2001 Legislative Review: Pre-Session Report

Foundation Members: The following is a list of the bills, grouped by general category, we will be tracking throughout the 2001 Legislative Session. As usual, we have selected those bills with open government and first amendment implications we think will be of interest to our members. After the summary of each open government bill, you will find a short analysis of the bill, including an easily recognizable indication of whether the bill is good or bad. Under this reporting system, 🙂 is Good and 🙁 is Bad. Those bills that are neither good nor bad will not be marked. During session, we will report any activity on these bills, as well as any new legislation that may be filed, on a weekly basis. We’ve changed the format this year in response to suggestions from our members: All new bills are now listed in numerical order, with an index of those bills organized by subject matter following. When the text of the bill and its companion are identical, the analysis follows only the first listed. We suggest you keep this pre-session report, as the weekly reports will not contain a complete description of all the bills.

Open Government Sunset Review (OGSR): Under the Open Government Sunset Review Act of 1995, all exemptions to the Sunshine Law and Public Records Law must be reviewed and reenacted by the Legislature five years after the date of enactment, or the exemption will automatically “sunset”. The Legislature will be reviewing all exemptions created in 1996. Those bills will be included in our legislative reports and will be designated OGSR.

PUBLIC RECORDS and OPEN MEETINGS

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. Identical to SB 714. Rep. Randy Ball (R-Titusville)

  • H. State Administration: Reported favorably with three minor amendments.
  • H. Crime Prevention, Corrections, & Safety:
    THIS BILL IS VERY SIMILAR TO LEGISLATION SPONSORED BY SEN. SEBESTA DURING THE 2000 SESSION, CS/SB 1108, IN RESPONSE TO RECOMMENDATIONS BY THE PUBLIC CORRUPTION TASK FORCE. IT DOES NOT CREATE AN EXEMPTION TO EITHER THE PUBLIC RECORDS LAW OR THE SUNSHINE LAW.

SJR 92 Legislative Meetings: Proposes an amendment to Article III, section 4, of the Florida Constitution to require that open meetings rules apply to meetings between the Governor and the president-designate of the Senate and the speaker-designate of the House. No House companion. Sen. Kendrick Meek (D-Miami); Sen. Skip Campbell (D-Tamarac); Sen. Mandy Dawson (D-Ft. Lauderdale); Sen. Buddy Dyer (D-Orlando); Sen. Daryl Jones (D-Miami); Sen. Ron Klein (D-Delray Beach); Sen. Richard Mitchell (D-Jasper)

🙂 THIS BILL WAS FILED, IT WOULD SEEM, IN DIRECT RESPONSE TO A SERIES OF CLOSED-DOOR MEETINGS LAST OCTOBER BETWEEN THE GOVERNOR AND THEN PRESIDENT-DESIGNATE JOHN MCKAY AND SPEAKER-DESIGNATE JOHN FEENEY. ART. III, S. 4., FLA. CON., REQUIRES THAT MEETINGS BETWEEN THE GOVERNOR AND SENATE PRESIDENT OR HOUSE SPEAKER, BE OPEN TO THE PUBLIC; SJR 92, WHICH HAS LITTLE HOPE OF PASSAGE, WOULD APPLY THAT SAME STANDARD OF OPENNESS TO MEETINGS SUCH AS THOSE HELD LAST FALL.

SB 270 DNA Test Results: Tied to another bill requiring DNA testing of all persons arrested for felonies, SB 270 creates a public record exemption for the results of the DNA analysis performed, stipulating that the results of the DNA test and the comparison of analytic results may be released only to law enforcement agencies, criminal justice agencies, and the attorney of the person tested. Also stipulates that if the person tested is not convicted of the offense for which arrested, the all results of the DNA analysis must be destroyed. No House companion. Sen. Ron Silver (D-N. Miami)

??? ALTHOUGH THIS EXEMPTIONS SEEMS TO MEET THE CONSTITUTIONAL STANDARD FOR THE CREATION OF NEW EXEMPTIONS, THE ACTUAL LANGUAGE IN THE BILL IS RATHER VAGUE. THE JUSTIFICATION FOR THE EXEMPTION OF THE DNA ANALYSIS IS SOUND; HOWEVER, THE COMPARISON OF ANALYTIC RESULTS—IN OTHER WORDS, IS IT A MATCH OR ISN’T IT—WOULD BE NECESSARY, WE BELIEVE, FOR EFFECTIVE PUBLIC OVERSIGHT OF THE CRIMINAL JUSTICE SYSTEM.

CS/HB 275 Campaign Treasurer’s Reports: Creates a public records exemption for personal identification numbers and computer security algorithms required to maintain the security of information submitted or received through the electronic filing system for campaign treasurer’s reports as required by HB 273 (amending § 106.0705, F.S., to require the electronic filing of campaign contribution and expenditure reports if such contributions or expenditures exceed an aggregate of $10,000). No Senate companion. Rep. Dennis Ross (R-Lakeland)

  • H. Rules, Ethics & Elections: Constitutionally-required statement of public necessity amended; reported favorably as a committee substitute.
  • H. Procedural & Redistricting Council: Reported favorably.
    THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

SB 306 Crime Victims Notification: Requires the Parole Commission 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)

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

HB 365 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. Identical to SB 840. 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.

SB 382 OGSR/Sealed Bids – Municipal Utilities: Reenacts, without change, s. 119.07(3)(aa), F.S., providing an exemption for records used by a municipally-owned utility to prepare and submit bids relative to the sale, distribution, or use of any service, commodity, or tangible personal property to customers or prospective customers, and stipulating that the exemption does not apply when the contract is executed, a decision is made not to execute such contract, or the project is no longer under active consideration. Identical to HB 385. S. Comprehensive Planning, Local & Military Affairs Committee

THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD.

HB 383 OGSR/Bank Account Numbers: Reenacts without change s. 119.07(3)(z), F.S., providing an exemption for bank account numbers, and debit, charge, or credit card numbers given to any agency for payment of any fee or debt. Identical to SB 632. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD.

SB 384 OGSR/911 Telephone Calls: Reenacts, without change, s. 365.171, F.S., providing an exemption for information that would identify a person requesting emergency services or reporting an emergency in 911 tapes while such information is in the custody of the agency providing emergency services. Identical to HB 399. S. Comprehensive Planning, Local & Military Affairs Committee

THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD.

HB 385 OGSR/Sealed Bids – Municipal Utilities: Identical to SB 382. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.

HB 387 OGSR/Donors – Sports-Related Industries: Reenacts, without change, s. 288.12295, F.S., providing an exemption for the identity of donors or prospective donors to sports-related industry direct support organizations (DSO) upon request of the donor or prospective donor. Identical to SB 454. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    🙁 ALTHOUGH THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, LEGISLATIVE STAFF REPORTS THAT DONORS TO SPORTS INDUSTRY DSOS HAVE NEVER REQUESTED ANONYMITY IN THE FIVE YEARS SINCE THE EXEMPTION WAS CREATED. THIS MAKES US QUESTION WHETHER THE EXEMPTION MEETS THE CONSTITUTIONAL STANDARD IN ARTICLE I, SECTION 24.

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

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD. BUT SEE SB 484.

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

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD. BUT SEE SB 486.

HB 393 OGSR/Tourism Marketing & Research Projects: Reenacts, without change, s. 288.1226, F.S., providing an exemption for the identity of persons responding to marketing and advertising research projects conducted by the Florida Tourism Industry Marketing Corporation, and for trade secrets obtained pursuant to such activities. Identical to SB 456. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD.

HB 395 OGSR/Airport Security Plans: Reenacts, without change, s. 331.22, F.S., providing an exemption for airport security plans and photographs, maps, blueprints, drawings, and similar material depicting critical airport operating facilities. No Senate companion. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD.

HB 397 OGSR/Personal Information – Toll Facilities: Reenacts, without change, s. 338.155, F.S., providing an exemption for personal information provided to the Department of Transportation, a county, or an expressway authority for the purpose of prepayment of toll facility charges. No Senate companion. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD.

HB 399 OGSR/911 Telephone Calls: Identical to SB 384. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.

HB 401 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 SB 414. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD.

HB 403 OGSR/Pawnbroker Transaction Records: Reenacts, without change, s. 539.003, F.S., providing an exemption for pawnbroker transaction records provided to law enforcement agencies. Similar to SB 804. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    THIS OGSR LEGISLATION REENACTS CURRENT LAW WITHOUT CHANGE, AND MEETS THE CONSTITUTIONAL STANDARD.

HB 405 OGSR/Surplus Lines Insurance Records: Reenacts and changes the exemption in s. 626.921, F.S. for trade secret information provided to the Florida Surplus Lines Service Office. HB 405 deletes the exemption for trade secrets and creates an exemption for information specific to a particular surplus lines insurance policy or policyholder, stipulating that the exemption does not apply to any proceeding instituted by the Florida Surplus Lines Service Office. Requires review under the OGSR Act in 2006. Identical to SB 1026. H. State Administration Committee

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    THIS LEGISLATION, CREATING A LIMITED EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS, COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

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

  • H. Council for Smarter Government: Reported favorably.
  • H. Rules, Ethics & Elections: Reported favorably.
    🙁 ALTHOUGH THE CURRENT EXEMPTION IS NARROWED SLIGHTLY, THE AMENDMENTS DO NOT GO FAR ENOUGH. THE MEETINGS EXEMPTION IS UNCONSTITUTIONALLY OVERBROAD AND DOES NOT REQUIRE A TRANSCRIPT OF THE CLOSED PORTIONS OF BOARD MEETINGS, THUS PRECLUDING ANY OPPORTUNITY FOR PUBLIC OVERSIGHT. BUT SEE SB 418.

SB 414 OGSR/Antitrust No-Action Letters: Identical to HB 401. S. Health, Aging & Long-Term Care Committee

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. Education: Reported favorably, 8/2 (Sen. Jones & Mitchell, opposed).
    SB 418 NARROWS CURRENT LAW TO CONFORM TO THE CONSTITUTIONAL STANDARD FOR EXEMPTIONS TO FLORIDA’S SUNSHINE LAWS, AND ALLOWS FOR PUBLIC OVERSIGHT AND ACCOUNTABILITY. IT IS PREFERABLE TO ITS HOUSE COMPANION, HB 407.

SB 454 OGSR/Donors – Sports-Related Industries: Identical to HB 387. S. Commerce & Economic Opportunities Committee

  • S. Commerce: Reported favorably.

SB 456 OGSR/Tourism Marketing & Research Projects: Identical to HB 393. S. Commerce & Economic Opportunities Committee

  • S. Commerce: 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. 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.

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. Commerce: Reported favorably, 7/3 (Sen. Holzendorf, Meek, & Miller, opposed)
    🙁 WE’VE HAD TROUBLE WITH ECONOMIC DEVELOPMENT AGENCIES AROUND THE STATE FOR A NUMBER OF YEARS, AND ALTHOUGH WE’RE NOT FOND OF THIS EXEMPTION, AT LEAST HB 389 REENACTS CURRENT LAW WITHOUT CHANGE. SB 484 RAISES SERIOUS CONCERNS, HOWEVER, PARTICULARLY IN ITS EXPANSION OF THE DEFINITION OF “ECONOMIC DEVELOPMENT AGENCY”. WE’RE NOT CONVINCED BY THE STATEMENT OF PUBLIC NECESSITY IN SB 484, AND WILL KEEP A CAREFUL EYE ON THE BILL AS IT MAKES ITS WAY THROUGH THE LEGISLATIVE PROCESS.

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. Commerce: Reported favorably.
    🙁 WE DON’T HAVE A PROBLEM WITH HB 391, WHICH SIMPLY REENACTS CURRENT LAW. WE HAVE SERIOUS CONCERNS, HOWEVER, WITH THE EXEMPTION IN 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.

SB 514 Use of Public Record Information/Criminal Purpose: Stipulates that a person who knowingly uses public records or information obtained from public records to further or facilitate the commission of a crime commits, in addition to the underlying offense, a first degree misdemeanor or third degree felony. No House companion. Sen. Locke Burt (R-Ormond Beach)

🙂 IT’S A LITTLE OFFBEAT, BUT WE LIKE THE APPROACH THIS BILL TAKES—THAT IS, LET’S FOCUS ON THE MISUSE OF PUBLIC RECORDS RATHER THAN LIMITING THE PUBLIC’S CONSTITUTIONAL RIGHT OF ACCESS TO THOSE RECORDS. FILED IN RESPONSE TO RECOMMENDATIONS MADE BY THE TASK FORCE ON PRIVACY AND TECHNOLOGY.

SB 524 Criminal Use of Personal Information: Amends s. 817, 568, F.S., relating to the crime of identity theft, to stipulate that the offense will be reclassified to the next higher degree if the perpetrator used public records to commit the crime. Allows for prosecution of the crime in the county where the victim resides, and 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. No House companion. Sen. Locke Burt (R-Ormond Beach)

THIS LEGISLATION, WHICH DOES NOT AFFECT THE PUBLIC’S RIGHT OF ACCESS OR OVERSIGHT, WAS FILED IN RESPONSE TO RECOMMENDATIONS MADE BY THE TASK FORCE ON PRIVACY AND TECHNOLOGY.

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. Identical to SB 772. Rep. Connie Mack (R-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 632 OGSR/Bank Account Numbers: Identical to HB 383. S. Governmental Oversight & Productivity Committee

HB 643 Criminal Use of Personal Information: Stipulates that a person who willfully and fraudulently uses personal identification information about another commits a second degree felony if the pecuniary benefit, the value of services received, the payment sought to be avoided, or the amount of injury or fraud perpetrated is more than $75,000. Identical to SB 696. Rep. Jack Seiler (D-Ft. Lauderdale)

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

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. No House companion. Sen. Charlie Clary (R-Destin)

🙁 THIS BILL IS A PARED-DOWN VERSION OF LEGISLATION FILED BY SEN. CLARY LAST YEAR, AND THE FLORIDA MEDICAL ASSOCIATION (FMA) HAS MADE SOME ATTEMPT TO ADDRESS THE CONCERNS WE RAISED DURING THE 2000 SESSION. HOWEVER, THE EXEMPTION FOR ADVERSE INCIDENT REPORTS IS TERRIBLE PUBLIC POLICY—NOT ONLY WOULD THE PUBLIC HAVE NO KNOWLEDGE OF SUCH INCIDENTS, THERE WOULD BE ABSOLUTELY NO OPPORTUNITY FOR GOVERNMENTAL OVERSIGHT AND ACCOUNTABILITY. IN ADDITION, SB 692 VIOLATES THE CONSTITUTIONAL STANDARD FOR THE CREATION OF NEW EXEMPTIONS.

SB 696 Criminal Use of Personal Information: Identical to HB 643. Sen. Skip Campbell (D-Tamarac)

SB 714 Citizen’s Right to Honest Government Act: Identical to HB 3. Sen Jim Sebesta (R-St. Petersburg)

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. No House companion. Sen. Debby Sanderson (R-Ft. Lauderdale)

🙁 THIS BILL ADDS TO THE GROWING LIST OF EXEMPTIONS FOR CERTAIN GOVERNMENT EMPLOYEES AND, BY DEFINITION, COULD INCLUDE NEARLY EVERY LOCAL GOVERNMENT EMPLOYEE. THE CONSTITUTIONALLY-REQUIRED STATEMENT OF PUBLIC NECESSITY STATES THAT THE INFORMATION MUST BE EXEMPT BECAUSE SUCH EMPLOYEES COULD BE THREATENED OR HARMED, BUT PROVIDES NO ACTUAL OR ANECDOTAL EVIDENCE. THIS BILL IS SIMILAR TO LEGISLATION FILED THE PAST TWO YEARS.

SB 772 Non-Title IV-D Child Support Enforcement Services: Identical to HB 599. Sen. Debby Sanderson (R-Ft. Lauderdale)

SB 804 OGSR/Pawnbroker Transaction Records: Identical to HB 403. S. Criminal Justice Committee

SB 840 DOH/Identifying & Financial Information: Identical to HB 365. Sen. Burt Saunders (R-Cape Coral)

SB 892 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. Sen. Rudy Garcia (R-Hialeah)

THIS IS WHAT IS CALLED A “SHELL” BILL. TECHNICALLY, A REQUEST FOR BILL DRAFTS MUST BE FILED BY A CERTAIN DATE; THE DEADLINE FOR FILING A REQUEST FOR THE 2001 SESSION WAS FEBRUARY 20. IN ORDER TO MEET THE DEADLINE, LEGISLATORS WILL FILE “SHELL” BILLS WITH THE INTENTION OF AMENDING THE “SHELL” AT A LATER DATE. BECAUSE ARTICLE I, SECTION 24, FLA. CON., REQUIRES THAT ALL SUNSHINE EXEMPTIONS BE IN SINGLE SUBJECT BILLS, EACH SESSION WE SEE A FAIR NUMBER OF SHELL BILLS FILED. WE’RE INCLUDING THEM IN THIS REPORT SO THAT YOU’LL BE AWARE IF AND WHEN THEY ARE AMENDED. WE’LL KEEP OUR EYES ON THESE, AND WILL REPORT ANY CHANGES.

SB 894 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. Sen. Rudy Garcia (R-Hialeah)

SHELL BILL

SB 896 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. Sen. Rudy Garcia (R-Hialeah)

SHELL BILL

SB 898 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. Sen. Rudy Garcia (R-Hialeah)

SHELL BILL

SB 900 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. Sen. Rudy Garcia (R-Hialeah)

SHELL BILL

SB 902 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. Sen. Rudy Garcia (R-Hialeah)

SHELL BILL

SB 904 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. Sen. Rudy Garcia (R-Hialeah)

SHELL BILL

SB 906 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. Sen. Rudy Garcia (R-Hialeah)

SHELL BILL

SB 996 Identity Theft: Expresses legislative intent to provide victims of identity theft with the means to correct consumer reports when those reports contain incomplete or inaccurate information as a result of identity theft. No House companion. Sen. Locke Burt (R-Ormond Beach)

THIS BILL DOES NOT EFFECT THE PUBLIC’ RIGHT OF ACCESS OR OVERSIGHT.

SB 998 Privacy & Public Records: Expresses legislative intent to ensure that the privacy of Floridians is protected. Directs state agencies to review procedures regarding access to public records to ensure that exempt or confidential information is not improperly released. No House companion. Sen. Locke Burt (R-Ormond Beach)

??? THIS BILL, FILED IN RESPONSE TO RECOMMENDATIONS MADE BY THE TASK FORCE ON PRIVACY AND TECHNOLOGY, SEEMS INNOCUOUS BUT IT MAKES US VERY NERVOUS. IF THE INTENT IS SIMPLY TO MAKE SURE GOVERNMENT AGENCIES AREN’T IMPROPERLY RELEASING EXEMPT INFORMATION, OKAY. BUT IT CERTAINLY CALLS FOR A CLOSE AND CAREFUL WATCH.

SB 1026 OGSR/Surplus Lines Insurance Records: Identical to HB 405. S. Banking & Insurance Committee

FIRST AMENDMENT ISSUES

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)

SB 356 Public Libraries and Obscenity: Identical to HB 65. Sen. Skip Campbell (D-Tamarac)

SUBJECT INDEX

  • 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
  • EMPLOYMENT
    SB 768, Home Addresses/Human Resource Managers
  • ETHICS AND ELECTIONS
    HB 275, Campaign Treasurer Reports
  • 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
  • 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
    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
  • 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
    SB 840, DOH/Identifying & Personal Information
  • INSURANCE
    HB 405, OGSR/Surplus Lines Insurance Records
    SB 1026, OGSR/Surplus Lines Insurance Records
  • 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
  • SECURITY PLANS & RELATED INFORMATION
    HB 395, OGSR/Airport Security Plans

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