2002 Legislative Report for Period Ending January 25

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W Withdrawn from further consideration

For Period Ending: January 25

w SB 84 Nursing Homes/Internal Risk Management Records & Meetings: Simply revises the repeal date for exemptions for nursing home risk management records and meetings created during the 2001 Legislative Session (SB 1200). No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

  • Senate: Withdrawn from further consideration.

HB 131 Public Library Registration & Circulation Records: Revises the public records exemption for public library registration and circulation records to allow access to the parent or guardian of library patrons under the age of 16 for the purpose of collecting fines or overdue materials. Identical to SB 368. Rep. Evelyn Lynn (R-Ormond Beach)

  • H. Council for Smarter Government: Reported favorably. Now on H. Calendar.

CS/SB 238 OGSR/Risk-Based Capital Information: Reenacts, with minor changes, s. 624.40851, F.S., providing an exemption for risk-based capital reports, plans, and working plans made by, furnished to, or filed with the Department of Insurance, and proceedings and hearings related to such reports or plans. Similar to HB 281. S. Banking & Insurance

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules.

SB 250 OGSR/Practitioner Profiles: Reenacts, with minor technical changes, s. 456.046, F.S., providing an exemption for patient names and identifying information obtained by the Department of Health for the purpose of creating practitioner profiles, stipulating that other data received by DOH is exempt until the profile is made public. Similar to HB 277. S. Health, Aging & Long-Term Care

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules.

SB 252 Health Care Practitioners: Amends the definition of “license” and “licensee” under s. 456.011, F.S., to include provisional licenses and provisional licensees. Also deletes public record and meeting exemptions in ss. 490.00515 and 491.0047 for information relating to impaired health care practitioners who hold provisional licenses or are provisional licensees. Note, however, that the information retains its exempt status due to the definitional change. Identical to HB 279. S. Health, Aging & Long-Term Care

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Appropriations Subcommittee on Health & Human Services.

SB 254 OGSR/Managed Care Ombudsman Committee Records & Meetings: As amended, reenacts, with minor changes, s. 641.67, F.S., providing an exemption for patient records and identifying information held by district managed care ombudsman committees, and s. 641.68, F.S., exempting portions of committee meetings where such information is discussed. Repeals an identical exemption for the statewide managed care ombudsman committee. Similar to HB 283. S. Health, Aging & Long-Term Care

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules.

HB 431 Identifying Information/Guardian Ad Litem: 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 the 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. No Senate companion. Rep. Ken Sorenson (R-Key Largo)

  • H. Council for Smarter Government: Reported favorably. Now on H. Calendar.

CS/SB 468 Abandoned Property Records: Creates a public record exemption for social security numbers and financial account numbers in reports to the Department of Banking and Finance of abandoned or unclaimed property. Identical to HB 543. Sen. Locke Burt (R-Ormond Beach)

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Rules.

w SB 486 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. Similar to HB 735. Sens. Ginny Brown-Waite (R-Brooksville); Rod Smith (D-Gainesville)

  • Senate: Withdrawn from further consideration.

w SB 488 Hospital Emergency Management Plans: Creates a public records exemption for portions of a comprehensive emergency-management plan which address the response of a public or private hospital to an act of terrorism, including those portions addressing security systems or plans; vulnerability analyses; emergency evacuation transportation; sheltering arrangements; post-disaster activities and transportation; supplies, including drug caches; staffing; emergency equipment; and individual identification of residents, transfer of records, and methods of responding to family inquiries. Also exempts portions of public meetings relating directly to or revealing information regarding such plans. Stipulates that the certification of the sufficiency of a plan by the Governor is a public record. Similar to HB 729. Sens. Ginny Brown-Waite (R-Brooksville); Rod Smith (D-Gainesville)

  • Senate: Withdrawn from further consideration.

w SB 490 Pharmaceutical Materials and Depositories: Creates a public records exemption for the type or amount of pharmaceutical materials or the location of any pharmaceutical depository maintained as a response to an act of terrorism. Stipulates that the certification of the sufficiency or amount of the pharmaceutical or the security of the depository is a public record. Identical to HB 733. Sens. Ginny Brown-Waite (R-Brooksville); Rod Smith (D-Gainesville)

  • Senate: Withdrawn from further consideration.

w SB 492 Law Enforcement Transmittal Letters: Creates a public records exemption for requests of law enforcement agencies to inspect or copy public records in the custody of another agency, the custodial agency’s responses to such requests, and any information that would identify the records requested pursuant to an active criminal investigation so long as the investigation is active. Stipulates that the law enforcement agency must notify the custodial agency when the investigation is complete or no longer active. Similar to HB 741. Sens. Ginny Brown-Waite (R-Brooksville); Rod Smith (D-Gainesville)

  • Senate: Withdrawn from further consideration.

w SB 494 Automatic Delay/Public Record Requests: Creates a mechanism by which the Florida Department of Law Enforcement (FDLE) can automatically delay access to public records normally open to inspection and copying for the purpose of preventing or investigating acts of terrorism. No House companion. Sens. Ginny Brown-Waite (R-Brooksville); Rod Smith (D-Gainesville)

  • Senate: Withdrawn from further consideration.

