2002 Legislative Report for Period Ending February 22

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W Withdrawn from further consideration

For Period Ending: February 22

HB 95 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 any public-use computers available to persons under the age of 18. Similar to CS/SB 392. Rep. Allen Trovillion (R-Winter Park)

  • H. Council for Smarter Government: Reported favorably (10/2; Reps. Gottlieb and Machek voting no). Now on House Calendar.

p HB 275 OGSR/Deepwater Ports: Reenacts, without change, s. 315.18, F.S., providing a public records exemption for any proposal or counterproposal exchanged between a non-governmental entity and a deepwater port, and for financial records submitted by such entities relating to the sale, use, or lease of land. Identical to SB 476. H. State Administration

  • Senate: Passed the Senate, 39/0. PASSED THE LEGISLATURE

HJR 327 Public Records & Meetings Exemptions: Proposes an amendment to Article I, section 24, of the Florida Constitution, stipulating that any exemption by the Legislature to the public’s constitutional right of access must be passed by a two-thirds vote of each house. No Senate companion. Rep. John Carassas (R-Largo)

  • H. Council for Smarter Government: One technical amendment adopted; reported favorably as a committee substitute (8/4; Reps. Brummer, Kyle, Machek and Ritter voting no). On House Calendar.

w SB 340 Crime Victim Photographs: Creates a public records exemption for photographs, digital images, video recordings, or other reproduction of crime scenes which reveal the remains of crime victims. Identical to HB 241. Sen. Rod Smith (R-Gainesville)

  • Senate: Withdrawn from further consideration.

CS/SB 392 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 any public-use computers available to persons under the age of 18. Similar to HB 95. Sen. Stephen Wise (R-Jacksonville)

  • S. Comprehensive Planning Committee: Reported favorably. On Senate Calendar.

HB 731 Aerial Applicators: Creates a public records exemption for all names, addresses, and restricted use license numbers of any person engaged in aerial application of pesticides, fertilizers, or seed; the FAA aircraft registration number of any aircraft used for aerial application; and the name and address of any person or entity that sells, lease, purchases, rents, or transfers any aircraft used for aerial application of such material. Similar to CS/SB 970. H. Select Committee on Security

  • H. Council for Smarter Government: A strike all amendment, creating an exemption for (1) the restricted use license number of an aerial applicator pilot; and (2) a pre-filed flight plan, if required, until 24 hours after completion of the flight, is adopted; reported favorably as a committee substitute. Now on House Calendar.

HB 735 Security System Plans: Reenacts, and slightly expands, the current exemption in s. 281.301, F.S., for information relating to security systems and meetings related to such information. Under current law, all records, information, photographs, audio and visual presentations, schematic diagrams, surveys, recommendations, or consultations revealing security systems are exempt, as are all meetings relating directly to or that would reveal such systems. SB 486 slightly expands the exemption to include threat assessments, threat-response plans, emergency-evacuation plans, sheltering arrangements, or manuals for security personnel, emergency equipment, or security training. The bill also re-codifies the meetings exemption, moving the exemption for portions of meetings which would reveal security system plans to s. 286.0113, F.S. No Senate companion. H. Select Committee on Security

  • H. State Administration Committee: A strike all amendment, creating a public record exemption for building plans, blueprints, schematic drawings, and diagrams depicting the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency and allowing access upon court order (and conforming the bill to CS/SB 982, below), is adopted; reported favorably with one amendment. Now in House Council for Smarter Government.

HB 773 Paternity Registry Information: Creates a public records exemption for all information (the name and last known address of the mother of the child; the name of the child and the location and date of birth; the man’s name, address, and driver’s license number; and a statement in which the man claims to be the father of the child) contained in the paternity registry. Allows release of certificates attesting to the results of a search of the paternity registry to a court, the birth mother, or an adoption entity. No Senate companion. Rep. Mark Mahon (R-Jacksonville)

  • H. State Administration Committee: A strike all amendment making minor technical changes to the bill is adopted; reported favorably with one amendment. Now in H. Child & Family Security Committee.

