photographs: Prohibits public inspection or copying of autopsy photos, videos, or audio tapes except upon court order and a showing of good cause. Requires a judge, in finding good cause, to balance the public’s right of oversight and the family’s privacy interests. Also requires that a family member be a party to an suit seeking access, and provides for legal representation of an indigent family in such lawsuits. Makes it a third degree felony to allow access to such photos or videos. Similar to CS/HB 1083. Sen. Jim King (R-Jacksonville)

  • S. Governmental Oversight: A strike everything amendment offered by Sen. Bill Posey, as amended by Sen. Rod Smith, is adopted; reported favorably as a committee substitute. As amended, CS/CS/SB 1356 (1) creates a public records exemption for autopsy photos, videos, or audio tapes in the custody of a medical examiner; (2) allows access by the surviving spouse, surviving parent, or adult child; (3) allows access by government agencies in furtherance of official duties, but stipulates that the identity of the deceased is exempt from public disclosure; (4) allows access by anyone upon court order and a showing of good cause, but requires a judge, in finding good cause, to balance the public’s right of oversight and the family’s privacy interests; and (5) requires that surviving family members be given reasonable notice of a request to inspect or copy such records and reasonable notice of the opportunity to be present and heard at any hearing.

w SB 1930 Central Voter File: Creates a public records exemption for information contained in the central voter file administered by the Division of Elections. No House companion. Sen. Skip Campbell (D-Tamarac)

  • Withdrawn from further consideration.

NEW BILLS FILED

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)

🙁 THIS BILL IS TROUBLING, TO SAY THE LEAST. IN CLARIFYING THE LAWFUL RELEASE OF STUDENT RECORDS, IT APPEARS TO MAKE STUDENT DIRECTORY INFORMATION EVEN MORE DIFFICULT TO OBTAIN.

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

🙁 WE DON’T HAVE A PROBLEM WITH HB 391, WHICH SIMPLY REENACTS CURRENT LAW. WE HAVE SERIOUS CONCERNS, HOWEVER, WITH THE EXEMPTION IN HB 1421 AND SB 486 FOR DATA REGARDING THE NUMBER OF JOBS CREATED AND THE WAGES PAID FOR THOSE JOBS. AS WE UNDERSTAND IT, QUALIFIED APPLICANTS UNDER THESE TWO TAX PROGRAMS RECEIVE A TAX REFUND IN RETURN FOR CREATING NEW JOBS AND INVESTMENT OPPORTUNITIES. AN EXEMPTION FOR THE INFORMATION USED BY GOVERNMENT TO GAGE THE PERFORMANCE OF QUALIFIED APPLICANT PRECLUDES ANY OPPORTUNITY FOR PUBLIC OVERSIGHT AND IS BAD PUBLIC POLICY.

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)

??? THIS BILL SEEMS TO BE NARROWLY-TAILORED TO EXEMPT ONLY TECHNICAL, SECURITY-TYPE INFORMATION THAT WOULD ALLOW UNAUTHORIZED ACCESS. HOWEVER, WE’RE SEEKING A RESPONSE TO THE PROPOSED EXEMPTION FROM THOSE IN THE MEDIA WHO REGULARLY MONITOR LAW ENFORCEMENT COMMUNICATIONS. SO FAR, THAT RESPONSE HAS BEEN FAIRLY MIXED, AND IT’S TAKING MORE TIME THAN USUAL TO SORT THIS ONE OUT.

HB 1517 HMO/Risk-Based Capital Reports and Proceedings: Creates a public records exemption for all risk-based capital reports and plans, 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 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. Identical to SB 2082. Rep. Perry McGriff (D-Gainesville)

🙁 WHEW, IS THIS ONE BAD. IT CREATES BLANKET RECORDS EXEMPTION AND A BLANKET MEETING EXEMPTION WITHOUT ANY OPPORTUNITY FOR PUBLIC OVERSIGHT. ACCORDING TO THE STATEMENT OF PUBLIC NECESSITY, THE PURPOSE OF HB 1517 IS TO PROTECT THE HMOS FROM THEIR BUSINESS COMPETITORS. IT WOULD SEEM, THEN, THAT THIS BILL IS UNCONSTITUTIONALLY OVERBROAD.

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. Identical to SB 1562. Rep. Irving Slosberg (D-Boca Raton)

🙁 ACCORDING TO THE STATEMENT OF PUBLIC NECESSITY, THIS EXEMPTION IS NECESSARY TO PROTECT THE BUSINESS INTERESTS OF THE TOBACCO COMPANY. IT WOULD SEEM, THEN, THAT THE EXEMPTION FOR ALL INFORMATION IS OVERBROAD. IN ADDITION, THE EXEMPTION PRECLUDES ANY OPPORTUNITY FOR PUBLIC OVERSIGHT AND ACCOUNTABILITY.

HB 1535 Educational Professionals: Creates a public records exemption for information identifying applicants for the position of Education Commissioner, president of a state university, or president of a community college. Also creates an exemption for those portions of a meeting when such information is discussed. No Senate companion. Rep. Evelyn Lynn (R-Ormond Beach)

🙁 WE’VE BEEN WAITING FOR THIS BAD BILL TO SHOW UP, AND IT’S WORSE THAN ANTICIPATED, TOO. THE BILL WAS FILED IN RESPONSE TO THE DIFFICULTIES EXPERIENCE LAST YEAR IN FINDING A SUITABLE CANDIDATE FOR THE PRESIDENT OF UF. (FORGET THE FACT THAT THE LEGISLATURE WAS, AT THE TIME, ATTEMPTING TO DISMANTLE THE BOARD OF REGENTS; THE PROBLEMS EXPERIENCED WERE BLAMED ON FLORIDA’S SUNSHINE LAWS.) THE JUSTIFICATION FOR THE EXEMPTION STATES THAT FLORIDA COLLEGES AND UNIVERSITIES CANNOT ATTRACT SUITABLE CANDIDATES TO FILL THESE POSITIONS BECAUSE THIS INFORMATION IS SUBJECT TO PUBLIC DISCLOSURE, BUT THAT PRESUMES THAT THOSE CURRENTLY HOLDING THESE POSITIONS ARE NOT THE BEST AND THAT WE WOULD WANT ONLY THOSE CANDIDATES WHO ARE NOT FORTHCOMING ENOUGH TO LET THEIR CURRENT EMPLOYERS KNOW THEY ARE LOOKING ELSEWHERE. THIS LEGISLATION IS BAD PUBLIC POLICY AND SETS A VERY DANGEROUS PRECEDENT.

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. No Senate companion. H. State Administration Committee

🙁 BOY, IS THIS A WEIRD ONE. THE CONSTITUTIONALLY-REQUIRED STATEMENT OF PUBLIC NECESSITY SAYS THE PROPOSED EXEMPTION IS NEEDED SO THAT AGENCIES CAN RECEIVE AND PROVIDE SERVICES IN A MORE COST-EFFECTIVE AND EFFICIENT MANNER. IT GOES ON TO STATE THAT THE EXEMPTION IS NECESSARY SO THAT GOVERNMENT AGENCIES CAN BETTER COMPETE WITH PRIVATE COMPANIES: “IF SUCH RECORDS WERE NOT EXEMPT FROM PUBLIC DISCLOSURE, PRIVATE SECTOR BUSINESSES COULD REQUEST THIS INFORMATION AND THEN PREPARE A BID OR PROPOSAL THAT WOULD EFFECTIVELY ELIMINATE THE ABILITY OF AN AGENCY OR ITS EMPLOYEES TO SUCCESSFULLY COMPETE.” THIS SOUNDS LIKE INSIDER TRADING, DOESN’T IT? THE BILL IS UNCONSTITUTIONALLY OVERBROAD.

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

🙁 THIS PROPOSED EXPANSION OF CURRENT LAW RAISES SERIOUS CONCERNS, PARTICULARLY IN ITS EXPANSION OF THE DEFINITION OF “ECONOMIC DEVELOPMENT AGENCY”. WE’RE NOT CONVINCED BY THE STATEMENT OF PUBLIC NECESSITY IN HB 1541, AND WILL KEEP A CAREFUL EYE ON THE BILL AS IT MAKES ITS WAY THROUGH THE LEGISLATIVE PROCESS.

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)

THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

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)

THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

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

🙁 ACCORDING TO THE STATEMENT OF JUSTIFICATION IN HB 1585, THE EXEMPTION FOR ABANDONED PROPERTY REPORTS IS NECESSARY TO AVOID AN “UNWARRANTED INVASION OF PRIVACY”. THIS REQUIRED STATEMENT OF JUSTIFICATION IS INSUFFICIENT, AND THE FLORIDA SUPREME COURT HAS REFUSED TO FIND A RIGHT OF PRIVACY IN PUBLIC RECORDS. THE EXEMPTION IS UNCONSTITUTIONALLY OVERBROAD.

HB 1619 Nursing Homes: Creates an exemption for meetings of a nursing home governing board held solely for the purpose of achieving the objectives of internal risk management. Also creates six public records exemptions: (1) all records of internal risk management meetings; (2) the annual report filed by each nursing home with the Agency for Health Care Administration (AHCA) summarizing adverse incident reports and a description of all malpractice claims filed in the past year; (3) adverse incident reports filed with AHCA; (4) all records obtained from the nursing home by AHCA related to the annual reports and adverse incident reports; and (5) information contained in the notice of an adverse incident and all information obtained by AHCA related to such adverse incidents. Finally, (6) exempts complaints filed against a nursing home and all information obtained by AHCA during its investigation until 10 days after a finding of probable cause; if no probable cause is found, all records remain exempt, but the complaint and a summary of AHCA’s findings will be made public, although any information identifying an individual will be deleted. Stipulates that all exempt information and records are not discoverable or admissible in a civil or administrative action, and that such information and records will not be made available to the public as part of the investigatory record. Similar to SB 1200. Rep. Lois Frankel (D-West Palm Beach)

🙁 THIS ONE IS STUNNINGLY BAD; WORSE, EVEN, THAN IT’S SENATE COMPANION. IF THIS BILL WERE TO BECOME LAW, THERE WOULD BE ABSOLUTELY NO OPPORTUNITY FOR PUBLIC OVERSIGHT OF OUR NURSING HOMES OR AHCA. THE STATEMENT OF PUBLIC NECESSITY SAYS THE EXEMPTIONS ARE JUSTIFIED BECAUSE SUCH REPORTS CONTAIN PERSONALLY IDENTIFYING INFORMATION AND THE NURSING HOMES MIGHT NOT REPORT ADVERSE INCIDENTS IF THE REPORTS WERE PUBLIC. PATOOIE. IF THE LAW REQUIRES THE REPORTING OF SUCH INCIDENTS, THEN THAT IS ALL THE INCENTIVE THE NURSING HOMES NEED. CLOSING ACCESS TO THIS INFORMATION IS BAD PUBLIC POLICY. THE BILL IS UNCONSTITUTIONALLY OVERBROAD.

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)

? WE’RE NOT SURE ABOUT THIS ONE. IT SEEMS NARROW ENOUGH, BUT WE’RE WONDERING ABOUT THE EFFECT SUCH AN EXEMPTION MIGHT HAVE ON THE PUBLIC’S RIGHT OF OVERSIGHT—SUCH INFORMATION GOES TO THE HEART OF NOT ONLY THE EFFECTIVENESS OF OUR TEACHERS, BUT THE EFFECTIVENESS OF THE STATEWIDE STUDENT ASSESSMENT PROGRAM.

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)

🙁 IN ADDITION TO THE TWELVE (12!!!) NEW PUBLIC RECORDS EXEMPTIONS THIS BILL CREATES, THE MEETINGS EXEMPTION WOULD SEEMINGLY COVER NEARLY ALL MEETINGS BETWEEN BOARD MEMBERS. SOME OF THE PUBLIC RECORDS EXEMPTIONS IN THIS BILL TRACK CURRENT EXEMPTIONS FOR OTHER UNDERWRITING ASSOCIATIONS, BUT OTHERS—SPECIFICALLY, THE FIRST THREE —ARE, WE BELIEVE, OVERBROAD AND VIOLATE THE CONSTITUTIONAL STANDARD FOR THE CREATION OF NEW EXEMPTIONS. IN ADDITION, THE REQUIRED STATEMENT OF PUBLIC NECESSITY IS INSUFFICIENT AND DOES NOT ADEQUATELY JUSTIFY THE NEED TO CLOSE MEETINGS OF THE BOARD.

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)

THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

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)

THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

SB 2028 Production of Records: Requires an out-of-state corporation providing electroni communication services or remote computing services to the public to comply with a subpoena, court order, or search warrant to produce the records sought within 5 days. Requires a Florida corporation providing similar services to respond to out-of-state subpoena, court order, or search warrant as if the order had been issued by a Florida Court. No House companion. Sen. Locke Burt (R-Ormond Beach)

THIS BILL DOES NOT AFFECT THE PUBLIC’S RIGHT OF ACCESS.

SB 2082 HMO/Risk-Based Capital Reports and Proceedings: Identical to HB 1517. Sen. Lisa Carlton (R-Osprey)

SB 2128 List of State Employees: Creates a public records exemption for the names, personal addresses, and social security number of state employees, to the extent that a state agency may not provide the names or addresses of such persons in aggregate, compiled, or list form. Authorizes the sharing of such lists between government agencies, but stipulates that such lists may not be provided to the public. Further stipulates that a person may view or copy an employee’s records, one record at a time, or may obtain information by a separate written request concerning a named employee for which information is desired. No House companion. Sen. Rudy Garcia (R-Hialeah)

🙁 ANOTHER BAD BILL! THIS ONE’S SO BAD, IT’S HARD TO KNOW WHERE TO START. THE STATEMENT OF PUBLIC NECESSITY JUSTIFIES THE EXEMPTION BASED ON THE EMPLOYEE’S RIGHT TO PRIVACY. BUT, AS STATED BEFORE, THERE IS NO RIGHT TO PRIVACY IN PUBLIC RECORDS. (FORGET THE FACT THAT THERE IS NO LEGALLY-RECOGNIZED RIGHT TO PRIVACY IN YOUR NAME OR HOME ADDRESS!) AND WHY IS A LIST OF EMPLOYEES A PRIVACY INVASION AND ACCESS TO INDIVIDUAL RECORDS IS NOT? AND WHAT ABOUT LOCAL GOVERNMENT EMPLOYEES? DON’T THEY HAVE A SIMILAR INTEREST? THE BILL IS UNDER-INCLUSIVE, UNCONSTITUTIONALLY OVERBROAD, AND THE STATEMENT OF PUBLIC NECESSITY IS INCREDIBLY INSUFFICIENT.

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. Identical to HB 985. Sen. Richard Miller (D-Jasper)

THIS BILL DOES NOT AFFECT THE PUBLIC’S RIGHT OF ACCESS OR OVERSIGHT. HOWEVER, IT DOES RAISE SOME CONSTITUTIONAL CONCERNS.

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
    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 1678, State Employees/Bidding
    SB 1898, Government Collection of Information
    SB 1944, Chief Privacy & Public Access Officer
  • 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
    SB 2082, HMO/Risk-Based Capital Reports & Meetings
    SB 2146, Medical Records/Prohibition on Solicitation
  • 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
  • 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
  • SECURITY PLANS & RELATED INFORMATION
    HB 395, OGSR/Airport Security Plans
    SB 1062, OGSR/Airport Security Plans

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