2002 Legislative Report for Period Ending March 1

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W Withdrawn from further consideration

For Period Ending: March 1

CS/HB 195 DOI/Delinquency Proceedings Records: Creates an exemption for records of an insurer subject to delinquency proceedings made or received by the Department of Insurance (DOI), including: underwriting files, records that would be privileged or protected against discovery, medical records, non-managerial personnel and payroll records of the insurer; and claims information that identifies an insured or a claimant. Identical to SB 430. Rep. Anne Gannon (D-Delray Beach)

  • H. Council for Competitive Commerce: An amendment, approved earlier by H. State Administration, is adopted; reported favorably as a committee substitute. Now on H. Calendar.

CS/HB 323 Vehicle Crash Reports: Amends s. 316.066, F.S., exempting information that would identify those persons involved in an auto accident for 60 days afer the crash, to allow access to the exempt information by local government agencies, stipulating that such agencies must maintain the confidential and exempt status of the identifying information. Similar to SB 1030. Rep. Carey Baker (R-Eustis)

  • H. Insurance Committee: Reported favorably (11/1; Rep. Leslie Waters voting no.) Now in H. Council for Smarter Government.

CS/SB 668 Study Commission/Court Records: Creates a Study Commission on Public Records, with members to be appointed by the House Speaker, the Senate President, the Governor, the Chief Justice of the Florida Supreme Court, the Florida Association of Circuit Court Clerks and Comptroller, and the Florida Bar, for the purpose of developing policy guidelines and recommending changes to court procedures, rules, organizational structure, and laws governing privacy, confidentiality, admissibility of evidence, and public access. Requires the Commission to address certain, specified issues relating to on-line and Internet access to court records containing sensitive information. Prohibits placement of military discharge records, death certificates, and any family law, juvenile procedure, or probate files, records, and papers on the Internet. Allows anyone who is the subject of such records already on the Internet to request removal. Allows access to official records by licensed title insurance companies. Similar to HB 1679. S. Judiciary Committee

  • S. Governmental Oversight Committee: Amendments (1) adding a representative of the data aggregation industry to the commission; (2) changing “commission” to “committee”; (3) increasing representation by clerks of court from one representative to two; (4) requiring cooperation by state and local government entities and the Florida Association of Court Clerks; (5) also requiring the removal of records already on the Internet if a clerk can remove the record with current resources and technological resources; (6) requiring clerks of court to consider the development, availability, and use of programs or software that would facilitate remove of records from the Internet when upgrading or acquiring technology; and (7) requiring notice of the right to request removal of records on the Internet; are adopted; reported favorably as a committee substitute. Now in S. Rules.

HB 735 Security System Plans: As amended, creates 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 a showing of good cause. Similar to SB 982. H. Select Committee on Security

  • H. Council for Smarter Government: An amendment, approved earlier by H. State Administration, is adopted; reported favorably as a committee substitute. Now on H. Calendar.

CS/HB 769 Student Assessment Data: As amended, creates a public records exemption for data disclosing personal identifying information about a teacher and the effects of instruction by such teacher on a student in the possession of the Department of Education or the State Board of Education. Similar to SB 1762. Rep. J.D. Alexander (R-Winter Haven)

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

HB 777 Qualified Defense Tax Refund Program: As amended, 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 anticipated wages for project jobs and the average wages actually 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. Similar to HB 1639 and SB 2240. Rep. Bev Kilmer (R-Marianna)

  • H. Council for Competitive Commerce: Amendments stipulating that (1) trade secret information shall retain its exempt and confidential status after the tax refund, tax credit, or incentive program ends; and (2) OTTED cannot release the total number of jobs expected and the amount of tax refunds claimed for a business applying for a tax refund based on obtaining a U.S. Department of Defense contract until the contract is awarded; are adopted; reported favorably as a committee substitute. Now on H. Calendar.

SB 1030 Vehicle Crash Reports: Amends s. 316.066, F.S., exempting information that would identify those persons involved in an auto accident for 60 days afer the crash, to allow access to the exempt information by local government agencies, stipulating that such agencies must maintain the confidential and exempt status of the identifying information. Identical to CS/HB 323. Sen. Locke Burt (R-Ormond Beach)

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

CS/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. Similar to HB 1487. Sen. Ken Pruitt (R-Port St. Lucie)

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

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)

  • S. Governmental Oversight Committee: A strike all amendment prohibiting distribution of unsolicited copies of general reports or newsletter by government agencies; stipulating that agencies shall send reports or newsletters upon specific requests for particular reports or newsletters or general requests for all agency reports or newsletter; and allowing posting of general reports on agency websites, is adopted; reported favorably as a committee substitute. Now in S. Commerce Committee.

SB 1480 Department of Insurance: Expresses legislative intent to enact legislation relating to the Department of Insurance. No House companion. Sen. Charlie Clary (R-Destin)

  • S. Banking & Insurance Committee: A strike all amendment, creating a public record exemption for bank account numbers; debit, charge and credit card numbers; medical records; and all personal identifying information contained in financial and patient records held by the Department of Insurance (DOI) or its service providers, is adopted; reported favorably as a committee substitute (10/1; Sen. Skip Campbell voting no). Now in S. Governmental Operations 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. Council for Smarter Government: A conforming amendment, approved earlier by H. State Administration, is adopted; reported favorably as a committee substitute. Now on H. Calendar.

SB 1588 Social Security Numbers: Creates a public record exemption for social security numbers in all public records. Similar to CS/HB 1673. Sen. Locke Burt (R-Ormond Beach)

  • S. Governmental Oversight Committee: A strike all conforming amendment, exempting social security numbers held by an agency, but allowing access by a commercial entity for legitimate business purposes; requiring each agency to report those requesting access to social security numbers by the end of each year; and prohibiting an agency from collecting social security numbers unless authorized by law to do so or unless the collection of such numbers is imperative for the performance of the agency’s governmental duties, is adopted; reported favorably as a committee substitute. Now in S. Judiciary.

CS/SB 1648 Judiciary: Creates a public record exemption for (1) social security numbers contained in court records; and (2) all oral or written communications or documents, including written documents of the mediator, in presuit or voluntary mediation proceedings. No House companion. S. Judiciary

  • S. Governmental Oversight Committee: Reported favorably. Now in S. Appropriations Subcommittee on Public Safety.

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. Council for Lifelong Learning: A technical amendment, approved earlier by H. General Education, is adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 1679 Study Commission/Court Records: Creates a Study Commission on Public Records, with members to be appointed by the House Speaker, the Senate President, the Governor, the Chief Justice of the Florida Supreme Court, the Florida Association of Circuit Court Clerks and Comptroller, and the Florida Bar, for the purpose of developing policy guidelines and recommending changes to court procedures, rules, organizational structure, and laws governing privacy, confidentiality, admissibility of evidence, and public access. Requires the Commission to address certain, specified issues relating to on-line and Internet access to court records containing sensitive information. Prohibits placement of military discharge records, death certificates, and any family law, probate, or guardianship files, records, and papers on the Internet, and requires that such records already on the Internet be removed. Similar to CS/SB 668. H. State Administration

  • H. Council for Smarter Government: An amendment allowing anyone who is the subject of such records already on the Internet to request removal is adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 1767 DOI/Personal Financial and Identifying Information: Creates a public record exemption for bank account numbers; debit, charge and credit card numbers; and all personal identifying information contained in financial and patient records held by the Department of Insurance (DOI) or its service providers. Allows DOI to release such information to law enforcement agencies. Similar to CS/SB 1480. Rep. Bob Allen (R-Merritt Island)

  • H. Council for Smarter Government: A strike all amendment allowing DOI to release the exempt information to other government entities and the National Association of Insurance Commissioners, is adopted; reported favorably as a committee substitute. Now on H. Calendar.

HB 1769 Unsolicited Proposals/Transportation Facilities: Creates a public record exemption for unsolicited proposals for public/private transportation facilities received by the Department of Transportation. Identical to SB 2370. Rep. Bill Andrews (R-Delray Beach)

  • H. Council for Smarter Government: A strike all amendment, stipulating that the information in the exemption is exempt rather than exempt and confidential, is adopted; reported favorably as a committee substitute. Now on H. Calendar.

SB 1996 Citizen’s Right to Honest Government: In pertinent part, SB 1996 prohibits the disclosure of active criminal investigative or intelligence information by a “public servant” with the intention of obstructing, impeding, or preventing a criminal investigation or prosecution if the information is not available to the general public and is gained by reason of the public servant’s official position. Also prohibits the disclosure of material information concerning a bid or other aspects of the competitive bidding process when such information is not publicly disclosed, and the concealment, destruction, mutilation, or alteration of any official record or document. Finally, stipulates that a person who provides information regarding suspected criminal violations committed by a public servant shall be considered a confidential informant or confidential source. Similar to HB 147. Sen. Jim Sebesta (R-St. Petersburg)

  • S. Criminal Justice Committee: Reported favorably. Now in S. Ethics Committee.

NEW BILLS FILED

HB 1951 Invitations to Negotiate/Records and Meetings: Expands the current exemption in s. 119.07(3)(m) for sealed bids or proposals to also exempt replies received by an agency pursuant to invitations to bid, requests for proposals, or invitations to negotiate, until an agency provides notice of an intended decision, a solicitation is withdrawn or until all bids, proposals, or replies are rejected, whichever is earlier. Stipulates that a vendor does not waive trade secret protection by including such information in a bid, proposal, or reply. Also amends s. 287.0595, F.S., relating to pollution response action contracts under the Department of Environmental Protection (DEP), to expand the exemption for bids to also exempt proposals or replies until DEP provides notice of an intended decision pursuant to s. 120.57(3)(a), until the solicitation is withdrawn, or until all bids, proposals, or replies are rejected, whichever is earlier. Finally, creates an exemption to s. 286.011, Florida’s Sunshine Law, to allow agency “procurement selection teams” to meet in secret to discuss, evaluate, or negotiate bids, proposals, or replies received by the agency from vendors. Requires the person chairing the meeting to take minutes recording the time of commencement and termination of the meeting, all topics discussed and decisions made during the closed meeting, the names of all persons present at any time, and the names of all persons speaking. Stipulates that the minutes must be filed with the agency clerk “within a reasonable time” after the meeting and that minutes of evaluation meetings become public upon release of vendor rankings; minutes of negotiation meetings become public subsequent to the agency decision to award to only one vendor. No Senate companion. H. Fiscal Policy & Resources and Rep. Rob Wallace (R-Tampa)

🙁 HOW MANY WAYS CAN WE SAY YUCK?!??!?!! THE EXPANSION OF THE EXEMPTION FOR BIDS AND PROPOSALS TO INCLUDE INVITATIONS TO NEGOTIATE IS RELATIVELY MINOR, BUT THE MEETINGS EXEMPTION IS A HUGE EXPANSION, ALLOWING GOVERNMENT AGENCIES TO CLOSE MEETINGS AND MAKE DECISION ON WHICH VENDOR IS GOING TO GET WHAT CONTRACT WITH ABSOLUTELY NO OPPORTUNITY FOR PUBLIC OVERSIGHT UNTIL THE DEAL IS DONE! BECAUSE THERE’S NO LIMITATION ON WHO CAN ATTEND THE MEETING, THIS WOULD ALLOW “PROCUREMENT SELECTION TEAMS” TO MEET WITH VENDORS IN SECRET, AND OUR ONLY RECORD OF WHAT OCCURRED WOULD BE MINUTES TAKEN BY THE CHAIR!

HJR 1981 Judicial Qualifications Commission/Records & Meetings: Proposes an amendment to Article V, section 12(a), of the Florida Constitution, that would make all records and proceedings of the Judicial Qualifications Commission public upon a finding of no probable cause, unless exempted by general law. No Senate companion. H. Judicial Oversight Committee and Rep. Larry Crow (R-Dunedin)

UNDER CURRENT LAW, THE RECORDS AND PROCEEDINGS OF THE JUDICIAL QUALIFICATIONS COMMISSION INVESTIGATING A COMPLAINT AGAINST A JUSTICE OR JUDGE ARE CLOSED UNLESS–AND UNTIL–THERE IS A FINDING OF PROBABLE CAUSE. NO PROBABLE CAUSE? THE RECORDS AND PROCEEDINGS REMAIN CLOSED. HJR 1981 WOULD AMEND THE CONSTITUTION TO STIPULATE THAT THE RECORDS AND PROCEEDINGS BECOME PUBLIC ONCE THE INVESTIGATION IS COMPLETE, REGARDLESS OF WHETHER PROBABLE CAUSE IS FOUND, UNLESS SUCH RECORDS OR PROCEEDINGS ARE EXEMPTED BY GENERAL LAW.

HB 1983 Juvenile Delinquency Program/Records: In pertinent part, amends s. 985.04, F.S., allowing access to the name, photograph, address, and crime or arrest reports of juveniles under certain specified conditions, to expand the circumstances under which such records are not considered exempt solely because of age, stipulating that such records shall not be confidential and exempt if the child has an arrest warrant issued or has been identified in a law enforcement incident report or arrest report. Also clarifies that information not considered confidential and exempt may be provided by a law enforcement agency. No Senate companion. H. Juvenile Justice and Rep. Gustavo Barreiro (R-Miami)

THIS BILL EXPANDS THE PUBLIC’S RIGHT OF ACCESS.

SB 2256 Sale of Personal Consumer Data: Provides that any person or business entity who makes available, lends, donates, or sells the name, address, account number or other personal information of any consumer without the express written authorization of that consumer has committed a first degree misdemeanor. No House companion. Sen. Buddy Dyer (D-Orlando)

🙁 WHAT??!!???!!! WE’RE NOT SURE WHAT THIS BILL DOES, BUT IT’S CERTAINLY WEIRD! WOULD THIS PROHIBIT THE SALE OF DRIVER HISTORY RECORDS BY STATE GOVERNMENT? (WE’D BE REALLY SURPRISED IF IT DOES.) DOES IT PRECLUDE A NEWSPAPER FROM USING THE NAME OF AN ACCUSED CRIMINAL (CRIMINALS ARE, AFTER ALL, “CONSUMERS”) IN A STORY ABOUT THE CRIME COMMITTED? WHEW!

—-*—-

Here’s the updated Priority List:

SUPPORT

  1. SB 140 and HB 1123, Criminal Use of Public Record Information
    Sen. Locke Burt (R-Ormond Beach); Rep. Roger Wishner (D-Plantation)
  2. HJR 327 and SJR 1284, New Exemptions/Votes
    Rep. John Carassas (R-Largo); Sen. Jack Latvala (R-Palm Harbor)
  3. HB 1661 and SB 2172, School Advisory Councils/By-Laws
    Rep. Charlie Justice (D-St. Petersburg); Sen. Ginny Brown-Waite (R-Brooksville)

OPPOSE

  1. HB 241, Crime Scene Photos
    Rep. Dick Kravitz (R-Orange Park)
  2. SB 378 and HB 445, Public Utility Records
    Sen. Stephen Wise (R-Jacksonville); Rep. Mike Hogan (R-Jacksonville)
  3. HB 875 and SB 1600, Physicians/Adverse Incident Reports
    Rep. Gus Bilirakis (R-Palm Harbor); Sen. Charlie Clary (R-Destin)
    CS/SB 1494 and HB 1509, Pharmacists/Adverse Incidents
    Sen. Skip Campbell (D-Tamarac); Rep. Joyce Cusack (D-DeLand)
  4. HB 1311; SB 1526; and SB 2464, Driver History Records
    Rep. Lindsay Harrington (R-Punta Gorda); Sen. Jim Sebesta (R-St. Petersburg); Sen. Anna Cowin (R-Leesburg)
  5. HB 1951, Invitations to Negotiate/Records & Meetings
    H. Fiscal Policy & Resources
  6. SB 2416, List of Public Employees
    Sen. Rudy Garcia (R-Hialeah)

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