HB 935 Identifying Information/Florida Retirement System: Creates a public record exemption for records identifying participants in the Florida Retirement System and their account activities. Identical to SB 1886. Rep. Marco Rubio (R-Miami)

  • H. State Administration Committee: A strike all amendment, narrowing the exemption to include only personal identifying information and adding a repeal date, is adopted; reported favorably with one amendment. Now in H. Fiscal Policy Committee.

SB 970 Aerial Applicators: As amended, creates a public records exemption for the restricted use license number of any person engaged in aerial application of pesticides, fertilizers, or seed; and the name and address of any person or entity that sells, lease, purchases, rents, or transfers any aircraft used for aerial application of such material. Similar to HB 731. Sen. Durrell Peaden (R-Crestview)

  • S. Governmental Oversight Committee: A strike all amendment, conforming the bill to its House companion, as amended (above), is adopted; reported favorably as a committee substitute. Now in S. Rules.

SB 980 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law in order to preserve public safety. No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

  • S. Public Security Committee: A strike all amendment, creating a public record exemption for personal identifying information (name; social security number; date of birth; home address; next of kin) contained in a U.S. armed forces form DD-214 held by a clerk of court, is adopted; reported favorably with one amendment. Now in S. Governmental Oversight.

SB 982 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law in order to preserve public safety. No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

  • S. Public Security Committee: A strike all amendment, creating a public record exemption for building plans, blueprints, schematic drawings, and diagrams depicting the internal layout and structural elements of a building, arena, stadium, water treatment facility, or other structure owned or operated by an agency and allowing access upon court order, is adopted; reported favorably with one amendment. Now in S. Governmental Oversight.

SB 1112 Identifying Information/Guardian Ad Litem: As amended, creates a public record exemption for the home addresses, telephone numbers, social security numbers, and photographs of current or former staff and certified volunteers of child guardian ad litem programs. Also exempts similar information for spouses, and the names and locations of schools and day care facilities attended by the children of such persons. Similar to HB 431. Sen. Rudy Garcia (R-Miami)

  • S. Governmental Oversight Committee: The clarifying amendment by S. Children & Families Committee is adopted; reported favorably as a committee substitute. Now in S. Rules Committee.

SB 1152 Exemption/Investigative Incident Report: Creates a public record exemption for investigative incident reports sealed by a court, stipulating that the report is available only to the person who is the subject of the report, the subject’s attorney, criminal justice agencies, or licensing or employment entities. Also stipulates that unauthorized release of the exempt report is a second degree misdemeanor. Identical to HB 1663. Sen. Ron Klein (D-Delray Beach)

  • S. Criminal Justice Committee: A minor technical amendment adopted; reported favorably with one amendment. Now in S. Governmental Oversight Committee.

SB 1154 Investigative Incident Report: Defines “investigative incident report” as a “nonjudicial record maintained by a criminal justice agency which documents criminal investigative activity, including, but not limited to, the facts and circumstances relating to alleged or suspected criminal activity, and for which there is a final decision by the criminal justice agency that an arrest will not be made and criminal charges will not be filed . . .”. Authorizes a court to seal such reports if the subject of a report complies with certain, specified conditions. Identical to HB 1495. Sen. Ron Klein (D-Delray Beach)

  • S. Criminal Justice Committee: Reported favorably. Now in S. Governmental Oversight Committee.

HB 1261 Election Reporting Requirements: Redefines the terms “political committee”, “independent expenditure”, “issue”, and “communications media” (adding the Internet to the list of “communication media”) for the purpose of campaign contribution reporting requirements. Also revises the requirements for reporting campaign contributions, as well as the penalty provisions for failure to report. Requires any person sponsoring or funding an election advertisement to file regular reports of all contributions received and all expenditures made, stipulating that such reports must contain the same information and are subject to the same filing requirements as reports required of candidates under s. 106.07, F.S. Similar to CS/SB 1842. Rep. Mitch Needelman (R-Palm Bay)

  • H. Rules Committee: A strike all amendment making a number of technical changes to the bill is adopted; reported favorably with one amendment. Now in H. Procedural & Redistricting Council.