HB 543 Abandoned Property Records: Identical to SB 468. Rep. Nancy Detert (R-Venice)

SB 970 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; 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. Agriculture & Consumer Services Committee: Amended to allow access to the name and address of aerial applicator pilots; reported favorably with one amendment. Now in S. Governmental Oversight.

NEW BILLS FILED

HB 769 Student Assessment 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 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 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)

THIS EXEMPTION IS TIED TO HB 775, CREATING A PATERNITY REGISTRY AND ITS INTENT, TO ENCOURAGE REGISTRATION OF PUTATIVE FATHERS, IS GOOD. FURTHERMORE, THERE IS SOME ACCESS TO REGISTRY INFORMATION THROUGH THE RELEASE OF CERTIFICATES OF A SEARCH.

HB 777 Qualified Defense Tax Refund Program: Creates a public records exemption for certain, specified business information received under tax refund programs for qualified defense contractors, qualified aviation-industry businesses, and qualified target-industry businesses, by the Office of Tourism, Trade, and Economic Development (OTTED), Enterprise Florida, or county or municipal governments and their employees. Such exempt information includes: applicant’s federal tax identification number and Florida sales tax registration number; the percentage of the applicant’s gross receipts derived from Department of Defense contracts during the past 5 taxable years; the amount of sales and use taxes, corporate income taxes, intangible personal property taxes, emergency excise taxes, excise taxes on document, and ad valorem taxes paid during the past 5 fiscal years; trade secret information; and information relating to the wages paid for jobs created when submitted as part of a claim for a tax refund and as evidence of achievement of performance. Stipulates that such information is exempt for the duration of the tax refund agreement or 10 years, whichever is earlier. No Senate companion. Rep. Bev Kilmer (R-Marianna)

🙁 INTERESTINGLY, HB 777 IS NOT MUCH MORE THAN A SLIGHT EXPANSION AND REENACTMENT OF S. 288.1066, F.S., WHICH WAS NOT REENACTED DURING THE 2001 SESSION AND THEREFORE SUNSETTED ON OCTOBER 1. WE HAVE SERIOUS CONCERNS WITH THE EXEMPTION IN THE BILL FOR DATA REGARDING THE WAGES PAID FOR JOBS CREATED UNDER THE TAX REFUND PROGRAM. AS WE UNDERSTAND IT, QUALIFIED APPLICANTS UNDER THESE 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 875 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 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. Similar to SB 1600. Rep. Gus Bilirakis (R-Palm Harbor)

🙁 THIS BILL IS A PARED-DOWN VERSION OF LEGISLATION FILED THE LAST FEW YEARS, AND ALTHOUGH THE FLORIDA MEDICAL ASSOCIATION (FMA) HAS MADE SOME ATTEMPT TO ADDRESS THE CONCERNS WE’VE RAISED IN THE PAST, THE LEGISLATION 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, HB 875 VIOLATES THE CONSTITUTIONAL STANDARD FOR THE CREATION OF NEW EXEMPTIONS.

HB 927 Managed Care/Dispute Resolution: Creates a public record exemption for sensitive personal information concerning medical treatment or medical history provided to a dispute resolution organization or the Agency for Health Care Administration (AHCA) by a managed care organization. Stipulates that the information is not discoverable or admissible in a civil or administrative action, unless the action is a disciplinary proceeding. No Senate companion. Rep. Allan Bense (R-Panama City)

ALTHOUGH THE CONSTITUTIONALLY-REQUIRED STATEMENT OF PUBLIC NECESSITY IS A BIT LAME, HB 927 COMPLIES WITH THE CONSTITUTIONAL REQUIREMENTS FOR CREATING NEW EXEMPTIONS.

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. No Senate companion. Rep. Marco Rubio (R-Miami)

? AS DRAFTED, THIS LEGISLATION MAY BE UNCONSTITUTIONALLY OVERBROAD, AND THE REQUIRED STATEMENT OF PUBLIC NECESSITY IS WOEFULLY INADEQUATE.

HB 1055 Residential Subdivisions/Financial Reports: Requires a complete financial report by developer or owner of common areas in residential subdivisions in which all home owners must pay a pro rata share of the actual expense of maintaining such areas. Stipulates what must be included in the report and when it must be filed. Similar to SB 1318. Rep. Dennis Baxley (R-Ocala)

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

HB 1067 Abandoned Newborns: Expands the exemption in s. 383.51, F.S., for the identity of parents leaving newborn infants at hospitals or fire stations to also include emergency medical services stations. Identical to SB 1222. H. Health Promotion

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

SB 1112 Identifying Information/Guardian Ad Litem: 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. Identical to HB 431. Sen. Rudy Garcia (R-Miami)

ALTHOUGH THIS PROPOSED EXEMPTION IS FAIRLY NARROW, IT ADDS TO A GROWING LAUNDRY LIST OF GOVERNMENT EMPLOYEES WITH EXEMPT ADDRESSES AND TELEPHONE NUMBERS. THE EXEMPTION FOR VOLUNTEERS MAY BE JUSTIFIED, BUT WHY STAFF?

SB 1124 Election Reporting Requirements: Redefines the terms “political committee”, “independent expenditure”, “issue”, and “communications 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. No House companion. Sen. Howard Futch (R-Indialantic)

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

SB 1152 and SB 1154 Investigative Incident Report: SB 1152 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. Stipulates that unauthorized release of the exempt report is a second degree misdemeanor. SB 1154 defined “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. No House companion. Sen. Ron Klein (D-Delray Beach)

🙁 UNDER CURRENT LAW, AN INVESTIGATIVE REPORT IS EXEMPT FROM PUBLIC DISCLOSURE SO LONG AS THE INVESTIGATION IS “ACTIVE”; ONCE THE INVESTIGATION IS COMPLETE OR NO LONGER ACTIVE, THE REPORT BECOMES A PUBLIC RECORD. BECAUSE OF THE WOEFULLY INADEQUATE STATEMENT OF PUBLIC NECESSITY (THE LEGISLATURE FINDS THAT THE EXEMPTION IS A PUBLIC NECESSITY….DUH), IT’S VIRTUALLY IMPOSSIBLE TO RESPOND TO THE NEED FOR THIS EXEMPTION. BUT WE DO KNOW THAT IF THIS PROPOSED EXEMPTION WERE TO BECOME LAW, IT WOULD BE INCREDIBLY EASY TO COVER-UP CRIMINAL ACTIVITY. IT’S A BAD BILL AND BAD PUBLIC POLICY.

SB 1222 Abandoned Newborns: Identical to HB 1067. Sen. Burt Saunders (R-Naples)

SB 1230 Bank Account & Charge Card Numbers: Reenacts (and slightly modifies) a public record exemption for bank account numbers and debit, charge, and credit card numbers held by a government agency. A similar exemption sunsetted in October 2001 due to the Legislature’s failure to reenact the exemption during the 2001 session. (See HB 383 & SB 632, 2001 Session) No House companion. Sen. Ron Klein (D-Delray Beach)

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

SB 1260 Public Records Exemption/BioTerrorism Threats: Expresses the intent of the legislature to create an exemption to the Public Records Law for information relating to threats of bioterrorism. No House companion. Sen. Ginny Brown-Waite (R-Brooksville)

ANOTHER INSIDIOUS “SHELL” BILL, THIS ONE A BIT MORE SPECIFIC THAN THOSE ALREADY REPORTED. WE’LL KEEP A CAREFUL EYE ON THIS BILL, AND WILL REPORT ANY CHANGES.

SB 1270 Public Records Exemption: Expresses the intent of the legislature to create an exemption to the Public Records Law. No House companion. Sen. Skip Campbell (D-Tamarac)

ANOTHER SHELL BILL

SB 1280 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)

AND ANOTHER!!! JUST HOW MANY SHELL BILLS DOES THE SENATE THINK IT NEEDS?

SJR 1284 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. Similar to HJR 327. Sen. Jack Latvala (R-Palm Harbor)

🙂 ALTHOUGH SJR 1284 WILL HAVE LITTLE EFFECT ON THE PASSAGE OF NEW EXEMPTIONS TO OUR CONSTITUTIONAL RIGHT OF ACCESS (MOST EXEMPTIONS PASS BY WIDE MARGINS), THE INTENT IS GOOD AND SEN. LATVALA DESERVES STRONG SUPPORT FOR THIS LEGISLATION.

SB 1318 Residential Subdivisions/Financial Reports: Similar to HB 1055. Sen. Rod Smith (D-Gainesville)

SB 1406 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. No House companion. Sen. Ken Pruitt (R-Port St. Lucie)

🙁 BLAH. PUBLIC OVERSIGHT? FORGET IT!!!! ACCORDING TO THE CONSTITUTIONALLY-REQUIRED STATEMENT OF PUBLIC NECESSITY, THE EXEMPTION IS NECESSARY TO PROTECT THE BUSINESS INTERESTS OF THE TELECOMMUNICATIONS SERVICE PROVIDER AND THE SECURITY OF THE COMMUNICATIONS NETWORK. HOW?????

SB 1440 Written Requests/Government Publications: Expresses the intent to enact a law requiring written requests for copies of state-agency publications. No House companion. Sen. Bill Posey (R-Rockledge)

🙁 WHY? LAST WE CHECKED, A GOVERNMENT “PUBLICATION” IS A PUBLIC RECORD. AND THE POLICY IN THIS STATE HAS BEEN THAT A REQUESTOR CANNOT BE REQUIRED TO PUT A REQUEST IN WRITING. ANOTHER “SHELL” BILL, THIS ONE DOESN’T LOOK GOOD.

SB 1466 Public Records/Electronic Access: Amends s. 28.2221, F.S., which requires clerks of court, as county recorders, to make all official records available via the Internet by 2006, adding a provision which requires the clerks to delete social security numbers, financial account numbers, and the names and addresses of minors from all records made available through the Internet. No House companion. Sen. Lee Constantine (R-Altamonte Springs)

TECHNICALLY, THIS BILL DOES NOT CREATE AN EXEMPTION TO THE PUBLIC’S RIGHT OF ACCESS AS IT MERELY REQUIRES CONCEALMENT OF INFORMATION ON THE INTERNET VERSION OF RECORDS.

SB 1468 Identifying Information/Public School Teachers: Creates a public record exemption for identifying information relating to public school teachers, including social security numbers, telephone numbers, and addresses. No House companion. Sen. Lee Constantine (R-Altamonte Springs)

🙁 ACCORDING TO THE CONSTITUTIONALLY-REQUIRED STATEMENT OF PUBLIC NECESSITY (WHICH IS WOEFULLY INADEQUATE IN SB 1468), THIS EXEMPTION IS NECESSARY BECAUSE “FREE PUBLIC ACCESS” TO THE SPECIFIED INFORMATION MAY INCREASE THE RISK OF VIOLENCE AGAINST TEACHERS. SB 1468 RAISES ALL SORTS OF CONSTITUTIONAL QUESTIONS, AND POSES SOME SERIOUS PRACTICAL PROBLEMS FOR GOVERNMENT AGENCIES WITH CUSTODY OF SUCH INFORMATION.

SB 1478 DOI/Workpapers: Creates a public record exemption for workpapers prepared or received by the Department of Insurance (DOI) in the performance of an examination or investigation of insurers. No House companion. Sen. Charlie Clary (R-Destin)

? THIS EXEMPTION APPEARS TO BE SUFFICIENTLY NARROW, AS THE EXAMINATION AND INVESTIGATION REPORTS BECOME PUBLIC ONCE THE EXAMINATION OR INVESTIGATION IS COMPLETE. HOWEVER, WE NEED TO GET A BIT MORE INFORMATION BEFORE TAKING A POSITION ON SB 1478.

SB 1488 Photos/Victims of Sexual Offenses: Creates a public record exemption for any photograph, videotape, digital image, electronic image, recorded image, or other visual image of any part of the body of a victim of a sexual offense. Stipulates that the exemption applies to all such images, regardless of whether the images constitute criminal intelligence information, criminal investigative information, or any other record or evidence in the custody or possession of a law enforcement agency, state attorney, emergency medical service agency, or medical facility. No House companion. Sen. Skip Campbell (D-Tamarac)

? ALTHOUGH WELL-INTENTIONED, SB 1488 MAY BE UNCONSTITUTIONAL. IT’S CERTAINLY OVERBROAD, AND WOULD PROHIBIT ANY OPPORTUNITY FOR PUBLIC OVERSIGHT.

SB 1494 Pharmacists/Adverse Incident Reports: Creates a public record exemption for information contained in a notice of adverse incident which would identify a patient, pharmacist, pharmacy, office, or entity by name, location or other identifiers provided to the Department of Health, until 10 days after probable cause has been found that a violation of law occurred. No House companion. Sen. Skip Campbell (D-Tamarac)

? SB 1494 SEEMS SUFFICIENTLY NARROW, ALLOWING ACCESS TO THE REPORT 10 DAYS AFTER PROBABLE CAUSE IS FOUND (ALTHOUGH WE HAVE TO ASK: WHAT HAPPENS IF NO PROBABLE CAUSE IS FOUND?), BUT WHEN WE LOOK AT THE STATEMENT OF PUBLIC NECESSITY, IT APPEARS AS IF THE INTENT IS TO CLOSE ACCESS TO THIS INFORMATION FOREVER AND EVER. IF THAT’S TRUE, THEN THIS BILL IS AS BAD AS THE EXEMPTION FOR ADVERSE INCIDENT REPORTS FILED BY PHYSICIANS. WE WILL CHECK WITH SEN. CAMPBELL FOR CLARIFICATION.

SB 1526 Motor Vehicle Records: Amends s. 119.07(3)(cc), F.S., currently allowing a driver to opt-out of the driver history record database, to exempt all personal information contained in a motor vehicle record that would identify the subject of the record. Retains the current exceptions to the exemption, allowing access by other government agencies, courts, insurance companies, tow truck operators, rental car companies, direct marketers, private investigators, etc., but stipulates that social security numbers contained in such records may only be provided to government agencies, courts, insurance companies, or an employer. No House companion. Sen. Jim Sebesta (R-St. Petersburg)

🙁 ACCORDING TO STAFF, SB 1526 IS FAR BROADER THAN WAS INTENDED BY ITS SPONSOR. AS DRAFTED, THOUGH, IT CLOSES ACCESS TO ALL DRIVER HISTORY AND MOTOR VEHICLE RECORDS (CURRENTLY, ONLY ABOUT 5% OF REGISTERED DRIVERS HAVE ELECTED TO “OPT-OUT” OF THE PUBLIC RECORD DATABASE), A MAJOR EXPANSION OF CURRENT LAW, AND IS UNCONSTITUTIONALLY OVERBROAD.

SB 1534 Personal Identifying Information/ParaTransit Services: Creates a public records exemption for personal identifying information in records relating to an individual’s health or eligibility for paratransit services under the federal Americans with Disabilities Act that are made or received by local governments or their service providers. Allows for disclosure of the exempt information with the express written consent of the individual, in a medical emergency, or by order of a court upon a showing of good cause. Similar to HB 687. Sen. Jim Sebesta (R-St. Petersburg)

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

SB 1558 Record & Meetings Exemptions/Commission for Independent Education: Expresses legislative intent to reenact exemptions from the Public Records Law and the Sunshine Law for records and proceedings of the Commission for Independent Education. No House companion. Sen. Alex Villalobos (R-Miami)

ANOTHER (!) SHELL BILL, THIS ONE WITH AN EVEN DIFFERENT TWIST, IN THAT ITS INTENT IS TO REENACT EXEMPTIONS RATHER THAN CREATE NEW ONES.

SB 1562 Record & Meeting Exemptions: Express legislative intent to enact legislation relating to exemptions for records and meetings relating to a statutorily-mandated review of Florida’s school code (ch. 240, F.S.). No House companion. Sen. Alex Villalobos (R-Miami)

LIKE SB 1558, THIS SHELL BILL WILL BE AMENDED TO REENACT CURRENT EXEMPTIONS.

SB 1588 Social Security Numbers: Creates a public record exemption for social security numbers in all public records. No House companion. Sen. Locke Burt (R-Ormond Beach)

WE’RE NOT CRAZY ABOUT THIS PROPOSED EXEMPTION, BUT EASY ACCESS TO SOCIAL SECURITY NUMBERS HAS LEAD TO AN INCREASE IN IDENTITY THEFT AND OTHER PROBLEMS, AND WE’RE SOMEWHAT RESIGNED TO THE NECESSITY OF SUCH AN EXEMPTION. HOWEVER, THERE IS A HOUSE PROPOSAL CLOSING ACCESS TO SOCIAL SECURITY NUMBERS, BUT ALLOWING ACCESS FOR LEGITIMATE BUSINESS PURPOSES. THE HOUSE PROPOSAL IS MUCH BETTER, AND WE WILL BE REPORTING ON IT ONCE THE BILL IS IN FINAL FORM AND HAS A NUMBER ASSIGNED.

SB 1600 Physicians/Adverse Incident Reports: Similar to HB 875. Sen. Charlie Clary (R-Destin)

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