HB 1355 DOI/Workpapers: As amended, creates a public record exemption for workpapers and other information held by the Department of Insurance (DOI) in the performance of an examination or investigation of insurers. Also exempts workpapers and other information received from another governmental entity or the National Association of Insurance Commissioners (NAIC) for the DOI’s use in the performance of examinations or investigations. Authorizes access by certain, specified governmental entities, NAIC, and for use in criminal, civil, or administrative proceedings, so long as the confidential and exempt status of the information is maintained. Similar to CS/SB 1478. Rep. David Mealor (R-Lake Mary)

  • H. State Administration Committee: A minor technical amendment is adopted; reported favorably with one amendment. Now on House Calendar.

SB 1478 DOI/Workpapers: Creates a public record exemption for workpapers prepared or received by the Department of Insurance (DOI) or received from an insurance supervisory official of another state in the performance of an examination or investigation of insurers. Similar to HB 1355. Sen. Charlie Clary (R-Destin)

  • S. Banking & Insurance Committee: An amendment making technical changes to the language of the exemption is adopted; reported favorably as a committee substitute (7/5; Sens. Campbell, Carlton, Constantine; Dawson and Wasserman Schultz voting no). Now in S. Governmental Oversight Committee.

HB 1487 Telecommunications Service Tax Audits: Creates a public record exemption for any information received by a local government in connection with an audit of public service taxes collected by a telecommunications service provider. Stipulates that the exemption is retroactive, regardless of whether the audit was begun before the effective date of the exemption. Similar to SB 1406. Rep. Stacy Ritter (D-Coral Springs)

  • H. State Administration Committee: An amendment conforming the bill to its Senate companion is adopted; reported favorably with one amendment. Now in H. Council for Smarter Government.

HB 1661 School Advisory Councils/Bylaws: Requires all school advisory councils to adopt bylaws establishing procedures for: requiring a quorum (a majority of the membership) to be present before a vote can be taken; requiring at least 3-days written notice to members of the council of anything coming up for a vote; scheduling meetings when parents, students, teachers, business persons and members of the community can attend; replacing members with two unexcused absences; and recording minutes of all meetings. Similar to SB 2172. Rep. Charlie Justice (D-St. Petersburg)

  • H. General Education Committee: Reported favorably. Now in H. Council for Lifelong Learning.

NEW BILLS FILED

SB 2464 Motor Vehicle Records: Amends the current exemption for social security numbers of all current and former government employees to prohibit the release of social security numbers except as specifically required by law and with prior written notice to the holder of the social security number. Also creates an exemption for all motor vehicle records, requiring the Department of Highway Safety to provide written notice to the subjects of the closed records before allowing access to legally authorized to receive the closed records. Stipulates that a private investigator authorized to access the closed records cannot provide the record to a client who cannot demonstrate a compelling need for the information. “Compelling need” is defined as “potential legal action relating to an alleged default, theft, fraud, or marital infidelity.” Similar to HB 1311 and SB 1526. Sen. Anna Cowin (R-Leesburg)

🙁 LIKE ITS COMPANIONS, THE STATED PURPOSE OF THIS BILL IS TO PROTECT THE SUBJECTS OF MOTOR VEHICLE RECORDS FROM IDENTITY THEFT. BUT SB 2464 CLOSES ACCESS TO ALL DRIVER HISTORY AND MOTOR VEHICLE RECORDS (A MAJOR EXPANSION OF CURRENT LAW), NOT JUST THAT INFORMATION THAT MAY BE USED TO COMMIT THE CRIME OF IDENTITY THEFT. (WHY CAN’T WE FOCUS ON THE CRIME THAT’S BEING COMMITTED RATHER THAN CLOSING ACCESS????) THE BILL IS UNCONSTITUTIONALLY OVERBROAD.

Leave a Reply

Member Login

Forgot Password?

Join Us

%d bloggers like this: